Activities of Emma McCLARKIN related to 2013/0309(COD)
Plenary speeches (1)
European single market for electronic communications (A8-0300/2015 - Pilar del Castillo Vera)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council 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
Amendments (21)
Amendment 45 #
Proposal for a regulation
Recital 3
Recital 3
(3) In a seamless single market infor electronic communications, the freedom to provideprovision of electronic communications, networks and services to every customer in the Union and the right of each end-user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders. The current regulatory framework for electronic communications does not fully address such fragmentation, with national, rather than Union-wide general authorisation regimes, national spectrum assignment schemes, differences of access products available for electronic communications providers in different Member States, and different sets of sector-specific consumer rules applicable. The Union rules in many cases merely define a baseline, and are often implemented in diverging ways by the Member Statesconsumers, competition and choice must be prioritised.
Amendment 51 #
Proposal for a regulation
Recital 17
Recital 17
(17) Radio spectrum is a public good and an essential resource for the internal market for mobile, wireless broadband and satellite communications in the Union. Development of wireless broadband communications contributes to the implementation of the Digital Agenda for Europe and in particular to the aim of securing access to broadband at a speed of no less than 30 Mbps by 2020 for all Union citizens and of providing the Union with the highest possible broadband speed and capacity. However, the Union has fallen behind other major global regions - North America, Africa and parts of Asia - in terms of the roll-out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals. The piecemeal process of authorising and making available the 800 MHz band for wireless broadband communications, with overWith more than half of the Member States seeking a derogation or otherwise failing to do socomply by the deadline laid down in the Radio Spectrum Policy Programme (RSPP) Decision 243/2012 of the European Parliament and the Council,23 testifies to the urgency of action even within the term of the current RSPP. Union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to Decision 676/2002/EC of the European Parliament and the Council24 have not been sufficient to address this probhe Commission should prioritise removal of these derogations and enforcement of existing rulems. __________________ 24 Decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1). 23 Decision 243/2012/EU of the European Parliament and the Council of 14 March 2012, establishing a multiannual radio spectrum policy programme, OJ L 81 of 21.3.2012.
Amendment 54 #
Proposal for a regulation
Recital 18
Recital 18
(18) The application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll-out of Union-wide services and the completion of the internal market for wireless broadband communications. It could in particular create unequal conditions for access to such services, hamper competition between undertakings established in different Member States and stifle investments in more advanced networks and technologies and the emergence of innovative services, thereby depriving citizens and businesses of ubiquitous integrated high-quality services and wireless broadband operators of increased efficiency gains from large-scale more integrated operations. Therefore, action at Union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the Union. At the same time, Member States should retain the right to adopt measures to organise their radio spectrum for public order, public security purposes and defenceMember States should retain the right to adopt measures to organise and manage their radio spectrum.
Amendment 68 #
Proposal for a regulation
Recital 46
Recital 46
(46) The freedom of end-users to access and distribute information and lawful content, run applications and use services of their choice is subject to the respect of Union and compatible national law. This Regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other Union legislation, including copyright rules and Directive 2000/31/EC, Directive 2000/31/EC and Directive 2011/93/EC, in particular Article 25 thereof, which allows Member State measures to block access to web pages containing or disseminating child pornography.
Amendment 92 #
Proposal for a regulation
Article 2 – point 15
Article 2 – point 15
(15) ‘'specialised service’' means an electronic communications service or any other service that provides the capability to accessptimised for specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-by deploying traffic management to- end or providessure 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 service;propriate level of network capacity and quality.
Amendment 95 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This section shall apply to harmonised radio spectrum for wireless broadband communications.
Amendment 100 #
Proposal for a regulation
Article 9
Article 9
Amendment 105 #
Proposal for a regulation
Article 10
Article 10
Amendment 106 #
Proposal for a regulation
Article 11
Article 11
Amendment 108 #
Proposal for a regulation
Article 13
Article 13
Amendment 118 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be free to access and distribute information and content, run applications and use services of their choice via their internet access service, irrespective of their origin or destination, via their internet access service. Internet access service providers shall not restrict or prevent the use by end-users of any terminal equipment to access and distribute information and content via their internet access service. This is without prejudice to the rights of Member States to grant individual rights of use under Article 5 of Directive 2002/20/EC. Providers of electronic communications to the public shall ensure that end-users are able to run any application utilising the electronic communication function of the internet without any form of restriction on the content exchanged, except for the purposes of reasonable traffic management measures or to implement a court order.
Amendment 131 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 137 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2 a (new)
Article 23 – paragraph 2 – subparagraph 2 a (new)
For national authorities to be able to assess such potential material detriment, providers of electronic communications services or providers of content, applications and services shall transmit to the national authorities, upon request, precise information regarding the capacities assigned to the two types of services.
Amendment 142 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Amendment 146 #
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 crimesuch measures shall be set by transparent procedures, not be maintained longer than strictly necessary and provide adequate safeguards; in particular to ensure that any restrictions are limited to what is necessary, non- discriminatory and proportionate. Those safeguards shall be subject to periodic review and include the possibility of judicial redress;
Amendment 150 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point b
Article 23 – paragraph 5 – subparagraph 1 – point b
Amendment 152 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
Article 23 – paragraph 5 – subparagraph 1 – point c
Amendment 154 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
Article 23 – paragraph 5 – subparagraph 1 – point d
d) minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally.eleted
Amendment 158 #
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 paragraphArticle.
Amendment 174 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point i
Article 25 – paragraph 1 – subparagraph 1 – point e – point i
Amendment 176 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv