21 Amendments of Cornelia ERNST related to 2013/0309(COD)
Amendment 28 #
Proposal for a regulation
Recital 46
Recital 46
Amendment 35 #
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances.
Amendment 40 #
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services.
Amendment 47 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Regulation is without prejudice to Directive 95/46/EC and other existing Union legislation on data protection.
Amendment 56 #
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characterioperated within closed electronic communications networks using the Internet Protocol with stricst are controlled from end-to-end or provides the capability to send or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute for internet access servicedmission control that is not marketed or used as a substitute for internet access service; and that is not functionally identical to services available over the public internet;
Amendment 62 #
Proposal for a regulation
Article 19
Article 19
Amendment 71 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be freehave the right to access and distribute information and content, run applications, connect hardware and use services and software of their choice via their internet access service.
Amendment 76 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 82 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be freehave the right to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of service.
Amendment 87 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free tomay enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the generalthe quality of internet access services.
Amendment 90 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 96 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Amendment 100 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
Article 23 – paragraph 5 – subparagraph 1 – point a
a) implement a legislative provision or a court order, or prevent or impede serious crimes;
Amendment 103 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point b
Article 23 – paragraph 5 – subparagraph 1 – point b
b) preserve the integrity and security of the European electronic communications provider's network, services provided via this network, and the end-users' terminals;
Amendment 105 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
Article 23 – paragraph 5 – subparagraph 1 – point c
c) prevent the transmission of unsolicited communications for direct marketing purposes to end-users who have given their prior consent to such restrictive measures;
Amendment 109 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
Article 23 – paragraph 5 – subparagraph 1 – point d
d) minimistigate the effects of temporary orand exceptional network congestion provided that equivalent types of traffic are treated equally.
Amendment 114 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
Reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph. Processing of the content part of the communication during transmission for these purposes is not permitted. In no case, sensitive data as defined in Article 8 paragraph 1 of Directive 95/46/EC shall be processed.
Amendment 116 #
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. Providers of electronic communications to the public do not make the prices for internet access services subject to the internet content, applications and services used or offered through the Internet access service.
Amendment 121 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5) and Article 2 (15), and the continued availability of non- discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitor the effects of specialised services on cultural diversity and innovation. National regulatory authorities shall report on an annual basis to the public, the Commission and BEREC on their monitoring and findings.
Amendment 126 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Commission may adopt, after consultations with BEREC and other stakeholders, implementing acts defining uniform conditions for the implementation of the obligations of national competent authorities under this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33 (2).
Amendment 128 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. End-users shall have access to independent evaluation tools allowing them to compare the performance of electronic communications network access and services and the cost of alternative usage patterns. To this end Member States shall establish a voluntary certification scheme for interactive websites, guides or similar tools. Certification shall be granted on the basis of objective, transparent and proportionate requirements, in particular independence from any provider of electronic communications to the public, the use of plain language and free and/or open source software and open methodologies, the provision of complete and up-to-date information, and the operation of an effective complaints handling procedure. Where certified comparison facilities are not available on the market free of charge or at a reasonable price, national regulatory authorities or other competent national authorities shall make such facilities available themselves or through third parties in compliance with the certification requirements. The information published by providers of electronic communications to the public shall be accessible, provided in open data formats, free of charge, for the purposes of making available comparison facilities.