BETA

86 Amendments of Ruth HIERONYMI

Amendment 1 #

2008/2204(INI)

Draft opinion
Paragraph 1
1. Acknowledges that the Internet could become a tool for promoting cultures and languages by developing cultural and creative industries, especially in developing countries if cultural diversity were to be protected through an agreed sector specific international legal basis with regard to content; insists, however, on the importance of promoting equal access to ICTs to make an inclusive information society possible, and removing barriers of any kind, to allow potential trading and to guarantee the full rights of citizenship;
2008/11/11
Committee: CULT
Amendment 5 #

2008/2204(INI)

Draft opinion
Paragraph 4
4. AcknowledgeHighlights the importance of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression and calls upon the Council and the Commission to implement quickly the Convention in the internal as well as the external policies of the European Union;
2008/11/11
Committee: CULT
Amendment 7 #

2008/2204(INI)

Draft opinion
Paragraph 5
5. Stresses that cultural and artistic products and services have both an economic and cultural nature, and that is important to maintain this recognition in international trade negotiations and agreements, and via global networks by implementing the UNESCO convention in a legally binding way;
2008/11/11
Committee: CULT
Amendment 9 #

2008/2204(INI)

Draft opinion
Paragraph 7
7. Urges the Commission and the Council to ensure that the rules governing international trade allow European cultural industries to fully exploit the new opportunities brought about by online trading in particularly the audiovisual, musical and publishing sectors. However, this must not affect the European Community’s policy, clearly stated in the negotiating mandate, to refrain from making offers or accepting liberalisation demands in the audiovisual and cultural sector;
2008/11/11
Committee: CULT
Amendment 12 #

2008/2204(INI)

Draft opinion
Paragraph 7 a (new)
7a. Any existing or potential future liberalisation of transmission services must not affect the Commission’s position on content related rules;
2008/11/11
Committee: CULT
Amendment 6 #

2008/2179(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the Observatory's publication on copyright and other related rights and suggests that the Observatory cover these issues systematically and, in the light of the UNESCO Convention on Cultural Diversity1, extend its coverage to include the issue of tax and labour law in the audiovisual sector in Europe;
2008/11/18
Committee: CULT
Amendment 7 #

2008/2179(INI)

Motion for a resolution
Paragraph 7 a (new)
1 The United Nations Educational, Scientific and Cultural Organization (UNESCO) 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions. 1 Directive 89/552/EC of 3 October 19897a. Welcomes the Observatory's investigation into the significance of audiovisual works from third countries ofn the European Pmarliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of aket and recommends an analysis on developing models of cooperation with partners from third countries on the implementation of the UNESCO Convention on Cultural Diversity and the Audiovisual mMedia sServices (OJ L 298, 17.10.1989, p. 23, Directive1 with respect to the "European works" under Artitcle as amended by Directive 2007/65/EC (OJ L 332, 18.12.2007, p. 27).1n and including the Media International pilot project; Or. de
2008/11/18
Committee: CULT
Amendment 4 #

2008/2099(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses that the size of the digital dividend will vary from one country to another, owing to national circumstances and reflecting national media and audiovisual policies;
2008/05/15
Committee: CULT
Amendment 7 #

2008/2099(INI)

Draft opinion
Paragraph 1 b (new)
1b. Is therefore convinced that it is difficult to harmonise the use of the digital dividend at European level. Any such move should be progressive, voluntary and led by the Member States;
2008/05/15
Committee: CULT
Amendment 14 #

2008/2099(INI)

Draft opinion
Paragraph 2
2. Stresses however that the digital dividend is also an important instrument in audiovisual and media policies, which cshould be used to effectively promote and protect freedom of expression and, media pluralism and cultural and linguistic diversity;
2008/05/15
Committee: CULT
Amendment 18 #

2008/2099(INI)

Draft opinion
Paragraph 2 a (new)
2a. Draws attention to the benefits that the digital dividend can bring to society in terms of more, and more diverse, audiovisual media services, including services offering mobile reception and high definition quality;
2008/05/15
Committee: CULT
Amendment 27 #

2008/2099(INI)

Draft opinion
Paragraph 5
5. Stresses that broadcasters are essential actors in the defence of pluralistic and democratic principles and strongly believes that the opportunities relating tooffered by the digital dividend should enable public and private broadcasters, which could benefit in principle from lower spectrum fees, to provide programmes serving public servicegeneral interest objectives;
2008/05/15
Committee: CULT
Amendment 31 #

2008/2099(INI)

Draft opinion
Paragraph 6
6. Reiterates that in the interest of European citizens the digital dividend should be managed as efficiently and effectively as possible in order to avoid interference with the delivery of high quality digital TV programmes to an increasing number of citizens and to protect those citizens from sudden changeovers to new technologies.respect consumers' rights and interests and their investment in equipment;
2008/05/15
Committee: CULT
Amendment 35 #

2008/2099(INI)

Draft opinion
Paragraph 6 a (new)
6a. Stresses that spectrum policy has to be dynamic and that it should enable broadcasters to use future new technology and develop new audiovisual media services which will enable them to continue to play an important role in helping to ensure cultural diversity and media pluralism, meeting the evolving expectations of the public;
2008/05/15
Committee: CULT
Amendment 1 #

2008/2026(BUD)

Draft opinion
Suggestion 7
7. requests that the Commission reflect on the possibility of creating a specific budget for the implementation of the Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions to which the EU is a party, more specifically, creating a budget in order to contribute to the International Fund for Cultural Diversity, established by Article 18 of the Convention, as the Member States already have.
2008/07/24
Committee: CULT
Amendment 18 #

2008/2011(INI)

Motion for a resolution
Recital H
H. whereas moreover so far none of the relevant legal texts of the European Union addresses the issue of community media,deleted
2008/04/15
Committee: CULT
Amendment 26 #

2008/2011(INI)

Motion for a resolution
Paragraph 2
2. Points out that community media help to strengthen the identities of specific communities of interest, while at the same time enabling members of those communities to engage with other groups in society, and therefore play a keyn important role in fostering tolerance and pluralism in society and contribute to intercultural dialogue;
2008/04/15
Committee: CULT
Amendment 37 #

2008/2011(INI)

Motion for a resolution
Paragraph 11
11. Urges the CommissionRecommends the Member States to collaborate more actively with community media to enter into a closer dialogue with citizens;
2008/04/15
Committee: CULT
Amendment 39 #

2008/2011(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission to define community media as media that are: (a) non-profit, engaging primarily in activities of public or private interest without any commercial or monetary profit; (b) accountable to the community which they seek to serve, which means that they are to inform the community about their actions and decisions, to justify them, and to be penalised in the event of any misconduct; (c) open to participation in the creation of content by members of the community.deleted
2008/04/15
Committee: CULT
Amendment 45 #

2008/2011(INI)

Motion for a resolution
Paragraph 13
13. UrgAdvises Member States to give legal recognition to community media as a distinct group alongside commercial and public media where such recognition is still lacking;
2008/04/15
Committee: CULT
Amendment 56 #

2008/2011(INI)

Motion for a resolution
Paragraph 17
17. Askdvises Member States to includexamine specific provisions for community media activities when defining ‘must carry’ obligations;
2008/04/15
Committee: CULT
Amendment 57 #

2008/2011(INI)

Motion for a resolution
Paragraph 18
18. Asks the Commission to take into account the notion of community media in the ongoing reform of the telecommunication sector’s regulatory framework as well as in the future legislation of the media sector;deleted
2008/04/15
Committee: CULT
Amendment 67 #

2008/2011(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission for a regular dialogue with the sector at European level given the added value of community media for the implementation of the EU’s objectives and to support the sector’s participation in such discussions;deleted
2008/04/15
Committee: CULT
Amendment 11 #

2008/0157(COD)

Proposal for a directive – amending act
Recital 13
(13) Those monies should be reserved solely for the benefit of performers whose performances are fixed in a phonogram and who have transferred their rights to the phonogram producer against a one-off payment. The monies set aside in this manner should be distributed to non- featured performers at least once a year on an individual basis. Member States may requishould ensure that distribution of those monies is entrusted to collecting societies representing performers. When the distribution of those monies is entrusted to collecting societies, nNational rules on non-distributable revenues may be applied.
2008/11/12
Committee: CULT
Amendment 16 #

2008/0157(COD)

Proposal for a directive – amending act
Recital 17 a (new)
(17a) Among the accompanying transitional measures is the mandatory collective exercise of the rights of performers and phonogram producers concerning on-demand services by broadcasters of their radio or television productions of which music from lawfully published phonograms is an integral part. This system of collective rights management complements the remuneration regime for the broadcasting of lawfully published phonograms under Article 8(2) of Directive 2006/115/EC and guarantees that, throughout the full term of protection of lawfully published phonograms, the relevant performers and phonogram producers receive a fair share of the remuneration for the on-demand use of broadcast productions.
2008/11/12
Committee: CULT
Amendment 20 #

2008/0157(COD)

Proposal for a directive – amending act
Article 1 – point 1
Directive 2006/116/EC
Article 3 – paragraph 1
The second sentence of Article 3(1) ishall be replaced by the following: "However, - if a fixation of the performance otherwise than in a phonograph is lawfully published or lawfully communicated to the publicThe rights of performers shall expire 50 years from the date of the performance. However, if a fixation of the performance is lawfully published within this period, these rights shall expire 950 years from the date of the first such publication or the first such communication to the public, whichever is the earlier, - if a fixation of the performance in a phonograph is lawfully published or. If no lawful publication has taken place within this period, and if a fixation of the performance has been lawfully communicated to the public within this period, these rights shall expire 95 years fromafter the date of the first such publication or the first such communication to the public, whichever is the earlierlawful communication to the public. This paragraph shall not have the effect of protecting anew the rights of performers where, through the expiry of the term of protection granted them pursuant to Article 3(1) of Directive 2006/116/EC in its version before amendment by Directive [// insert: Nr. of this amending directive]/EC, they were no longer protected on [insert date before which Member States are to transpose the amending directive, as mentioned in Article 2 below]."
2008/11/12
Committee: CULT
Amendment 21 #

2008/0157(COD)

Proposal for a directive – amending act
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5
5. Member States may regulate whether and to what extent administration by collecting societies ofshall ensure that the right to obtain an annual supplementary remuneration referred to in paragraph 3 may be imposedis administered by the collecting society.
2008/11/12
Committee: CULT
Amendment 22 #

2008/0157(COD)

Proposal for a directive – amending act
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5 a (new)
5a. Collecting societies shall distribute those remunerations on an individual basis and taking into account the use of each performer’s performances.
2008/11/12
Committee: CULT
Amendment 23 #

2008/0157(COD)

Proposal for a directive – amending act
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5 a (new)
5a. With respect to the administration of rights concerning on-demand services by broadcasters of their radio or television productions incorporating music from lawfully published phonograms, Member States shall ensure that the rights of performers and phonogram producers to grant or refuse authorization for such use may be exercised only through the collecting society which has been established for collecting and distributing the remuneration for broadcasting such phonograms.
2008/11/12
Committee: CULT
Amendment 48 #

2008/0157(COD)

Proposal for a directive – amending act
Recital 17 a (new)
(17a) Among the accompanying transitional measures is the mandatory collective exercise of the rights of performers and phonogram producers concerning on-demand services by broadcasters of their radio or television productions of which music from lawfully published phonograms is an integral part. This system of collective rights management complements the remuneration regime for the broadcasting of lawfully published phonograms under Article 8(2) of Directive 2006/115/EC and guarantees that, throughout the full term of protection of lawfully published phonograms, the relevant performers and phonogram producers receive a fair share of the remuneration for the on-demand use of broadcast productions.
2008/12/09
Committee: JURI
Amendment 88 #

2008/0157(COD)

Proposal for a directive – amending act
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5 a (new)
5a. With respect to the administration of rights concerning on-demand services by broadcasters of their radio or television productions incorporating music from lawfully published phonograms, Member States shall ensure that the rights of performers and phonogram producers to grant or refuse authorization for such use may be exercised only through the collecting society which has been established for collecting and distributing the remuneration for broadcasting such phonograms.
2008/12/09
Committee: JURI
Amendment 8 #

2007/2253(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the UNESCO Convention on the protection and promotion of the diversity of cultural expressions attaches considerable importance to, inter alia, the creation of conditions conducive to diversity of the media;
2008/04/15
Committee: CULT
Amendment 25 #

2007/2253(INI)

Motion for a resolution
Recital C
C. whereas experience shows that the unrestricted concentration of ownership might jeopardises pluralism and cultural diversity and whereas in certain markets it is approaching a limit whereby pluralism will no longer be automatically guaranteed by free market competitiona system purely based on free market competition alone is not able to guarantee media pluralism,
2008/04/15
Committee: CULT
Amendment 43 #

2007/2253(INI)

Motion for a resolution
Recital F
F. whereas the primary concern of commercial media businesses may be financial profit, media remains an ideological and political tool of considerable influence, which should not be treated solely on economic terms,
2008/04/15
Committee: CULT
Amendment 52 #

2007/2253(INI)

Motion for a resolution
Recital I
I. whereas EU competence to act on media pluralism is confined to the area of competition law and whereaition law is rather limited in addressing media concentration issues the financial scale of activities directed at vertical and horizontal concentration of media ownership in the most recent Member States of the EU has not reached the limits where EU competition law would apply,
2008/04/15
Committee: CULT
Amendment 107 #

2007/2253(INI)

Motion for a resolution
Recital R
R. whereas in certain markets the public service media is a dominimportant player in terms of both quality and market share,
2008/04/15
Committee: CULT
Amendment 152 #

2007/2253(INI)

Motion for a resolution
Paragraph 2
2. Suggests in this respect the creation of independent media ombudsmen in the Member Statesor comparable institutions in the Member States which do not yet have them;
2008/04/15
Committee: CULT
Amendment 185 #

2007/2253(INI)

Motion for a resolution
Paragraph 7
7. Proposes the introduction of fees commensurate with the commercial value of the user-generated content as well asSuggests that voluntary codes of conduct on ethical codes and terms of usage for user- generated content in commercial publications should be encouraged;
2008/04/15
Committee: CULT
Amendment 207 #

2007/2253(INI)

Motion for a resolution
Paragraph 11
11. Encourages the disclosure of ownership of the media outlets to help to understand the media owners responsible, in so far as this has not already been done in the Member States to help achieve greater transparency regarding the aims and background of the publisher;
2008/04/15
Committee: CULT
Amendment 228 #

2007/2253(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Asks the European Commission to take due account of the UNESCO Convention on cultural diversity and the Council of Europe recommendation on the remit of public service media in the information society, and asks that measures or clarification which eventually will be proposed are measured against its impact on media pluralism;
2008/04/15
Committee: CULT
Amendment 13 #

2007/0248(COD)

Proposal for a directive – amending act
Recital 24
(24) A television broadcast is a linearLegal “must-carry” obligations may be applied, to specified radio and audiovisual media services as defined in thend complementary services supplied by a specified media service provider. Audiovisual Mmedia Sservices Directive of the European Parliament and of the Council of [….] 2007, which is provided by a media service provider for simultaneous viewing of programmes on the basis of a programme schedule; a media service provider may provide a number of audio or audio visual programme schedules (channels). Legal “must-carry” obligations may be applied, but only to specified broadcast channels supplied by a specified mare defined in Article 1(a) of Directive 89/552/EEC of 3 October 1989 of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media sService providers Directive). Member States should provide a clear justification for the “must carry” obligations in their national law so as to ensure that such obligations are transparent, proportionate and properly defined. In that regard, “must carry” rules should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. “Must carry” rules should be periodically reviewed in order to keep them up-to-date with technological and market evolution in order to ensure that they continue to be proportionate to the objectives to be achieved. Given the rapid change in technology and market conditions such a full review would need to be carried out at least every three years and would require a public consultation of all stakeholders. One or more broadcast channelOne or more audiovisual media services may be complemented by services to improve accessibility for users with disabilities, such as a videotext service, subtitling service, an audio description or sign language.
2008/05/16
Committee: CULT
Amendment 16 #

2007/0248(COD)

Proposal for a directive – amending act
Recital 30 a (new)
(30a) When implementing the measures transposing Directive 2002/58/EC, the authorities and courts of the Member States must not only interpret their national law in a manner consistent with this Directive, but also ensure that they do not rely on an interpretation which would infringe other fundamental rights or general principles of Community law, such as the principle of proportionality.
2008/05/16
Committee: CULT
Amendment 18 #

2007/0248(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6 a (new)
6a. The Member States shall ensure that subscribers are clearly notified in the event of repeated breaches of copyright and related rights, in order for them to stop cease their unlawful activity.
2008/05/16
Committee: CULT
Amendment 20 #

2007/0248(COD)

Proposal for a directive – amending act
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1 – subparagraph 1
1. Member States may impose reasonable “must carry” obligations, for the transmission of specified radio and television broadcast channels and accessibilitaudiovisual media services and complementary services, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcastaudiovisual media services to the public where a significant number of end-users of such networks use them as their principal means to receive radio and television broadcastor audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly and specifically defined by each Member State in its national law and shall be proportionate and transparent.
2008/05/16
Committee: CULT
Amendment 23 #

2007/0248(COD)

Proposal for a directive – amending act
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1 – subparagraph 3
Member States shall hereafter review “must -carry” obligations at least every three yearon a regular basis.
2008/05/16
Committee: CULT
Amendment 25 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 16
(16) Radio frequencies are the property of Member States. They should be considered a scarce public resource that has an important public and marketeconomic value. It is in the public interest that spectrum is managed as efficiently and effectively as possible from an social, cultural, economic, social and environmental perspective and that obstacles to its efficient use are gradually withdrawn.
2008/05/16
Committee: CULT
Amendment 27 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 20
(20) Flexibility in spectrum management and access to spectrum should be increased through technology- and service- neutral authorisations to let spectrum users choose the best technologies and services to apply in a frequency bands available to electronic communications services as identified in national frequency allocation tables and in the International Telecommunication Union (ITU) Radio regulations (hereinafter referred to as the ‘principles of technology and service neutrality’). The administrative determination of technologies and services should become the exception and should be clearly justified and subject to regular periodic reviewapply when general interest objectives are at stake.
2008/05/16
Committee: CULT
Amendment 30 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 21
(21) ExcepRestrictions to the principle of technology neutrality should be limiappropriated and justified by the need to avoid harmful interference, for example by imposing emission masks and power levels, or to ensure the protection of public health by limiting public exposure to electromagnetic fields or to ensure proper sharing of spectrum, in particular where its use is only subject to general authorisations, or where strictly necessary to comply with an exception to the principle of service neutralityto comply with a general interest objective in conformity with Community law.
2008/05/16
Committee: CULT
Amendment 39 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 24
(24) As the allocation of spectrum to specific technologies or services is an exception to the principles of technology and service neutrality and reduces the freedom to choose the service provided or technology used, any proposal for such allocation should be transparent and subject to public consultation.deleted
2008/05/16
Committee: CULT
Amendment 42 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 47 a (new)
(47a) Where it is necessary to adopt harmonisation measures for the implementation of the Community’s electronic communications and spectrum policy which go beyond technical implementing measures, the Commission shall submit to the European Parliament and the Council a legislative proposal.
2008/05/16
Committee: CULT
Amendment 49 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 8 - point e
Directive 2002/21/EC
Article 8 – paragraph 4 – point g a (new)
(ga) ensuring that undertakings providing electronic communications services and networks cooperate with the sectors concerned with the protection and promotion of lawful content on electronic communications services and networks.
2008/05/16
Committee: CULT
Amendment 53 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 8 a (new)
Directive 2002/21/EC
Article 8 a (new)
(8a) The following Article 8a is inserted: "Article 8a Coordination of radio spectrum policies in the Community 1. Member States shall cooperate with each other and the Commission in the strategic planning and eventual harmonisation of the use of radio frequencies in the Community. They shall ensure coherence of spectrum policy approaches with other national or EU policies, e.g. media policy. 2. Member States shall ensure the coordination of policy approaches and, where appropriate, harmonised conditions with regard to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market and in accordance with economic, political, cultural, health and social considerations linked to the use of radio spectrum. 3. Member States shall ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies in the Community. 4. Member States shall ensure the effective coordination of Community interests in international organisations where radio spectrum use affects Community policies. 5. A Radio Spectrum Policy Committee (hereinafter "RSPC") is hereby created in order to contribute to the fulfilment of the objectives set out in paragraphs 1 to 4. The RSPC shall provide advice to the European Parliament, the Council and the Commission on radio spectrum policy issues. The RSPC shall be composed of one high-level representative from each national regulatory authority responsible for radio spectrum policy and/or for media regulation in each Member State. The Commission shall be a non-voting Member. 6. At the request of the European Parliament, the Council or the Commission or on its own initiative, the RSPC, acting by a qualified majority, shall adopt opinions. Each Member State shall have one vote and the Commission shall not vote. 7. The Commission, taking the utmost account of the opinion of the RSPC, shall formulate every three years common policy objectives and issue non-binding guidelines for the development of Community spectrum policy. 8. The Commission may, taking the utmost account of the opinion of the RSPC, propose legislative measures to fulfil common policy objectives as defined in paragraph 7. 9. Whenever necessary for ensuring the effective coordination of Community interests in international organisations, the Commission may, with the agreement of the RSPC, propose to the European Parliament and the Council a negotiating mandate. 10. The RSPC shall submit an annual activity report to the European Parliament and to the Council."
2008/05/16
Committee: CULT
Amendment 56 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – point d
(d) comply with a restrithe fulfilment of a general interest objectionve in accordance with paragraph 4 below.
2008/05/16
Committee: CULT
Amendment 58 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1
4. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of electronic communications services may be provided in the radio frequency band open to electronic communicationsavailable to electronic communication services as identified in their national frequency allocation tables and in the International Telecommunication Union (ITU) Regulations.. The Member States may, however, provide for proportionate and non-discriminatory restrictions tomeasures for the types of electronic communications services to be provided. .
2008/05/16
Committee: CULT
Amendment 62 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
RestrictionMeasures that require a service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective defined in national legislation in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of the promotion of cultural and media policy objectives such as cultural and linguistic diversity and media pluralism.
2008/05/16
Committee: CULT
Amendment 66 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
A restrictionmeasure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to avoid harmful interference.
2008/05/16
Committee: CULT
Amendment 68 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5
5. Member States shall be regularly review the necessity of the restrigeneral interest objectionves referred to in paragraphs 3 and 4.
2008/05/16
Committee: CULT
Amendment 77 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 - introductory part
In order to contribute to the development of the internal market and without prejudice to Article 8a of this Directive, for the achievement of the principles of this Article, the Commission may adopt appropriate technical implementing measures to:
2008/05/16
Committee: CULT
Amendment 79 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point -a (new)
(-a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance with Article 9;
2008/05/16
Committee: CULT
Amendment 82 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point -aa (new)
(-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies;
2008/05/16
Committee: CULT
Amendment 84 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be directly transferred or leased between undertakings, excluding radiofrequencies planned by Member States for broadcasting services;
2008/05/16
Committee: CULT
Amendment 86 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point d
(d) create an exception to the principle of services or technology neutrality, as well as to harmonise the scope and nature of any exceptions to these principles in accordance with Article 9(3) and (4) other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralismThese implementing measures are without prejudice to measures taken at Community or national level, in compliance with Community law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy.
2008/05/16
Committee: CULT
Amendment 88 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 2
Thoese 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 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). In the implementation of the provisions of points (a) to (c) of this paragraph, the Commission shallmay be assisted by the Authority in accordance with Article 10 Regulation […/EC]RSPC.
2008/05/16
Committee: CULT
Amendment 126 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 16
(16) Radio frequencies are the property of Member States. They should be considered a scarce public resource, which has an important public and marketeconomic value. It is in the public interest that spectrum is managed as efficiently and effectively as possible from an social, cultural, economic, social and environmental perspective and that obstacles to its efficient use are progressivegradually withdrawn.
2008/05/28
Committee: ITRE
Amendment 134 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 20
(20) Flexibility in spectrum management and access should be increased through technology- and service- neutral authorisations to let spectrum users choose the best technologies and services to apply in a frequency bands available to electronic communication services as identified in national frequency allocation tables and in the ITU Radio regulations (hereinafter referred to as the ‘principles of technology- and service neutrality’). The administrative determination of technologies and services should become the exception and should be clearly justified and subject to regular periodic reviewapply when general interest objectives are at stake.
2008/05/28
Committee: ITRE
Amendment 137 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 21
(21) ExcepRestrictions to the principle of technology neutrality should be limiappropriated and justified by the need to avoid harmful interference, for example by imposing emission masks and power levels, or to ensure the protection of public health by limiting public exposure to electromagnetic fields or to ensure proper sharing of spectrum, in particular where its use is only subject to general authorisations, or where strictly necessary to comply with an exception to the principle of service neutralityto comply with an general interest objective in conformity with Community law.
2008/05/28
Committee: ITRE
Amendment 154 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 24
(24) As the allocation of spectrum to specific technologies or services is an exception to the principles of technology and service neutrality and reduces the freedom to choose the service provided or technology used, any proposal for such allocation should be transparent and subject to public consultation.deleted
2008/05/28
Committee: ITRE
Amendment 183 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 47 a (new)
(47a) Where it is necessary to adopt harmonisation measures for the implementation of the Community’s electronic communications and spectrum policy which go beyond technical implementing measures, the Commission shall submit a legislative proposal to the European Parliament and the Council.
2008/05/28
Committee: ITRE
Amendment 308 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 8 – point e a (new)
Directives 2002/21/EC
Article 8 – paragraph 4 – point ga (new)
(ea) In paragraph 4, point is added: "(ga) ensuring that undertakings providing electronic communications services and networks cooperate with the sectors concerned in relation to the protection and promotion of lawful content on electronic communications services and networks”.
2008/05/30
Committee: ITRE
Amendment 316 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 8 a (new)
Directive 2002/21/EC
Article 8a (new)
(8a) The following Article is inserted: "Article 8a Coordination of radio spectrum polices in the Community 1. Member States shall cooperate with each other and the Commission in the strategic planning and harmonisation of the use of radio frequencies in the Community. They shall ensure coherence of spectrum policy approaches with other national or EU-policies, such as media policy. 2. Member States shall ensure the coordination of policy approaches and, where appropriate, harmonised conditions with regard to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market and in accordance with economic, political, cultural, health and social considerations linked to the use of radio spectrum. 3. Member States shall ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies in the Community. 4. Member States shall ensure the effective coordination of Community interests in international organisations where radio spectrum use affects Community policies. 5. A Radio Spectrum Policy Committee (RSPC) is hereby created in order to contribute to the fulfilment of the objectives set out in paragraphs 1 to 4. The RSPC shall provide advice to the European Parliament, the Council and the Commission on radio spectrum policy issues. The RSPC shall be composed of one high-level representative from each national regulatory authority responsible for radio spectrum policy and one high- level representative from each independent regulatory authority responsible for media regulation in each Member State. The Commission shall be a non-voting Member. 6. At the request of the European Parliament, the Council or the Commission or on its own initiative, the RSPC, acting on a qualified majority, shall adopt opinions. Each Member State shall have one vote and the Commission shall not vote. 7. The Commission, taking utmost account of the opinion of the RSPC, shall formulate every three years common policy objectives and issue non-binding guidelines for the development of Community spectrum policy. 8. The Commission may, taking utmost account of the opinion of the RSPC, propose legislative measures to fulfil common policy objectives as defined in paragraph 7. 9. Whenever necessary for ensuring the effective coordination of Community interests in international organisations, the Commission may, with the agreement of the RSPC, propose to the European Parliament and the Council a negotiation mandate. 10. The RSPC shall submit an annual activity report to the European Parliament and to the Council."
2008/05/30
Committee: ITRE
Amendment 345 #

2007/0247(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point d
(d) comply with a restrifulfil a general interest objectionve in accordance with paragraph 4 below.
2008/06/03
Committee: ITRE
Amendment 349 #

2007/0247(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1
4. Unless provided in the second subparagraph or in the measures pursuant to Article 9c, Member States shall ensure that all types of electronic communication services may be provided in the radio frequency band openavailable to electronic communication services as identified in their national frequency allocation tables and in the ITU Radio Regulations. The Member States may, however, provide for proportionate and non-discriminatory restrictions formeasures relating to the types of electronic communications services to be provided.
2008/06/03
Committee: ITRE
Amendment 359 #

2007/0247(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism or the provision of radio and television broadcasting services.
2008/06/03
Committee: ITRE
Amendment 361 #

2007/0247(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
RestrictionMeasures that require a service to be provided in a specific band shall be justified in order to ensure fulfilment of a general interest objective defined in national legislation in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of the promotion of cultural and media policy objectives such as cultural and linguistic diversity and media pluralism.
2008/06/03
Committee: ITRE
Amendment 366 #

2007/0247(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
A restrictionmeasure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to avoid harmful interference.
2008/06/03
Committee: ITRE
Amendment 367 #

2007/0247(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest objective as defined in national legislation in conformity with Community law, such as the promotion of cultural and linguistic diversity and media pluralism.
2008/06/03
Committee: ITRE
Amendment 370 #

2007/0247(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5
5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. It lies within the competence of the Member States to define the scope and nature of any exception.
2008/06/03
Committee: ITRE
Amendment 371 #

2007/0247(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5
5. Member States shall regularly review the necessity of the restrigeneral interest objectionves referred to in paragraphs 3 and 4.
2008/06/03
Committee: ITRE
Amendment 427 #

2007/0247(COD)

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – introductory wording
In order to contribute to the development of the internal market and without prejudice to Article 8a, for the achievement of the principles of this Article, the Commission may adopttake appropriate technical implementing measures to:
2008/06/03
Committee: ITRE
Amendment 433 #

2007/0247(COD)

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -a (new)
(-a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance Article 9;
2008/06/03
Committee: ITRE
Amendment 439 #

2007/0247(COD)

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -aa (new)
(-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies;
2008/06/03
Committee: ITRE
Amendment 446 #

2007/0247(COD)

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be directly transferred or leased between undertakings, excluding radio frequencies intended by Member States to be used for broadcasting services;
2008/06/03
Committee: ITRE
Amendment 465 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1 – point d
(d) create an exception to the principle of service or technology neutrality, as well as to harmonise the scope and nature of any exceptions to these principles in accordance with Article 9(3) and (4) other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism.deleted
2008/06/04
Committee: ITRE
Amendment 471 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1a (new)
These implementing measures shall be without prejudice to measures taken at Community or national level, in compliance with Community law, to pursue general interest objectives, in particular measures relating to content regulation and audio-visual policy.
2008/06/04
Committee: ITRE
Amendment 22 #

2004/0209(COD)


Recital 6 a (new)
(6a) The likelihood of sickness in companies that require staff to work on Sundays is greater than in companies that do not require staff to work on Sundays. The health of workers depends, among other factors, on their opportunities to reconcile work and family life, to establish and maintain social ties and to pursue their spiritual needs. Sunday, as the traditional weekly rest day, contributes to these objectives more than any other day of the week.
2008/10/22
Committee: EMPL
Amendment 48 #

2004/0209(COD)


Article 1 – point 2 a (new)
Directive 2003/88/EC
Article 5 – paragraph 2 a (new)
(2a) In Article 5, paragraph 2a shall be added: "The minimum rest period referred to in the first paragraph shall in principle include Sunday."
2008/10/22
Committee: EMPL