[ParlTrack]

Proposal for a regulation
Recital 56

(56) Contracts are an important means of giving end-users a high level of transparency of information and legal certainty. Providers of electronic communications to the public should give end-users clear and comprehensible information on all essential elements of the contract before the end-user is bound by the contract. The information should be mandatory and not be altered except by subsequent agreement of the end-user and the provider. The Commission and several national regulatory authorities recently found considerable discrepancies between the advertised speed of internet access services and the speed actually available to end-users. Providers of electronic communications to the public should therefore inform end-users, prior to the conclusion of the contract, of the estimated speed and other quality of service parameters ~~which they can realistically deliver~~ at the end- user's main location.

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Recital 58

(58) In order to avoid bill shocks, for all post-paid contracts and pre-paid contracts with automatic top-up concluded following the transposition of the changes to Directive 2002/22EC end- users should be able to define maximum financial limits for the charges related to their usage of calls and internet access services. This facility should be available free of charge, with an appropriate notification that can be consulted again subsequently, when the limit is being approached. Upon reaching the maximum limit, end-users should no longer receive or be charged for those services unless they specifically request the continued provision as agreed with the provider.

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Recital 59

(59) Experience from Member States and from a recent study commissioned by the Executive Agency for Consumers and Health has shown that long contract periods and automatic or tacit extensions of contracts constitute significant obstacles to changing a provider. It is thus desirable that end-users should be able to terminate, without incurring any costs, a contract ~~six~~ 12 months after its conclusion. In such a case, end-users may be requested to compensate their providers for the residual value of subsidised terminal equipment or for the pro rata temporis value of any other promotions. Contracts which have been tacitly extended should be subject to termination with a one-month notice period.

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Recital 61

(61) Bundles comprising electronic communications and other services such as linear broadcasting have become increasingly widespread and are an important element of competition. Where divergent contractual rules on contract termination and switching apply to the different services composing such bundles, end-users are effectively prevented from switching to competitive offers for the entire bundle or parts of it. The provisions of this Regulation regarding contract termination and switching should, therefore, apply to all elements of such a bundle.deleted

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 1 – paragraph 3 – point e

~~(e) the harmonisation of rules related to rights of end-users and the promotion of effective competition in retail markets, thereby creating a European consumer space for electronic communications;~~deleted

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 2 – paragraph 2 – point 14

(14) ‘'internet access service’' means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet, irrespective of the network technology or devices used;

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 2 – paragraph 2 – point 15

(15) ‘specialised service’ means an electronic communications service or any other service ~~that provides the capability to~~using the Internet Protocol that provides to a determined number of parties optimised access to specific content, applications or services, or a combination thereof, and ~~whos~~the technical characteristics of which are controlled ~~from end-to-end or provides the capability~~using traffic management in order to sen~~d or receive data to or from a determined number of parties or endpoint~~sure adequate service characteristics; and that is not marketed or widely used as a substitute for internet access service;

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 21 – paragraph 3

3. Providers of electronic communications to the public shall not apply tariffs for intra-Union communications terminating in another Member State which are higher, unless objectively justified: (a) as regards fixed communications, than tariffs for domestic long-distance communications; (b) as regards mobile communications, than the euro-tariffs for regulated voice and SMS roaming communications, respectively, established in Regulation (EC) No 531/2012.deleted

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1

End-users shall be free, using devices of their choice, to access and distribute information and content, run applications and use services of their choice, irrespective of their origin or destination, via their internet access service.

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2

End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services.deleted

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1

~~End-users shall also be free to agree with either p~~Providers of electronic communications to the public ~~or with~~and providers of content, applications and services ~~on the provision of~~shall be free to provide to end-users specialised services with an enhanced quality of service, the provision of which shall not impair in a recurring or continuous manner the general quality of internet access services. National regulatory authorities shall ensure that end-users are free to access these specialised services.

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
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 to 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 general quality of internet access services.deleted

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN, Morten LØKKEGAARD

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part

Within the limits of any contractually agreed data volumes ~~or speed~~, speeds or general quality characteristics for internet access services, providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by ~~blocking, slowing down, degrading or~~ discriminating against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and necessary, in particular, to:

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a

(a) implement a legislative provision or a court order~~, or prevent or impede serious crimes~~;

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c

(c) prevent the transmission of unsolicited communications to end-users ~~who have given their prior consent to such restrictive measures~~;

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d

(d) prevent network congestion and minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally.

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
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 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 Commission and BEREC on their monitoring ~~and~~, findings and measures taken.

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 25

Transparency and publication of 1. Providers of electronic communications to the public shall, save for offers which are individually negotiated, publish transparent, comparable, adequate and up-to-date information on: (a) their name, address and contact information; (b) for each tariff plan the services offered and the relevant quality of service parameters, the applicable prices (for consumers including taxes) and any applicable charges (access, usage, maintenance and any additional charges), as well as costs with respect to terminal equipment; (c) applicable tariffs regarding any number or service subject to particular pricing conditions; (d) the quality of their services, in accordance with implementing acts provided for in paragraph 2; (e) internet access services, where offered, specifying the following: (i) actually available data speed for download and upload in the end-user's Member State of residence, including at peak-hours; (ii) the level of applicable data volume limitations, if any; the prices for increasing the available data volume on an ad hoc or lasting basis; the data speed, and its cost, available after full consumption of the applicable data volume, if limited; and the means for end- users to monitor at any moment the current level of their consumption; (iii) a clear and comprehensible explanation as to how any data volume limitation, the actually available speed and other quality parameters, and the simultaneous use of specialised services with an enhanced quality of service, may practically impact the use of content, applications and services; (iv) information on any procedures put in place by the provider to measure and shape traffic so as to avoid congestion of a network, and on how those procedures could affect service quality and the protection of personal data; (f) measures taken to ensure equivalence in access for disabled end-users, including regularly updated information on details of products and services designed for them; (g) their standard contract terms and conditions, including any minimum contractual period, the conditions for and any charges due on early termination of a contract, the procedures and direct charges related to switching and portability of numbers and other identifiers, and compensation arrangements for delay or abuse of switching; (h) access to emergency services and caller location information for all services offered, any limitations on the provision of emergency services under Article 26 of Directive 2002/22/EC, and any changes thereto; (i) rights as regards universal service, including, where appropriate, the facilities and services mentioned in Annex I to Directive 2002/22/EC. The information shall be published in a clear, comprehensive and easily accessible form in the official language(s) of the Member State where the service is offered, and be updated regularly. The information shall, on request, be supplied to the relevant national regulatory authorities in advance of its publication. Any differentiation in the conditions applied to consumers and other end-users shall be made explicit. 2. The Commission may adopt implementing acts specifying the methods for measuring the speed of internet access services, the quality of service parameters and the methods for measuring them, and the content, form and manner of the information to be published, including possible quality certification mechanisms. The Commission may take into account the parameters, definitions and measurement methods set out in Annex III of the Directive 2002/22/EC .Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2). 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, 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, free of charge, for the purposes of making available comparison facilities. 4. Upon request of the relevant public authorities, providers of electronic communications to the public shall distribute public interest information free of charge to end-users, where appropriate, by the same means as those ordinarily used by them in their communications with end-users. In such a case, that information shall be provided by the relevant public authorities to the providers of electronic communications to the public in a standardised format and may, inter alia, cover the following topics: (a) the most common uses of electronic communications services to engage in unlawful activities or to disseminate harmful content, particularly where it may prejudice respect for the rights and freedoms of others, including infringements of data protection rights, copyright and related rights, and their legal consequences; and (b) the means of protection against risks to personal security and unlawful access to personal data when using electronic communications services.Article 25 deleted information

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 26

Information requirements for contracts 1. Before a contract on the provision of connection to a public electronic communications network or publicly available electronic communications services becomes binding providers of electronic communications to the public shall provide consumers, and other end- users unless they have explicitly agreed otherwise, at least the following information: (a) the identity, address and contact information of the provider and, if different, the address and contact information for any complaints; (b) the main characteristics of the services provided, including in particular: (i) for each tariff plan the types of services offered, the included volumes of communications and all relevant quality of service parameters, including the time for the initial connection; (ii) whether and in which Member States access to emergency services and caller location information is being provided and any limitations on the provision of emergency services in accordance with Article 26 of Directive 2002/22/EC; (iii) the types of after–sales services, maintenance services and customer support services provided, the conditions and charges for these services, and the means of contacting these services; (iv) any restrictions imposed by the provider on the use of terminal equipment supplied, including information on unlocking the terminal equipment and any charges involved if the contract is terminated before the end of the minimum contract period; (c) details of prices and tariffs (for consumers including taxes and possibly due additional charges) and the means by which up-to-date information on all applicable tariffs and charges are made available; (d) payment methods offered and any cost differences due to the payment method, and available facilities to safeguard bill transparency and monitor the level of consumption ; (e) the duration of the contract and the conditions for renewal and termination, including: (i) any minimum usage or duration required to benefit from promotional terms; (ii) any charges related to switching and portability of numbers and other identifiers, including compensation arrangements for delay or abuse of switching; (iii) any charges due on early termination of the contract, including any cost recovery with respect to terminal equipment (on the basis of customary depreciation methods) and other promotional advantages (on a pro rata temporis basis); (f) any compensation and refund arrangements, including an explicit reference to statutory rights of the end- user, which apply if contracted service quality levels are not met; (g) where an obligation exists in accordance with Article 25 of Directive 2002/22/EC, the end-users' options as to whether or not to include their personal data in a directory, and the data concerned; (h) for disabled end-users, details of products and services designed for them; (i) the means of initiating procedures for the settlement of disputes, including cross-border disputes, in accordance with Article 34 of Directive 2002/22/EC and Article 22 of this Regulation; (j) the type of action that might be taken by the provider in reaction to security or integrity incidents or threats and vulnerabilities. 2. In addition to paragraph 1, providers of electronic communications to the public shall provide end-users, unless otherwise agreed by an end-user who is not a consumer, at least the following information with respect to their internet access services: (a) the level of applicable data volume limitations, if any; the prices for increasing the available data volume on an ad hoc or lasting basis; the data speed, and its cost, available after full consumption of the applicable data volume, if limited; and how end-users can at any moment monitor the current level of their consumption; (b) the actually available data speed for download and upload at the main location of the end-user, including actual speed ranges, speed averages and peak-hour speed, including the potential impact of allowing access to third parties through a radio local area network ; (c) other quality of service parameters;; (d) information on any procedures put in place by the provider to measure and shape traffic so as to avoid congestion of a network, and information on how those procedures could impact on service quality and protection of personal data; (e) a clear and comprehensible explanation as to how any volume limitation, the actually available speed and other quality of service parameters, and the simultaneous use of specialised services with an enhanced quality of service, may practically impact the use of content, applications and services. 3. The information referred to in paragraphs 1 and 2 shall be provided in a clear, comprehensive and easily accessible manner and in an official language of the end-user's Member State of residence, and shall be updated regularly. It shall form an integral part of the contract and shall not be altered unless the contracting parties expressly agree otherwise. The end-user shall receive a copy of the contract in writing. 4. The Commission may adopt implementing acts specifying the details of the information requirements listed in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2). 5. The contract shall also include, upon request by the relevant public authorities, any information provided by these authorities for this purpose on the use of electronic communications networks and services to engage in unlawful activities or to disseminate harmful content, and on the means of protection against risks to personal security and unlawful processing of personal data, referred to in Article 25(4) and relevant to the service provided.Article 26 deleted

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 27

1. Providers of electronic communications to the public shall offer end-users the opportunity to opt, free of charge, for a facility which provides information on the accumulated consumption of different electronic communications services expressed in the currency in which the end-user is billed. Such a facility shall guarantee that, without the end-user's consent, the accumulated expenditure over a specified period of use does not exceed a specified financial limit set by the end-user. 2. Providers of electronic communications to the public shall ensure that an appropriate notification is sent to the end- user when the consumption of services has reached 80% of the financial limit set in accordance with paragraph 1. The notification shall indicate the procedure to be followed to continue the provision of those services, including their cost. The provider shall cease to provide the specified services and to charge the end- user for it if the financial limit would otherwise be exceeded, unless and until the end-user requests the continued or renewed provision of those services. After having reached the financial limit end- users shall continue to be able to receive calls and SMS messages and access free- phone numbers and emergency services by dialling the European emergency number 112 free of charge until the end of the agreed billing period. 3. Providers of electronic communications to the public shall, immediately prior to connecting the call, enable end-users to access easily and without incurring any costs information on applicable tariffs regarding any number or service subject to particular pricing conditions unless the national regulatory authority has granted a prior derogation for reasons of proportionality. Any such information shall be provided in a comparable fashion for all such numbers or services. 4. Providers of electronic communications to the public shall offer end-users the opportunity to opt, free of charge for receiving itemised bills.Article 27 deleted Control of consumption

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 28

1. Contracts concluded between consumers and providers of electronic communications to the public shall not provide for a minimum duration that exceeds 24 months. Providers of electronic communications to the public shall offer end-users the possibility to conclude a contract with a maximum duration of 12 months. 2. Consumers, and other end-users unless they have otherwise agreed, shall have the right to terminate a contract with a one- month notice period, where six months or more have elapsed since conclusion of the contract. No compensation shall be due other than for the residual value of subsidised equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such at the moment of the contract conclusion. Any restriction on the usage of terminal equipment on other networks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation. 3. Where the contracts or national law provide for contract periods to be extended tacitly, the provider of electronic communications to the public shall inform the end-user in due time so that the end-user has at least one month to oppose a tacit extension. If the end-user does not oppose, the contract shall be deemed to be a permanent contract which can be terminated by the end-user at any time with a one-month notice period and without incurring any costs. 4. End-users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of electronic communications to the public unless the proposed changes are exclusively to the benefit of the end- user. Providers shall give end-users adequate notice, not shorter than one month, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Paragraph 2 shall apply mutatis mutandis. 5. Any significant and non-temporary discrepancy between the actual performance regarding speed or other quality parameters and the performance indicated by the provider of electronic communications to the public in accordance with Article 26 shall be considered as non-conformity of performance for the purpose of determining the end-user's remedies in accordance with national law. 6. A subscription to additional services provided by the same provider of electronic communications to the public shall not re-start the initial contract period unless the price of the additional service(s) significantly exceeds that of the initial services or the additional services are offered at a special promotional price linked to the renewal of the existing contract. 7. Providers of electronic communications to the public shall apply conditions and procedures for contract termination which do not raise obstacles to or disincentives against changing service provider.Article 28 deleted Contract termination

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 29

If a bundle of services offered to consumers comprises at least a connection to an electronic communications network or one electronic communications service, Articles 28 and 30 of this Regulation shall apply to all elements of the bundle.Article 29 deleted Bundled offers

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 30

Switching and portability of numbers 1. All end-users with numbers from a national telephone numbering plan who so request shall have the right to retain their number(s) independently of the provider of electronic communications to the public providing the service in accordance with Part C of Annex I to Directive 2002/22/EC, provided the provider is an electronic communications provider in the Member State to which the national numbering plan relates or is a European electronic communications provider which has notified to the competent regulatory authority of the home Member State the fact that it provides or intends to provide such services in the Member State to which the national numbering plan relates. 2. Pricing between providers of electronic communications to the public related to the provision of number portability shall be cost-oriented, and direct charges to end-users, if any, shall not act as a disincentive for end-users against changing provider. 3. Porting of numbers and their activation shall be carried out within the shortest possible time. For end-users who have concluded an agreement to port a number to a new provider that number shall be activated within one working day from the conclusion of such agreement. Loss of service during the process of porting, if any, shall not exceed one working day. 4. The receiving provider of electronic communications to the public shall lead the switching and porting process. End- users shall receive adequate information on switching before and during the switching process, and also immediately after it is concluded. End-users shall not be switched to another provider against their will. 5. The end-users’ contracts with transferring providers of electronic communications to the public shall be terminated automatically after conclusion of the switch. Transferring providers of electronic communications to the public shall refund any remaining credit to the consumers using pre-paid services. 6. Providers of electronic communications to the public which delay or abuse switching, including by not making available information necessary for porting in a timely manner, shall be obliged to compensate end-users who are exposed to such delay or abuse. 7. In the event that an end-user switching to a new provider of internet access services has an email address provided by the transferring provider, the latter shall, upon request by the end-user, forward to any email address indicated by the end- user, free of charge, all email communications addressed to the end- user’s previous email address for a period of 12 months. This email forwarding service shall include an automatic response message to all email senders alerting them about the end-user's new email address. The end-user shall have the option of requesting that the new email address should not be disclosed in the automatic response message. Following the initial 12-month period, the transferring provider of electronic communications to the public shall give the end-user an option to extend the period for email forwarding, at a charge if required. The transferring provider of electronic communications to the public shall not allocate the end-users’ initial email address to another end-user before a period of two years following contract termination, and in any case during the period for which the email forwarding has been extended. 8. The competent national authorities may establish the global processes of switching and porting, including provision of appropriate sanctions on providers and compensations for end-users. They shall take into account necessary end-user protection throughout the switching process and the need to ensure efficiency of such process.Article 30 deleted

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 36 – paragraph 1 – point 1 b (new)

Directive 2002/22/EC
Article 20 – paragraph -1 a (new)

(1b) In Article 20, the following paragraph is inserted: “-1a. Member States shall ensure that the information referred to in paragraph 1 is provided in a clear, comprehensive and easily accessible manner and without prejudice to the requirements of the Consumer Rights Directive* regarding off-premises/ distance contracts. The consumer and other end-user so requesting shall receive a copy of the contract on a durable medium.” ___________________ * Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).”

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN, Morten LØKKEGAARD

Proposal for a regulation
Article 36 – paragraph 1 – point 1 d (new)

Directive 2002/22/EC
Article 20 – paragraph 1 a (new)

(1d) In Article 20, the following paragraph is inserted: “1a. In addition to the information referred to in paragraph 1, if the contract includes the provision of internet access and data services, that contract shall also include the following information: (a) details of unit data pricing plans, pricing plans for bulk data and any applicable thresholds. For data volumes above thresholds, unit or bulk pricing on an ad hoc or lasting basis and any data speed limitations that may be applied; (b) how end-users can monitor the current level of their consumption, and whether and how any voluntary limits can be set; (c) for fixed data links, the estimated available download and upload data speeds at the location of the end-user; (d) for mobile data, the estimated download and upload speeds and speed ranges that can be expected from normal wireless network coverage in the networks subject to the contracts; (e) other quality of service parameters, as defined in Article 24 (2) of Regulation (XXX)*; (f) information on any procedures put in place by the provider to measure and shape traffic including an indication of the underlying communication inspection methods used for reasonable traffic management measures and information on how those procedures could impact on service quality, end-users' privacy and the protection of personal data; and (g) a clear and comprehensible explanation as to how any volume limitation, the available speed ranges and other quality of service parameters, and the simultaneous use of specialised services, may in practice have an impact on the use of content, applications and services. _________________ * Regulation (EU) No XXX/20XX of the European Parliament and of the Commission of ...... laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211:2009 and (EU) No 531/2012 (OJ L XXX, XX.XX.20XX, p. X).”

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 36 – paragraph – point 1 f (new)

Directive 2002/22/EC
Article 20 – paragraph 2 a (new)

(1f) In Article 20, the following paragraph is added: “2a. BEREC shall issue guidelines for the establishment of standard contract templates containing the information required by paragraphs 1 and 1a of this Article. All BEREC guidelines for the measurement methods and publication formats of estimated data delivery speeds, as set out in Article 21(3a), shall apply to the contractual information required by paragraph 1a of this Article.”

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Recital 74

(74) The Digital Agenda for Europe and Regulation No 531/2012 establish the policy objective that the difference between roaming and domestic tariffs should approach zero. In practical terms, this requires that consumers falling into any of the broad observable categories of domestic consumption, identified by reference to a party's various domestic retail packages, should be in a position to confidently replicate the typical domestic consumption pattern associated with their respective domestic retail packages while periodically travelling within the Union, without additional costs to those incurred in a domestic setting. Such broad categories may be identified from current commercial practice by reference, for example, to the differentiation in domestic retail packages between pre-paid and post- paid customers; GSM-only packages (i.e. voice, SMS); packages adapted for different volumes of consumption; packages for business and consumer use respectively; retail packages with prices per unit consumed and those which provide ‘buckets’ of units (e.g. voice minutes, megabytes of data) for a standard fee, irrespective of actual consumption. The diversity of retail tariff plans and packages available to customers in domestic mobile markets across the Union accommodates varying user demands associated with a competitive market. That flexibility in domestic markets should also be reflected in the intra-Union roaming environment, while bearing in mind that the need of roaming providers for wholesale inputs from independent network operators in different Member States may still justify the imposition of limits by reference to reasonable use if domestic tariffs are applied to such roaming consumption. In particular, usage going beyond normal roaming consumption and arbitrage effects should be prevented as otherwise competitive domestic markets and incentives for infrastructure investment could be negatively impacted.

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 36 – paragraph 1 – point 1 g (new)

Directive 2002/22/EC
Article 20 a (new)

(1g) The following Article 20a is inserted: "Article 20a Contract duration and termination 1. Member States shall ensure that the maximum duration of contracts concluded between consumers and providers of electronic communications to the public is 24 months. Providers of electronic communications to the public shall offer consumers the possibility of 12 month contracts. 2. Where a contract or national law provides for contract periods to be extended tacitly, the provider of electronic communications to the public shall inform the consumers, and any other end- users so requesting, in due time so that the consumer, and other end-user so requesting, has at least one month to oppose such tacit extension. If the consumer, and any other end-user so requesting, does not oppose such tacit extension, the contract shall be deemed to be a permanent rolling contract which can be terminated by the consumer, and by any other end-user so requesting, at any time with a one-month notice period and without incurring any costs. 3. Member States shall ensure that consumers and other end-users so requesting, have the right to terminate their contract without incurring any costs upon receiving notice of changes not to their advantage in the contractual conditions proposed by the provider of electronic communications to the public. Providers shall give consumers adequate notice, not less than one month, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Paragraph 2 shall apply mutatis mutandis. 4. Any significant discrepancy between the actual performance regarding speed or other quality parameters and the quality parameters indicated by the provider of electronic communications to the public in accordance with Article 20 shall be deemed to constitute non- conformity of performance for the purpose of determining the remedies of the consumer, and of any other end-user so requesting, in accordance with national law. 5. Member States shall ensure that a subscription to additional services provided by the same provider of electronic communications to the public shall not re-start the initial contract period unless the price of the additional service(s) exceeds that of the initial services or the additional services are offered at a special promotional price linked to the renewal of the existing contract. 6. Member States shall ensure that providers of electronic communications to the public apply conditions and procedures for contract termination which do not raise obstacles to or disincentives against changing service providers."

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 36 – paragraph 1 – point 1 i (new)

Directive 2002/22/EC
Article 21 – paragraph 1

(1i) Article 21(1) is replaced by the following: "1. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and/or publicly available electronic communications services to publish transparent, comparable, adequate and up- to-date information on applicable prices and tariffs, on any charges due on termination of a contract and on standard terms and conditions in respect of access to, and use of, services provided by them to end-users and consumers in accordance with Annex II. Such information shall be published in a clear, comprehensive and easily accessible form. National regulatory authorities may specify additional requirements regarding the form, in which such information is to be published~~." lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0022:20091219:EN:PDF)~~, which may in particular include the introduction of language requirements so as to ensure that such information is easily understood by the consumer." Or. en (http://eur-

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN, Morten LØKKEGAARD

Proposal for a regulation
Article 36 – paragraph 1 – point 1 k (new)

Directive 2002/22/EC
Article 21 – paragraph 3

(1k) Article 21(3) is replaced by the following: “3. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and/or publicly available 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~~provide end-users with information on access to emergency services anyd change to access to emergency services or caller location information in the service to which they have subscribed; (c) inform subscribers of any change to conditions limiting access to and/or use of servicesaller location for all relevant services offered, any limitations on the provision of emergency services under Article 26, and any changes thereto; (d) information on any procedures put in place by the provider to measure and shape traffic on how those procedures could impact on service quality; (da) provide information on internet access services, where offered, specifying the following: (i) for fixed data links, the estimated available download and upload data speeds in the end-user's Member State of residence, and for mobile data, the average estimated download and upload speeds and speed ranges that can be expected from normal wireless network coverage in the networks subject to the consumer's contract; (ii) details of unit data pricing plans, pricing plans for bulk data and any applications, where such conditions are permitted under national law in accordance with Community law; (d) provide information on any procedures put in place by the provider to measure and shape traffic so as to avoid filling or overfilling a network link, and on how those procedures could impact on service quality; (e) inform subscribersble thresholds. For data volumes above thresholds: unit or bulk pricing on an ad hoc or lasting basis and any data speed limitations that may be applied; (iii) how end-users can monitor the current level of their consumption; (iv) a clear and comprehensible explanation as to how any data volume limitation, the actually available speed and other quality parameters, and the simultaneous use of specialised services, may in practice have an impact on the use of content, applications and services; (v) information on any procedures put in place by the provider to measure and shape traffic including an indication of the underlying communication inspection methods used for reasonable traffic management measures and information on how those procedures could impact on service quality, end-users' privacy and the protection of personal data; (e) inform consumers, and end-users where applicable, 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 (f) regularly inform disabled ~~subscribers~~consumers, and end-users, where applicable, of details of products and services designed for them. and the measures taken to ensure equivalence in access; If deemed appropriate, national regulatory authorities may promote self- or co- regulatory measures prior to imposing any obligation.” ~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0022:20091219:EN:PDF)~~Or. en (http://eur-

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Recital 75

(75) While it is in the first place for roaming providers to assess themselves the reasonable character of the volumes of roaming voice calls, SMS and data to be covered at domestic rates under their various retail packages, national regulatory authorities should supervise the application by roaming providers of such reasonable use limits and ensure that they are specifically defined by reference to detailed quantified information in the contracts in terms which are clear and transparent to customers. In so doing, national regulatory authorities should take utmost account of relevant guidance from BEREC. In its guidance, BEREC should, following consultation of all relevant stakeholders, identify various usage patterns substantiated by the underlying voice, data and SMS usage trends at the Union level, and the evolution of expectations as regards in particular wireless data consumption.

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN, Morten LØKKEGAARD

Proposal for a regulation
Article 36 – paragraph 1 – point 1 l (new)

Directive 2002/22/EC
Article 21 a (new)

(1l) The following Article is inserted: “Article 21a Control of consumption 1. Member States shall ensure that providers of electronic communications offer consumers and end-users the facility to monitor and control their usage of post- paid electronic communications services billed based on time or volume consumption and prepaid electronic communication services with automatic top-up. These facilities must include: (a) access to timely information on their service consumption; (b) for all contracts concluded or renewed following (OJ introduce date of transposition) the ability to set a financial cap on their usage, to request notification when an agreed proportion of their cap has been reached, the procedure to be followed to continue usage if the cap is exceeded, and the applicable pricing plans; (c) itemised bills on a durable medium. 2. BEREC shall lay down guidelines for the implementation of paragraph 1, and indicate whether any cost-related charges are justified or not.”

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 36 – paragraph 1 – point 2 Directive 2002/22/EC

~~(2) Articles 20, 21, 22 and 30 are~~ deleted.

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 36 – paragraph 1 – point 2 a (new)

Directive 2002/22/EC
Article 26

(2a) Article 26 is amended as follows: "1. Member States shall ensure that all end- users of the service referred to in paragraph 2, including users of public pay telephones and users of private telecommunications networks, are able to call the emergency services free of charge and without having to use any means of payment, by using the single European emergency call number "'112"' and any national emergency call number specified by Member States. 2. Member States, in consultation with national regulatory authorities, emergency services and providers, shall ensure that undertakings providing end users with an electronic communications service for originating national calls to a number or numbers in a national telephone numbering plan provide access to emergency services. End-users shall also be able to access "112" directly when calling from a private telecommunications network. 3. Member States shall ensure that calls to the single European emergency call number "112" are appropriately answered and handled in the 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 the national emergency number or numbers, where these continue to be in use. The Commission, in consultation with national regulatory authorities and emergency services, shall adopt a recommendation on performance indicators for Member States. The Commission shall bi-annually publish a report on the effectiveness of the implementation of "112" and on the functioning of the performance indicators. The first such report shall be provided to the European Parliament and the Council by the end of 2015. 4. Member States shall ensure that access for disabled end users to emergency services is equivalent to that enjoyed by other end users. Measures taken to ensure that disabled end-users are able to access emergency services whilst travelling in other Member States shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 17 of Directive 2002/21/EC (Framework Directive), and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article. 5. Member States shall ensure that 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 shall apply to all calls to the single European emergency call number "112", including calls from private telecommunications networks and roaming calls. Member States may extend this obligation to cover calls to national emergency numbers. ~~Competent regulatory authorities shall lay down~~The Commission may adopt by means of an implementing act criteria for the accuracy and reliability of the location information provided~~. 6. Member States~~ to emergency services by the end of 2015. 6. Member States and the Commission shall ensure that 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 complement Member States' action. 7. In order to ensure the effective access to "112" services in the Member States, the Commission, having consulted BEREC, may adopt technical implementing measures. However, these technical implementing measures shall be adopted without prejudice to, and shall have no impact on, the organisation of emergency services, which remains of the exclusive competence of Member States." ~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0022:20091219:EN:PDF)~~Or. en (http://eur-

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 36 – paragraph 2 f (new)

Directive 2002/22/EC
Article 30 – paragraph 4

(2f) Article 30(4) is replaced by the following: "4. Porting of numbers and their subsequent activation shall be carried out within the shortest possible time. ~~In any case, subscrib~~For end- users who have concluded an agreement to port a number to a new ~~undertaking shall have that num~~provider that number shall ber activated within one working day. Without prejudice to the first subparagraph, competent national authorities may establish the global process of switching and porting of numbers, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to the subscriber. In any event, loss of service during the process of porting shall not exceed one working day. Competent national authorities shall also take into account, where necessary, measures ensuring that subscribers are protected throughout the switching process and are notBEREC guidelines. They shall take into account necessary end-user protection throughout the switching process and the need to ensure the efficiency of such a process. In any event, loss of service during the process of porting shall not exceed one working day. End-users shall not be switched to another provider against their will. Member States shall ensure that appropriate sanctions on undertakings are provided for, including an obligation to compensate subscribers in case of delay in porting or abuse of porting by them or on their behalf." ~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0022:20091219:EN:PDF)~~Or. en (http://eur-

2013/12/06
Committee: IMCO

Jürgen CREUTZMANN

Proposal for a regulation
Article 2 – paragraph 2 – point 14

(14) ‘'internet access service’' means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet, irrespective of the network technology or devices used;

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 2 – paragraph 2 – point 15

(15) ‘'specialised service’' means an electronic communications service or any other service ~~that provides the capability to~~using the Internet Protocol that provides to a determined number of parties optimised access to specific content, applications or services, or a combination thereof, and ~~whos~~the technical characteristics of which are controlled ~~from end-to-end or provides the capability~~using traffic management in order to sen~~d or receive data to or from a determined number of parties or endpoint~~sure adequate service characteristics; and that is not marketed or widely used as a substitute for internet access service;

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 21 – paragraph 3

3. Providers of electronic communications to the public shall not apply tariffs for intra-Union communications terminating in another Member State which are higher, unless objectively justified: (a) as regards fixed communications, than tariffs for domestic long-distance communications; (b) as regards mobile communications, than the euro-tariffs for regulated voice and SMS roaming communications, respectively, established in Regulation (EC) No 531/2012.deleted

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1

End-users shall be free, using devices of their choice, to access and distribute information and content, run applications and use services of their choice, irrespective of their origin or destination, via their internet access service.

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2

End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services.deleted

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1

~~End-users shall also be free to agree with either p~~Providers of electronic communications to the public ~~or with~~and providers of content, applications and services ~~on the provision of~~shall be free to provide to end-user specialised services with an enhanced quality of service, the provision of which shall not impair in a recurring or continuous manner the general quality of internet access services. National regulatory authorities shall ensure that end-users are free to access these specialised services.

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
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 to 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 general quality of internet access services.deleted

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part

Within the limits of any contractually agreed data volumes ~~or speed~~, speeds or general quality characteristics for internet access services, providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by ~~blocking, slowing down, degrading or~~ discriminating against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and necessary, in particular, to:

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a

(a) implement a legislative provision or a court order~~, or prevent or impede serious crimes~~;

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c

(c) prevent the transmission of unsolicited communications to end-users ~~who have given their prior consent to such restrictive measures~~;

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d

(d) prevent network congestion and minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally.

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 37 – point 3

This Article shall ~~not~~ apply ~~to roaming providers that provide regulated retail roaming services in accordance with Article 4a~~until 30 June 2016.

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 37 – point 3 a (new)

Regulation (EU) No 531/2012
Article 5

(3a) In Article 5, the following paragraph 7 is added: 7. This Article shall apply until 30 June 2016.

2013/12/19
Committee: ITRE

Jürgen CREUTZMANN

Proposal for a regulation
Article 37 – point 4 a (new)

Regulation (EU) No 531/2012
Article 6 a (new)

(6a) the following Article is inserted Abolition of retail roaming surcharges 1. With effect from 1 July 2016, roaming providers shall not levy any surcharge in comparison to the charges for mobile communications services at domestic level on roaming customers for any regulated roaming call made or received, for any regulated roaming SMS message sent or for any regulated data roaming services used, without prejudice to measures taken to prevent anomalous or fraudulent usage.' 2. Paragraph 1 shall not preclude the limitation by a roaming provider of consumption of regulated retail roaming services at the applicable domestic service rate by reference to a reasonable use criterion. Roaming providers shall publish and include in its contracts detailed quantified information on how the reasonable use criterion is applied, by reference to the main pricing, volume or other parameters of the retail package in question. 3. By 31 December 2016, BEREC shall, after consulting stakeholders, assess risks of abuse and arbitrage between regulated roaming services at domestic price levels and domestic services in the host state and lay down general guidelines for the application of reasonable use criteria in the retail contracts provided by roaming providers. The competent national regulatory authority shall monitor and supervise the application of reasonable use criteria, taking utmost account of the BEREC general guidelines once they are adopted.

2013/12/19
Committee: ITRE

Activities of Jürgen CREUTZMANN related to 2013/0309(COD)

Shadow opinions (1)

Amendments (49)

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