Activities of Malcolm HARBOUR related to 2007/0248(COD)
Plenary speeches (2)
Electronic communications networks, personal data and the protection of privacy - Electronic communications networks and services - Body of European Regulators for Electronic Communications (BEREC) and the Office - Frequency bands for mobile communications (debate)
Electronic communications networks, personal data and the protection of privacy - Electronic communications networks and services - Body of European Regulators for Electronic Communications (BEREC) and the Office - Frequency bands for mobile communications (debate)
Reports (2)
REPORT Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities for the enforcement of consumer protection laws PDF (432 KB) DOC (663 KB)
REPORT Report on the proposal for a Directive of the European Parliament and of the Council amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on consumer protection cooperation PDF (1 MB) DOC (1 MB)
Amendments (21)
Amendment 63 #
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development. In particular, conditions for the provision of a service should be separated from the actual definitional elements of a publicly available telephone service, i.e. an electronic communications service available to the public for originating and receiving, directly or indirectly via carrier selection or pre-selection or resale, national and/or international calls through a number or numbers in a national or international telephone numbering plan. A service which does not fulfil all these conditions, whether such a service is based on circuit switched or packet switched technology. It is in the nature of such a service that it is bi- directional, enabling both parties to the call to communicate. A service which does not fulfil all these conditions, such as for example a "click-through" application on a customer service website, is not a publicly available telephone service.
Amendment 70 #
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 restricted. It should also be possible to take action under Directive 2002/22/EC in case restrictions are unreasonably imposed. Management of networks in order to address congestion and capacity constraints and to enable new services should not per se be considered an example of an unreasonable restriction, and due account should be taken of the right of network and service operators to diversify their offerings in a competitive market. Since inconsistent remedies will significantly impair the achievement of the internal market, national regulatory authorities should initially set guidelines for operators to overcome any identified problems. The Commission should assess these guidelines as a basis for regulatory intervention to give effect to the guidelines across the Community.
Amendment 86 #
Proposal for a directive – amending act
Recital 21
Recital 21
(21) The countries to which the International Telecommunications Union assigned the international code “3883” have delegated administrative responsibility for the European Telephony Numbering Space (ETNS) to the electronic communications committee (ECC) of the European Conference of Postal and Telecommunications Administrations (CEPT). Technological and market developments show that ETNS represents an opportunity for pan-European services to develop, but that it is currently prevented from realising its potential by overly bureaucratic procedural requirements and a lack of coordination between national administrations. In order to foster the development of ETNS, its administration (which includes assignment, monitoring and development) should be transferred to the European Electronic Communications Market Authority established by Regulation (EC) No…/… of the European Parliament and of the Council of […], hereinafter referred to as “the Authority”. The Authority should ensure coordination with those countries that share “3883” but are not Member States on behalf of the Member States to which “3883” has beDevelopment of the international code “3883” (the European Telephony Numbering Space (ETNS)) is currently hindered by lack of demand, overly bureaucratic procedural requirements and insufficient awareness. In order to foster the development of ETNS, the Commission should delegate responsibility for its management, number assignment and promotion either to [xxx] or, following the example of the implementation of the ".eu" top level domain, to a separate organisation, designated by the Commission on the basis of an open, transparent assigned. (References to the European Electronic Communications Market Authority are replaced bynd non- discriminatory selection procedure, and with operating rules which form part of Community law. Or. en [xxx] throughout, without further specific AMs.)
Amendment 97 #
Proposal for a directive – amending act
Recital 25 a (new)
Recital 25 a (new)
Amendment 108 #
Recital 22 a (new)
(22a) Traffic management policies should be defined for the purposes of disclosure under this Directive. The practices embodied in them are fully subject to competition scrutiny.
Amendment 112 #
Recital 24
(24) The availability of transparent, up-to- date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services. End-users and consumers of electronic communications services should be able to easily compare the prices of various services offered on the market based on information published in an easily accessible form. In order to allow them to make price comparisons easily, national regulatory authorities should be able to require from undertakings providing electronic communications networks and/or services greater transparency as regards information (including tariffs, consumption patterns and other relevant statistics) and to ensure that third parties have the right to use, without charge, publicly available information published by such undertakings. National regulatory authorities should also be able to make price guides available, in particular where the market has not provided them free of charge or at a reasonable price. Undertakings should not be entitled to any remuneration for the use of information where it has already been published and thus belongs in the public domain. In addition, end-users and consumers should be adequately informed of the price and the type of service offered before they purchase a service, in particular if a freephone number is subject to additional charges. National regulatory authorities should be able to require that such information is provided generally, and, for certain categories of services determined by them, immediately prior to connecting the call, unless otherwise provided for by national law. When determining the categories of call requiring pricing information prior to connection, national regulatory authorities should take due account of the nature of the service, the pricing conditions which apply to it and whether it is offered by a provider who is not a provider of electronic communications services. Without prejudice to Directive 2000/31/EC (Directive on electronic commerce), undertakings should also, if required by Member States, provide subscribers with public interest information produced by the relevant public authorities regarding, inter alia, the most common infringements and their legal consequences. Dissemination of such information should however not create an excessive burden on undertakings and should therefore be subject to agreement on reimbursement of significant additional costs by the public authorities in the event that those authorities require recourse to means of communications other than those used by the undertakings in their ordinary course of business for their communications with subscribers.
Amendment 124 #
Article 1 – point 2 – point (c)
Directive 2002/22/EC
Article 2 – point (e)
Article 2 – point (e)
point (e) shall be deletedreplaced by the following: ‘(e) “traffic management policies” means the procedures put in place by the provider of a public electronic communications service or network 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 might result in network congestion and poor performance.’;
Amendment 127 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2002/22/EC
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shallmay take specific measures, in the light of national conditionshown through an assessment by the national regulatory authorities to be needed in the light of national conditions and specific disability requirements, to ensure that disabled end- users can also take advantage of the choice of undertakings and service providers available to the majority of end-users, and to promote the availability of appropriate terminal equipment. They shall ensure that in any event the needs of specific groups of disabled users are met by at least one undertaking.
Amendment 128 #
Article 1 – point 13
Directive 2002/22/EC
Article 20 – paragraph 1 – point (b)
Article 20 – paragraph 1 – point (b)
(b) the services provided, including in particular, – information on the provider’s traffic management policies, - whether or not access to emergency services and caller location information is being provided and/or any limitations for provision of emergency services under Article 26, - information on any other limitations regarding access to and/or use of services and applications, where allowed under national law, - the minimum service quality levels offered, namely the time for the initial connection and, where appropriate, other quality of service parameters, as defined by the national regulatory authorities, - information on any traffic management policies and on how these may impact on service quality, - the types of maintenance service offered and customer support services provided, as well as the means of contacting these services, - any restrictions imposed by the provider on the use of terminal equipment supplied;
Amendment 130 #
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; (b) inform subscribers of any change to the provider’s traffic management policies(aa) regularly remind subscribers of any lack of reliable access to emergency services or caller location information in the service they have subscribed to; (b) inform subscribers of any change to limitations regarding access to and/or use of services and applications, where allowed under national law; (ba) provide information on any traffic management policies and on how these may impact on service quality; (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 134 #
Article 1 – point 13
Directive 2002/22/EC
Article 21 – paragraph 4 – introductory wording
Article 21 – paragraph 4 – introductory wording
4. Member States may require that undertakings referred to in paragraph 3 distribute public interest information free of charge to existing and new subscribers, where appropriate, through the same means as those ordinarily used by the undertakings for their communications with subscribers and free of charge. In such a case, that information shall be provided by the relevant public authorities in a standardised format and shall, inter alia, cover the following topics:
Amendment 149 #
Article 2 – point 4 – point b
Directive 2002/58/EC
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure thatSubject to any technical implementing measures adopted under paragraph 4, the competent national authority is able to set detailed rulies may adopt guidelines and, where necessary, issue instructions concerning the circumstances in which notification by providers of personal data breaches by providers of a publicly available electronic communications service is necessary, the format applicable to such notification and the manner in which the notification is to be madis required and the format of and procedures for such notification. They shall also monitor whether providers have complied with their notification obligations under this paragraph and impose appropriate sanctions in the event of a failure to do so. Providers shall maintain an inventory of personal data breaches, comprising the facts surrounding such breaches, their effects and the remedial action taken, sufficient for the purpose of enabling the competent national authorities to verify compliance with the provisions of paragraph 3. The inventory shall only include the information necessary for this purpose.
Amendment 149 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 2 – subparagraph 1 a (new)
Article 20 – paragraph 2 – subparagraph 1 a (new)
The contract shall also include any information provided by the relevant public authorities on the legally impermissible uses of electronic communications networks and the means of protection against risks to personal security, privacy and personal data referred to in Article 21(4a) and relevant to the service provided.
Amendment 151 #
Article 2 – point 7 a (new)
Directive 2002/58/EC
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
(7a) in Article 15, the following paragraph shall be inserted: ‘1b. Providers shall establish internal procedures for responding to requests for access to users’ personal data based on national provisions adopted pursuant to paragraph 1. They shall provide the competent national authority, on demand, with information on those procedures, the number of requests received, the legal justification invoked and the response by the provider.’
Amendment 152 #
Annex I – Part A – point e b (new)
(eb) Best advice i.e. the facility whereby an undertaking at least once a year clearly communicates to subscribers who have requested the facility and consented to the undertaking retaining the data necessary to provide it, alternative lower-cost tariffs, if available, on the basis of usage patterns for the previous twelve months.
Amendment 191 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. Member States shall ensure that national regulatory authorities oblige the undertakings referred to in paragraph 4 to distribute public interest information to existing and new subscribers. Such information shall be produced by the relevant public authorities in a standardised format and may inter alia cover the following topics: (a) legally impermissible usage of electronic communications services, including infringement of copyright and related rights; (b) the most common legally impermissible uses of electronic communications services, including copyright infringement, and their consequences; and (c) means of protection against risks to personal security, privacy and personal data in using electronic communications services. Any additional costs incurred by an undertaking in complying with these obligations shall be reimbursed by the national regulatory authority.
Amendment 196 #
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. In order to prevent anti-competitive blocking, degradation of service and slowing of traffic over networks, the Commission may, having consulted the Authority, adopt teand to ensure that the ability of users to access or distribute lawful content or to run lawful applications and services of their chnoical implementing measures concerning minimum quality of service requirements to be set by the national regulatory authority on undertakings providing public communications networke is not unreasonably restricted, national regulatory authorities may issue guidelines setting minimum quality of service requirements. National regulatory authorities may consider a restriction to be unreasonable if it is based on source, destination, content, or type of application, and if it cannot be rendered ineffective by transparency requirements imposed pursuant to Article 21(4)(c) and competition law remedies. The Commission may, having examined such guidelines and consulted [xxx], adopt technical implementing measures concerning minimum quality of service requirements. 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).
Amendment 225 #
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Those Member States to which the ITU assigned the international code "3883" shall entrust the Authority with sole responsibility for managementan organisation established by Community law and designated by the Commission on the basis of an open, transparent and non-discriminatory selection procedure, or [xxx], with sole responsibility for management, including number assignment, and promotion of the European Telephony Numbering Space.
Amendment 256 #
Proposal for a directive – amending act
Article 1 – point 19 a (new)
Article 1 – point 19 a (new)
Directive 2002/22/EC
Article 31 a (new)
Article 31 a (new)
Amendment 262 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2002/22/EC
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Member States shall ensure that independent bodies provide transparent, simple and inexpensive out-of- court procedures are available for dealing with unresolved disputes between consumers and undertakings providing electronic communications networks and/or services, relating to the contractual conditions and/or performance of contracts concerning supply of such networks or services. Member States shall adopt measures to ensure that such procedures enable disputes to be settled fairly and promptly andSuch procedures shall enable disputes to be settled fairly and promptly and shall take account of the requirements of Commission Recommendation 98/257/EC of 30 March 1998 on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes1. Member States may, where warranted, adopt a system of reimbursement and/or compensation. Member States may extend these obligations to cover disputes involving other end-users. 1 OJ L 115, 17.4.1998, p. 31.
Amendment 282 #
Proposal for a directive – amending act
Annex VI – point 1
Annex VI – point 1
Directive 2002/22/EC
Annex VI – point 1
Annex VI – point 1
1. Common scrambling algorithm and free-to-air reception All consumer equipment intended for the reception of conventional digital television signals (i.e. broadcasting via terrestrial, cable or satellite transmission which is primarily intended for fixed reception, such as DVB-T, DVB-C or DVB-S), for sale or rent or otherwise made available in the Community, capable of descrambling digital television signals, is to possess the capability to: - allow the descrambling of such signals according to a common European scrambling algorithm as administered by a recognised European standards organisation, currently ETSI; - display signals that have been transmitted in the clear provided that, in the event that such equipment is rented, the rentee is in compliance with the relevant rental agreement.