35 Amendments of Cristian-Silviu BUŞOI related to 2007/0248(COD)
Amendment 69 #
Proposal for a directive – amending act
Recital 14
Recital 14
(14) A competitive market should ensure that end-users are able to access and distribute any lawful content and to use any lawful applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content or applications is not unreasonably restrictedcontent, services or applications is not unreasonably restricted in a way which is a de facto limitation of consumer choice of services available in the online marketplace. National regulatory authorities must act in a timely manner that is compatible with the needs of their national market to ensure transparency and non-discrimination in access to services and applications over public communications networks.
Amendment 80 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) A competitive market should ensure that users are able to have the quality of service they require, but in particular cases it may be necessary to ensure that public communications networks attain minimum quality levels so as to prevent degradation of service, the blocking of access and the slowing of traffic over the networks. In particular, the Commission should be able to adopt implementing measures with a view to identifying the quality standards to be used by the national regulatory authorities. National regulatory authorities shall be required to introduce any quality of service measures adopted by the Commission in a timely manner.
Amendment 84 #
Proposal for a directive – amending act
Recital 19
Recital 19
(19) EAll end-users should be able to call and access the emergency services pfrovidedm any place within the territory of the EU by using any telephone service capable of originating voice calls through a number or numbers in the national or international telephone numbering plans. Emergency authorities should be able to handle and answer calls to the number “112” at least as expeditiously and effectively as calls to other national emergency numbers. It is important to increase awareness of, on the basis of commonly agreed quality standards. It is important to increase citizens' awareness about the existence and use of the “112” in order to improve the level of protection and security of all citizens travelling in the European Unionof the European Union, and optimize the use of resources at the “112” call centres. To this end, all EU citizens should be made fully aware that the “112” can be used as a single emergency number when travelling in any Member States, in particular through information provided in international bus terminals, train stations, ports or air by 2013 especially through the promotion of the 112 and its optimal use, in parallel with national emergency numbers. Furthermore the Commission should supports and in telephone directories, payphone kiosks, subscriber and billing materialsupplement information actions of Member States concerning the 112. The obligation to provide caller location information should be strengthened so as to increase the protection of citizens of the European Union. In particular, operators should provide caller location information to emergency services in a “push” mode, for all calls to the 112. In order to respond to technological developments, including those leading to increasingly precise accuracy of location information, the Commission should be able to adopt technical implementing measures in order to ensure the effective implementation of “112” in the Community for the benefit of all the citizens of the European Union.
Amendment 103 #
Proposal for a directive – amending act
Recital 39 a (new)
Recital 39 a (new)
Amendment 107 #
Recital 22
(22) End-users should decide what content they want to be able to send and receive, and which services, applications, hardware and software they want to use for such purposes, without prejudice to the need to preserve the integrity and security of networks and services. A competitive market with transparent offerings as provided for in Directive 2002/22/EC should ensure that end-users are able to access and distribute any content and to use any applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should be fully informed of the traffic management policies of, and subsequent possible limitations of access to applications or services imposed by, the service and/or network provider with which they conclude the contract. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them under Directive 2002/19/EC (Access Directive) to ensure that users’ access to particular types of content or application is not unreasonably restricted.
Amendment 120 #
Recital 32
(32) Member States should ensure that undertakings providing end- users with an electronic communications service designed for originating calls through a number or numbers in a national telephone numbering plan provide reliable and accurate access to emergency services with such accuracy and reliability as is technically feasible for that electronic communications service, taking into account possible lack of access in areas not covered by mobile networks. Network- independent service providerundertakings may not have control over networks and may not be able to ensure that the emergency calls made through their service are routed with the same reliability as traditional integrated telephone service providers, as they may not be able to guarantee service availability, given that problems related to the infrastructure are not under their direct control of these undertakings. Once internationally-recogniszed standards ensuring accurate and, reliable routing and connection to the emergency services are in place, all network-independent service providers should also fulfil the obligations related to access to emergency services at a level comparable to that required of other undertakings.
Amendment 122 #
Article 1 – point 1
Directive 2002/22/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
1. Within the framework of Directive 2002/21/EC (Framework Directive), this Directive concerns the provision of electronic communications networks and services to end-users. The aim is to ensure the availability throughout the Community of good- quality publicly available services through effective competition and choice and to deal with circumstances in which the needs of end- users are not satisfactorily met by the market. Theis Directive also includes provisions concerning certain aspects ofonsumer premises terminal equipment intended to facilitate access for disabled end-users, with particular attention being given to terminal equipment for users with special needs, including the disabled and the elderly.
Amendment 124 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that all reasonable requests for provision of a telephone service over the network connection referred to in paragraph 1, allowing originating and receiving of national and international calls and calls to emergency services via the number “112” from any place within the territory of the EU, are met by at least one undertaking.’
Amendment 133 #
Article 1 – point 13
Directive 2002/22/EC
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing connection to a public electronic communications network and/or electronic communications services to inter alia: (a) provide applicable tariff information to subscribers regarding any number or service subject to particular pricing conditions; with respect to individual categories of services, national regulatory authorities may require such information to be provided immediately prior to connecting the call; (aa) regularly remind subscribers of any lack of reliable access to emergency services or caller location information in the service to which they have subscribed; (b) inform subscribers of any relevant change to the provider’s traffic management policies and subsequent possible limitations of access to applications or services; (c) inform subscribers of their right to determine whether or not to include their personal data in a directory, and of the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC (Directive on privacy and electronic communications); and (d) regularly inform disabled subscribers of details of products and services designed for them. If deemed appropriate, national regulatory authorities may promote self- or co- regulatory measures prior to imposing any obligation.
Amendment 135 #
Proposal for a directive – amending act
Article 1 – point 7 b (new)
Article 1 – point 7 b (new)
Directive 2002/22/EC
Article 10 – paragraph 2
Article 10 – paragraph 2
(7b) In Article 10, paragraph 2 is amended as follows: 2. 'Member States shall ensure that […] undertakings […] offering telecommunication services as defined in article 2 of directive 2002/21/EC provide the specific facilities and services set out in Annex I, Part A, in order that subscribers can monitor and control expenditure and avoid unwarranted disconnection of service.'
Amendment 139 #
Article 1 – point 13
Directive 2002/22/EC
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3a. To ensure quality of services, operators may use traffic management policies, namely the procedures put in place by the provider in order to measure and control traffic on a network link so as to avoid filling the link to capacity or overfilling the link, which would result in network congestion and poor performance.
Amendment 140 #
Article 1 – point 13
Directive 2002/22/EC
Article 22 – paragraph 3 b (new)
Article 22 – paragraph 3 b (new)
3b. These policies are deemed appropriate and reasonable as long as it can be proved that they are not anti-competitive and do not hinder the competitive development of the information society.
Amendment 144 #
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Member States shall ensure that, to the extent technically feasible, undertakings concerned make caller location information available free of charge to the authority handling emergency calls as soon as the call reaches that authority. This applies to all calls to the single European emergency call number ‘112’. Member States may extend this obligation to cover calls to national emergency numbers. Where undertakings referred to in paragraph 2 wish to claim that providing caller location information is not technically feasible, they shall bear the burden of proving this.
Amendment 155 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services that allow voice communication, subscribers are clearly informed whether or not access to emergency services is provided. Providers of electronic communications services shall ensure that customers are clearly informed of the lack of access to emergency services in advance of the conclusion of a contract and regularly thereafter, especially when entering areas which may not be covered by any communication service.
Amendment 160 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/oroffering a connection to a public communications networks, subscribers are clearly informed in advance of the conclusion of a contract and regularly thereafter of any limitations imposed by the provider on their ability to access or distribute lawful content or runto access or use any lawful applications and services of their choice.
Amendment 173 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6 d (new)
Article 20 – paragraph 6 d (new)
6d. Member States shall ensure that subscriber contracts provide for a system of warnings and sanctions to be enforced against the subscriber if his connection is used for unlawful purposes.
Amendment 199 #
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2002/22/EC
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shall ensure that national regulatory authorities must act in a timely manner that is compatible with the needs of their national market to ensure transparency and non- discrimination in access to services and applications over public communications networks. In order to prevent degradation of service and slowing of traffic over networks, the Commission may, having consulted the Authority, adopt technical implementing measures concerning minimum quality of service requirements to be set in a timely manner compatible with the needs of the national market by the national regulatory authority on undertakings providing public communications networks. These measures designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3). National regulatory authorities shall be required to introduce such minimum quality of service requirements no later than two months after their adoption by the Commission.
Amendment 205 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/22/EC
Article 23
Article 23
Member States shall take all necessary steps to ensure the availability of publicly available telephone services provided over public communications networks in the event of catastrophic network breakdown or in cases of force majeure. Member States shall ensure that undertakings providing publicly available telephone services take all reasonable steps to ensure uninterrupted access to emergency services, from any place within the territory of the EU.
Amendment 218 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that undertakings providing a service for originating national and/or international calls through a number or numbers in a national or international telephone numbering plan provide uninterrupted access to emergency services, from any place within the territory of the EU.
Amendment 219 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Member States shall ensure that calls to the single European emergency call number ”112” are appropriately answered and handled in a manner best suited to the national organisation of emergency systems. Such calls shall be answered and handled at least as expeditiously and effectively as calls to national emergency number or numbers, where these continue in useto be in use, and on the basis of commonly agreed quality standards.
Amendment 220 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Member States shall ensure that disabled end-users are able to access emergency services. In order to ensure that disabled end-users are able to access emergency services while travelling in other Member States, the measures taken may include ensuring in compliance with relevant standards or specifications published in accordance with the provisions of Article 17 of Directive 2002/21/EC (Framework Directive).
Amendment 222 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 6
Article 26 – paragraph 6
6. Member States shall ensure that in addition to information about their national emergency numbers, all EU citizens are adequately informed about the existence and use of the single European emergency call number “112”, in particular through initiatives specifically targeting persons travelling between Member States.. The Commission shall support, and supplement relevant information actions of Member States; it shall submit a yearly report to the Commission and the Authority on the measures taken in that respect. periodically evaluate the knowledge of the 112 by the public and take appropriate measures against the Member States who fail to inform their citizens adequately.
Amendment 223 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 7
Article 26 – paragraph 7
7. In order to ensure the effective implementation of “112” services in the Member States, including access for disabled end-users when travelling in other Member States, the Commission, having consulted the Authority, may adopt technical implementing measures. Those measures designed to amend non-essential elements of this Directive, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).
Amendment 224 #
Proposal for a directive – amending act
Article 1 – point 16 a (new)
Article 1 – point 16 a (new)
Directive 2002/22/EC
Article 26 a (new)
Article 26 a (new)
(16a) The following Article 26a is inserted: 'Article 26a EU warning and alert system Member States shall ensure the establishment of a EU-wide, universal, multilingual, simplified and efficient communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters of any type. Such a system may be created through the interconnection and upgrading of existing national and regional systems. The warning and alert system shall be established by 2013 at the latest. It shall induce life-saving behaviour of threatened citizens and shall be implemented in combination with appropriate information and training campaigns.'
Amendment 228 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 28 – paragraph 1 – subparagraph 1 – point (a)
Article 28 – paragraph 1 – subparagraph 1 – point (a)
(a) end-users are able to access and use applications and services, including information society services, providedavailable within the Community using public communications networks; and
Amendment 234 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
National regulatory authorities shall be able to block on a case-by-case basis access to numbers or services where this is justified by reasons of fraud or misuse. Citizens shall be adequately informed and receive due warning about the cases in which they will be denied access to emergency services through the 112.
Amendment 237 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. Member States shall ensure that national regulatory authorities have the power to require undertakings providing public communications networks to provide information regarding the management of their networks in connection with any limitations or restrictions on end-user access or use of services, content or applications. Member States shall ensure that national regulatory authorities have all the powers necessary to investigate cases in which undertakings have imposed limitations on end-user access to services, content or applications.
Amendment 239 #
Proposal for a directive – amending act
Article 1 – point 18
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 2
Article 30 – paragraph 2
2. National regulatory authorities shall ensure that pricing between operators related to the provision of number portability is cost orientbased and that direct charges to subscribers, if any, do not act as a disincentive for the use of these facilities.
Amendment 244 #
Proposal for a directive – amending act
Article 1 – point 18
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 6
Article 30 – paragraph 6
6. Without prejudice to any minimum contractual period, nNational regulatory authorities shall ensure that minimum contract periods, conditions and procedures for termination of contract do not act as a disincentive for changing suppliers of services. National regulatory authorities shall take due account of technological advances and end-user needs when analyzing the minimum length of contracts.
Amendment 257 #
Proposal for a directive – amending act
Article 1 – point 20 – point a
Article 1 – point 20 – point a
Directive 2002/22/EC
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
1. In particular, Member States shall ensure that national regulatory authorities establish a consultation mechanism ensuring that in their decision-making process due consideration is given to consumer interests in electronic communications are taken into account.
Amendment 259 #
Proposal for a directive – amending act
Article 1 – point 20 – point b
Article 1 – point 20 – point b
Directive 2002/22/EC
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Member States shall submit a yearly report to the Commission and the Authority on the measures taken and the progress towards improving interoperability and use of, and access to, electronic communications services and terminal equipment by disabled end-usersusers in general and by disabled end-users in particular. Due consideration shall be taken of the policy objectives and regulatory principles set out in article 8 of Directive 2002/21/EC.
Amendment 271 #
Proposal for a directive – amending act
Annex I – Part A – point (e)
Annex I – Part A – point (e)
Directive 2002/22/EC
Annex I – Part A – point (e)
Annex I – Part A – point (e)
Member States are to authorise specified measures, which are to be proportionate, non-discriminatory and published, to cover non-payment of bills of operators designated in accordance with Article 8. These measures are to ensure that due warning of any consequent service interruption or disconnection is given to the subscriber beforehand. Any service interruption shall normally be confined to the service concerned. Exceptionally, in cases of fraud, persistent late payment or non-payment, Member States shall ensure that national regulatory authorities are able to authorise disconnection from the network as a result of non-payment of bills for services provided over the network. Disconnection for non-payment of bills should take place only after due warning is given to the subscriber. Member States may allow a period of limited service prior to complete disconnection, during which only services that do not incur a charge to the subscriber (e.g. “112” calls) are permitted. Access to emergency services through the 112 may be blocked in cases of repeated misuse by the user (e.g. false calls).
Amendment 274 #
Proposal for a directive – amending act
Annex I – Part A – point e c (new)
Annex I – Part A – point e c (new)
Directive 2002/22/EC
Annex I – Part A – point e c (new)
Annex I – Part A – point e c (new)
(ec) Cost control Member Stats shall ensure that national regulatory authorities require all undertakings providing electronic communication services, to offer means for subscribers to control the costs of telecommunication services for instance by offering free of charge to alert consumers in case they exceed their limits or if abnormal consumption patterns occur.
Amendment 275 #
Proposal for a directive – amending act
Annex I – Part A – point e d (new)
Annex I – Part A – point e d (new)
Directive 2002/22/EC
Annex I – Part A – point e d (new)
Annex I – Part A – point e d (new)
(ed) Best advice Member States shall ensure that national regulatory authorities require all undertakings providing electronic communication services to recommend consumers once a year their best available tariff package, on the basis of the consumer’s consumption patterns of the previous year.
Amendment 280 #
Proposal for a directive – amending act
Annex II – point 2.2
Annex II – point 2.2
Directive 2002/22/EC
Annex II – point 2.2
Annex II – point 2.2
2.2. Standard Ttariffs with an indication of the full price of the service contracted and what is included in each tariff element (e.g. charges for access, all types of usage charges, maintenance charges), and including details of standard discounts applied and special and targeted tariff schemes.