2016/0288(COD) | [ParlTrack]

Proposal for a directive
Article 3 – paragraph 3 – point e

(e) taking due account of the variety of conditions relating to infrastructure, ~~competition and consumer~~as well as service competition and end-users' circumstances that exist in the various geographic areas within a Member State;

Amendment 101 #

Proposal for a directive
Article 3 – paragraph 3 – point f

(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition on the retail market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.deleted

Amendment 102 #

Proposal for a directive
Article 4 – paragraph 4 a (new)

4a. The provisions of this Directive shall be without prejudice to existing EU law and to measures taken at national level for the allocation of radio spectrum as a valuable public asset which aims to pursue general interest objectives to organize and use spectrum for public order, security and defence and to promote media pluralism and cultural, linguistic and media diversity.

Amendment 103 #

Bogdan Brunon WENTA, Stefano MAULLU

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8

– ~~dealing~~ensuring compliance with ~~issu~~rules related to open internet access;

Amendment 104 #

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1

Member States and their competent authorities shall ensure that the use of radio spectrum is organised on their territory in a way that no other Member State is impeded, in particular due to cross-border harmful interference between Member States, from allowing on its territory the use of ~~harmonised~~ radio spectrum in accordance with Union legislation.

Amendment 105 #

Bogdan Brunon WENTA, Stefano MAULLU

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2

They shall take all necessary measures to this effect while taking into account their national needs and without prejudice to their obligations under international law and relevant international agreements such as the ITU Radio Regulations.

Amendment 106 #

Proposal for a directive
Article 28 – paragraph 4

4. At the request of a Member State or upon its own initiative, the Commission may, taking utmost account of the opinion of the Radio Spectrum Policy Group, adopt ~~implementing measures~~delegated act to resolve cross- border harmful interferences between two or several Member States which prevent them from using the harmonised radio spectrum in their territory. Those ~~implementing~~delegated acts shall be adopted in accordance with ~~the examination procedure referred to in Article 110(4)~~Article 109 and shall be based on European and national rules for the allocation of spectrum used at the national level for broadcasting services.

Amendment 107 #

Proposal for a directive
Article 32 – paragraph 2

2. National regulatory authorities shall contribute to the development of the internal market by working with each other and with the Commission and BEREC in a transparent manner so as to ensure the consistent application, in all Member States, of the provisions of this Directive. To this end, they shall, in particular, work with the Commission and BEREC to identify the types of instruments and remedies best suited to address particular types of situations in the marketplace. However, the national authorities shall be empowered first and foremost to enforce and defend the decisions of their respective governments and not be subject to the authority of the Commission in that area.

Amendment 108 #

Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2

it shall make the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member States, at the same time, together with the reasoning on which the measure is based, in accordance with Article 20(3), and inform the Commission, BEREC and other national regulatory authorities and stakeholders thereof. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within one month. The one-month period may not be extended.

Amendment 109 #

Proposal for a directive
Article 33 – paragraph 5 – point c

(c) take a decision requiring the national regulatory authority concerned to withdraw the draft measure, where BEREC shares the serious doubts of the Commission. The decision shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted, together with specific proposals for amending the draft measure. In this case, the procedure referred to in Article 32 (6) shall apply mutatis mutandis.deleted

Amendment 110 #

Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – point b

(b) ensure effective and efficient use of radio spectrum, but at the same time taking into account of the public interest and the social, cultural and economic value of spectrum as a whole; and

Amendment 111 #

Proposal for a directive
Article 35 – paragraph 4 – point f a (new)

(fa) the principles of services and technological neutrality and of effective and efficient use of spectrum;

Amendment 112 #

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services. The digital strategy of some foreign powers is to limit access, above all, to their data. That is not the case with the European Union, which therefore does not provide Member States or their users with the best security for.

Amendment 113 #

Proposal for a directive
Article 40 – paragraph 2

2. Member States shall ensure that undertakings providing public communications networks take all appropriate steps to guarantee the integrity of their networks, and thus ensure the continuity of supply of services provided over those networks. Those undertakings shall preferably be wholly European, particularly when it comes to their decision-making centres, R&D centres, manufacturing sites and capital.

Amendment 114 #

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point h a (new)

(ha) ensuring that any change in policy with regard to the efficient use of spectrum takes account of its impact on the public interest in terms of interference and costs;

Amendment 115 #

Bogdan Brunon WENTA, Stefano MAULLU

Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part

In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC, and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and the Decision on the use of the 470-790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:

Amendment 116 #

Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part

In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and Decision No .../2017/EU on the use of the 470-790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:

Amendment 117 #

Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – introductory part

Member States ~~may~~shall, however, provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services ~~where this is necessary~~in order to:

Amendment 118 #

Proposal for a directive
Article 45 – paragraph 5 – subparagraph 3

A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined the Union and by Member States in accordance with Union law.

Amendment 119 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point a

(a) the specific characteristics of the radio spectrum concerned and the current and planned use of different available radio spectrum bands;

Amendment 120 #

Proposal for a directive
Article 53 – paragraph 1 – introductory part

In order to coordinate the use of harmonised radio spectrum in the Union and taking due account of the different national market situations and without prejudice to existing European rules, the Commission may, by way of a~~n implementing measure~~ delegated act:

Amendment 121 #

Proposal for a directive
Article 53 – paragraph 2

Those ~~implementing measure~~delegated acts shall be adopted in accordance with the examination procedure referred to in Article 1~~10(4)~~09, taking utmost account of the opinion of the Radio Spectrum Policy Group.

Amendment 122 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, including total conversation services, exercising their responsibility in a way that promotes efficiency, sustainable competition, media pluralism, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

Amendment 123 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3 , encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, media pluralism, the deployment of very high capacity networks , efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

Amendment 124 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, ~~the deployment of very high capacity networks,~~ efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

Amendment 125 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d

(d) to the extent that is necessary to ensure accessibility for end-users ~~to digital radio and television broadcasting services specified by the Member State, obligations on operators to provide access to the other faciliti~~including for end-users with disabilities, to digital radio and audiovisual media services as well as related complementary services specified by the Member State, obligations on operators to provide access to the other facilities and obligations on devices, graphical user interfaces and operating systems to provide access to radio and audio or audiovisual media services referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.

Amendment 126 #

Proposal for a directive
Article 60 – paragraph 4

(4) Conditions applied in accordance with this ~~Articl~~Directive are without prejudice to the ability of Member States to impose obligations in relation to the presentational aspect of electronic programme guides and ~~simila~~other listing and navigation facilities.

Amendment 127 #

Proposal for a directive
Article 65 – paragraph 4 a (new)

4a. The national regulatory authority may also impose obligations in relation to electronic communication networks or services owned or controlled by an operator with significant market power, which is also closely related to other markets and industries if there is a real risk that the market power held by the electronic communication operator can be or is used to leveraged its power or discriminate against its competitors in other closely related markets or industries.

Amendment 128 #

Proposal for a directive
Article 66 – paragraph 4

4. Obligations imposed in accordance with this Article shall be based on the nature of the problem identified~~, in particular at retail level~~ and where appropriate taking into account the identification of transnational demand pursuant to Article 64. They shall be proportionate, have regard to the costs and benefits, and be justified in the light of the objectives laid down in Article 3 of this Directive. Such obligations shall only be imposed following consultation in accordance with Articles 23 and 32.

Amendment 129 #

Proposal for a directive
Article 66 – paragraph 6

6. National regulatory authorities shall consider the impact of new market developments~~, such as in relation to commercial agreements, including co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics~~. If these developments are not sufficiently important in order to determine the need to undertake a new market analysis in accordance with Article 65, the national regulatory authority shall assess whether it is necessary to review the obligations imposed on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.

Amendment 130 #

1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, ~~building cables including wiring,~~ antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest.

Amendment 131 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1

~~Only where a n~~National regulatory authority ~~concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it~~ may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, and would not be in the end-user's interest.

Amendment 132 #

Proposal for a directive
Article 79 – title

Available and affordable universal service

Amendment 133 #

Proposal for a directive
Article 79 – paragraph 1

1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available ~~functional~~ internet access and voice communications services at ~~the~~a minimum level of quality specified in their territory, including the underlying connection, at least at a fixed location. Member States shall ensure that the services provided through the universal service obligation under this Directive must comply with the requirements of Union legislation on open internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015.

Amendment 134 #

Proposal for a directive
Article 79 – paragraph 1

1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at the quality specified in their territory, including the underlying connection, ~~at least~~both at a fixed location and by way of mobile connection.

Amendment 135 #

Proposal for a directive
Article 79 – paragraph 2

2. Member States shall define the ~~functional~~minimum level of internet access ~~service~~ referred to in paragraph 1 with a view to adequately reflect the services used by the majority of end-users in their territory. To that end, ~~the functional internet access service shall be capable of supporting~~Member States shall be guided by the minimum set of services set out in Annex V.

Amendment 136 #

Proposal for a directive
Article 79 – paragraph 3 a (new)

3a. Where a connection at a fixed location as referred to in paragraph 1 could be unreasonably burdensome on the undertakings providing such services, the connection may be provided only by way of mobile connection.

Amendment 137 #

Proposal for a directive
Article 80 – paragraph 2

2. ~~Where~~ Member States ~~establish that, in the light of national conditions,~~shall ensure that retail prices for services identified in Article 79(1) are ~~not~~ affordable, because low-income or special social needs end- users are prevented from accessing such services, they may require undertakings which provide such services to offer to those end-users tariff options or packages different from those provided under normal for all end- users, including end-users with the lowest incomme~~rcial conditions. To that end, Member States may require such undertakings to apply common tariffs, including geographic averaging, throughout the territory~~ and special social needs. Member States shall ensure that all end-users ~~entitled to such tariff options or packages~~ have a right to contract with an undertaking providing the services identified in Article 79(1) and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service.

Amendment 138 #

Proposal for a directive
Article 80 – paragraph 3

3. Member States shall ensure that undertakings which provide tariff options or packages to low-income or special social needs end-users pursuant to paragraph 2, keep the national regulatory authorities informed of the details of such offers. National regulatory authorities shall ensure that the conditions under which undertakings provide tariff options or packages pursuant to paragraph 2 are fully transparent and are published and applied in accordance with the principle of non-discrimination. National regulatory authorities may require that specific schemes be modified or withdrawn.deleted

Amendment 139 #

Proposal for a directive
Article 80 – paragraph 4

4. Member States may, in the light of national conditions, ensure that support is provided to low-income or special social needs end-users in view of ensuring affordability of functional internet access and voice communications services at ~~least at~~ a fixed location and by way of mobile connection.

Amendment 140 #

Proposal for a directive
Article 81 – paragraph 2

2. Member States shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voice communications service, whilst respecting the principles of objectivity, transparency, non-discrimination and proportionality. They shall seek to minimise market distortions, in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions, whilst safeguarding the public interest.deleted

Amendment 141 #

Proposal for a directive
Article 81 – paragraph 3

3. In particular, where Member States decide to impose obligations to ensure the availability at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with Article 79(2) and of voice communications service, they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with Article 79(2) and of voice communications service in order to cover all the national territory. Member States may designate different undertakings or sets of undertakings to provide functional internet access and voice communications services at a fixed location and by way of mobile connection and/or to cover different parts of the national territory.

Amendment 142 #

Proposal for a directive
Article 81 – paragraph 4

4. When Member States designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with Article 79(2) and of voice communications service, they shall do so using an efficient, objective, transparent and non- discriminatory designation mechanism, whereby no undertaking is a priori excluded from being designated. Such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost-effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with Article 84.

Amendment 143 #

Proposal for a directive
Article 81 – paragraph 5

5. When an undertaking designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership, it shall inform in advance the national regulatory authority in a timely manner, in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with Article 79(2) and of voice communications service. The national regulatory authority may impose, amend or withdraw specific obligations in accordance with Article 13(2).

Amendment 144 #

Proposal for a directive
Article 82 – paragraph 1

Member States may continue to ensure the availability or affordability of other services than functional internet access service as defined in accordance with Article 79(2) and voice communications service at a fixed location and by way of mobile connection that were in force prior to [set date], if the need for such services is duly demonstrated in the light of national circumstances. When Member States designate undertakings in part or all of the national territory for the provision of those services, Article 81 shall apply. Financing of these obligations shall comply with Article 85.

Amendment 145 #

Dominique BILDE

Proposal for a directive
Article 94 – paragraph 1

Member States shall not maintain or introduce in their national law end-user protection provisions on the subject- matters covered by this Title and diverging from the provisions laid down in this Title, including more or less stringent provisions to ensure a different level of protection, unless otherwise provided for in this Title.deleted

Amendment 146 #

Proposal for a directive
Article 94 – paragraph 1

Member States shall ~~not~~ maintain orand introduce in their national law end-user protection provisions on the subject- matters covered by this ~~Title and diverging from the provisions laid down in this~~ Title, including more ~~or less~~ stringent provisions to ensure a ~~different~~higher level of protection~~, unless otherwise provided for in this Title~~ for the end user.

Amendment 147 #

Proposal for a directive
Article 105 – title

Interoperability of consumer digital television and radio equipment

Amendment 148 #

In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer digital television and radio equipment referred to therein.

Amendment 149 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States ~~may~~shall impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and ~~television broadcast channel~~audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access ~~for disabled end-users and data supporting~~to content and electronic programming guides for end-users with disabilities and data supporting and enabling end-users access to connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or ~~television broadcast channel~~audiovisual media services to the public where a significant number of end- users of such networks and services use them as their principal means to receive radio and ~~television broadcast channel~~audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 150 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users with disabilities and data supporting and enabling end-user access to connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 151 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them ~~as their principal means~~ to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 152 #

Proposal for a directive
Article 106 – paragraph 2

(2) Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration ishould be provided for, it will require a legal regulation that also stipulates the remuneration sum; Member States shall also ensure that it is applied in a proportionate and transparent manner.

Amendment 153 #

Proposal for a directive
Article 106 – paragraph 2

2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by legal provisions, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.

Amendment 154 #

Proposal for a directive
Annex II – part 2 – point b

(b) Access to electronic programme guides (EPGs), including data for connected television services and data to access these services.

Amendment 155 #

Proposal for a directive
Annex V – subheading 1

MINIMUM LIST OF SERVICES WHICH THE FUN~~CTIONAL INTERNET ACCESS SERVICE SHALL BE CAPABLE OF SUPPORTING~~IVERSAL SERVICES OBLIGATION SHALL PROVIDE IN ACCORDANCE WITH ARTICLE 79~~(2)~~

Amendment 156 #

Proposal for a directive
Annex V – point 10

(10) social media and instant messaging, including real time text

Amendment 157 #

Proposal for a directive
Annex V – point 11

(11) calls and video calls (standard quality suitable for sign language use)

Amendment 158 #

Proposal for a directive
Annex V – point 11 a (new)

(11a) audiovisual media services and radio services

Amendment 159 #

Proposal for a directive
Annex V – point 11 a (new)

(11a) radio services

Amendment 160 #

Proposal for a directive
Annex X – subheading 1

INTEROPERABILITY OF ~~DIGITAL~~ CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105

Amendment 161 #

Proposal for a directive
Annex X – part 2 a (new)

2a. MULTINORM FUNCTIONALITY FOR RADIO RECEPTION All consumer equipment enabling the reception of radio and/or audio signals, which is put on the market in the Union is to possess the capability to receive radio in an analogue and digital radio and via IP networks, in accordance with standards adopted by a recognized European standards organisation. Where a portable device sold in the Union includes an analogue and/or digital radio receiver, this shall be activated.

Amendment 162 #

Proposal for a directive
Annex X – part 2 a (new)

2a. INTEROPERABILITY FOR ANALOGUE AND DIGITAL RADIO RECEIVING DEVICES All consumer equipment enabling the reception of radio and/or audio signals made available in the Union, is to possess the capability to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks.

Amendment 40 #

Patrick O'FLYNN

Proposal for a directive
–

The Committee on Culture and Education calls on the Committee on Industry, Research and Energy, as the committee responsible, to propose rejection of the Commission proposal.

Amendment 41 #

Proposal for a directive
Recital 3

(3) In the Digital Single Market strategy, the Commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment in high-speed broadband networks, bring a more consistent single market approach to spectrum policy and management, deliver conditions for a true single market by tackling regulatory fragmentation, ensure a level playing field for all market players and consistent application of the rules, as well as provide a more effective regulatory institutional framework. Wholly European infrastructures need to be developed to address competition from Asia and the United States, in particular; however the current Digital Single Market strategy overlooks that essential fact.

Amendment 42 #

Proposal for a directive
Recital 5

(5) This Directive should create a legal framework to ensure the freedom to provide electronic communications networks and services, subject only to the conditions laid down in this Directive and to any restrictions in conformity with Article 52 (1) of the Treaty, in particular measures regarding public policy, public security and public health. It should also ensure a wholly European digital strategy and enable digital businesses to be developed, but at the same time guarantee the digital sovereignty of citizens’ data.

Amendment 43 #

Proposal for a directive
Recital 6

(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy, public morality and public security, and to permit the investigation, detection and prosecution of criminal offences. This Directive does not take sufficient account of national specificities, in particular with regard to consumer protection and the processing of personal data.

Amendment 44 #

Sabine VERHEYEN, Bogdan Brunon WENTA

Proposal for a directive
Recital 8

(8) This Directive does not affect the application to radio equipment of Directive 2014/53/EU, but does cover consumer equipment used for radio and digital television.

Amendment 45 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to ~~what a network ba~~thosed on optical fibre ~~element~~networks at least up to the distribution point at the serving location can deliver such as fibre to the home networks. This corresponds in the fixed- line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 46 #

Proposal for a directive
Recital 16

(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied against counter-performance other than money, for instance by giving access to personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user actively provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cookie). In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24, remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. However, the fact that not all the necessary steps have been taken to ensure that information about users and the storing or processing of such information outside EU territory, by non-European businesses is a severe handicap on the European digital economy. _________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.

Amendment 47 #

Proposal for a directive
Recital 22

(22) The activities of competent authorities established under this Directive contribute to the fulfilment of broader policies in the areas of culture and cultural diversity, media pluralism, employment, the environment, social cohesion and town and country planning.

Amendment 48 #

Proposal for a directive
Recital 23

(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas. The digital strategy should focus on building a wholly European digital sector that promotes a vision of strategic independence rather than emphasising the purely commercial aspects.

Amendment 49 #

Proposal for a directive
Recital 27

(27) It is necessary to give appropriate incentives for investment in new very high capacity networks that will support innovation in content-rich Internet services and strengthen the international competitiveness of the European Union. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is therefore vital to promote sustainable investment in the development of these new networks, while safeguarding competition and boosting consumer choice through regulatory predictability and consistency. However, these aspirations will be doomed to fail against US and Asian competition if the European Union does not come up with a digital sector that is wholly European from every angle.

Amendment 50 #

Proposal for a directive
Recital 31

(31) National borders are increasingly irrelevant in determining optimal radio spectrum use. Undue fragmentation amongst national policies regarding the management of radio spectrum, including unjustified different conditions for access to, and use of, radio spectrum according to the type of operator, may result in increased costs and lost market opportunities for spectrum users. It may slow down innovation, limit investment, reduce economies of scale for manufacturers and operators as well as create tensions between rights holders and discrepancies in the cost of access to spectrum. This fragmentation may overall result in a distortion of the functioning of the internal market and prejudice to consumers and the economy as a whole. It is, however, dangerous to seek to remove national borders in this field because the European digital sector is not fully safeguarded and there is a real disparity between countries with regard to consumers.

Amendment 51 #

Proposal for a directive
Recital 59

(59) Information that is considered confidential by a competent authority, in accordance with Union and national rules on business confidentiality and protection of personal data, may be exchanged with the Commission and other national regulatory authorities and BEREC where an exchange is necessary for the application of the provisions of this Directive. The information exchanged should be limited to that which is relevant and proportionate to the purpose of the exchange.deleted

Amendment 52 #

Proposal for a directive
Recital 67

(67) Lack of coordination between Member States when organising the use of spectrum in their territory can create large- scale interference issues severely impacting the development of the Digital Single Market. Member States should take all necessary measures to avoid cross- border and harmful interference and cooperate with each other to that end. Upon request of one or more Member States or of the Commission, the Radio Spectrum Policy Group should be tasked with supporting the necessary cross-border coordination. Building on RSPG's proposed solution, an ~~implementing measure~~d delegated acts may be required in some circumstances to definitively resolve cross- border interferences or to enforce under Union law a coordinated solution agreed by two or several Member States in bilateral negotiations.

Amendment 53 #

Proposal for a directive
Recital 79

(79) Having regard to the short time- limits in the Union consultation mechanism, powers should be conferred on the Commission to adopt recommendations and/or guidelines to simplify the procedures for exchanging information between the Commission and national regulatory authorities, for example in cases concerning stable markets, or involving only minor changes to previously notified measures. ~~Powers should also be conferred on the Commission to allow for the introduction of a notification exemption with the idea of streamlining procedures in certain cases.~~

Amendment 54 #

Proposal for a directive
Recital 82

(82) Measures that could affect trade between Member States are measures that may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States in a manner which might create a barrier to the single market. They comprise measures that have a significant impact on operators or users in other Member States, which include, inter alia: measures which affect prices for users in other Member States; measures which affect the ability of an undertaking established in another Member State to provide an electronic communications service, and in particular measures which affect the ability to offer services on a transnational basis; and measures which affect market structure or access, leading to repercussions for undertakings in other Member States.deleted

Amendment 55 #

Proposal for a directive
Recital 86

(86) Member States should be encouraged to consider joint authorisations as an option when issuing rights of use where the expected usage covers cross- border situations. It should, however, be for each Member State to make the final decision in that respect.

Amendment 56 #

Proposal for a directive
Recital 101

(101) Radio spectrum is a scarce public resource with an important public and market value. Radio spectrum serves the public interest in a wide range of societal, cultural, social and economic objectives, for public access to information, the right of freedom of expression and media pluralism. It is an essential input for radio- based electronic communications networks and services and, in so far as it relates to such networks and services, should therefore be efficiently allocated and assigned by national regulatory authorities according to harmonised objectives and principles governing their action as well as to objective, transparent and non- discriminatory criteria, taking into account the democratic, social, linguistic and cultural interests related to national and regional characteristics to the use of frequencies.. Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)33 establishes a framework for harmonisation of radio spectrum,. _________________ 33 Decision No 676/2002/EC of the European Parliament and of 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).

Amendment 57 #

Proposal for a directive
Recital 102

(102) Radio spectrum policy activities in the Union should be without prejudice to measures taken, at Union or national level, in accordance with Union law, to pursue general interest objectives, in particular with regard to content regulation and audiovisual and media policies, and the right of Member States to organise and use their radio spectrum for public order, public security and defence. As use of spectrum for military and other national public security purposes impacts on the availability of spectrum for the internal market, radio spectrum policy should take into account all sectors and aspects of Union policies and balance their respective needs, while respecting Member States' rights and competences in this field and the cultural, audiovisual and media policies of the Member States.

Amendment 58 #

Proposal for a directive
Recital 111

Amendment 59 #

Proposal for a directive
Recital 117

(117) Market conditions as well as the relevance and number of players can differ amongst Member States. While the need and opportunity to attach conditions to rights of use for radio spectrum can be subject to national specificities which should be duly accommodated, the modalities of the application of such obligations should be coordinated at EU level through Commission implementing measures to ensure a consistent approach in addressing similar challenges across the EU.deleted

Amendment 60 #

Proposal for a directive
Recital 134

(134) National legal or administrative measures that link the terms and conditions for access or interconnection to the activities of the party seeking interconnection, and specifically to the degree of its investment in network infrastructure, and not to the interconnection or access services provided, may cause market distortion and may therefore not be compatible with competition rules.deleted

Amendment 61 #

Proposal for a directive
Recital 144

(144) Competition rules alone may not be sufficient to ensure cultural diversity and media pluralism in the area of digital television. Technological and market developments make it necessary to review obligations to provide conditional access on fair, reasonable and non-discriminatory terms on a regular basis, either by a Member State for its national market or the Commission for the Union , in particular to determine whether there is justification for extending obligations to electronic programme guides (EPGs) and application programme interfaces (APIs), to the extent that is necessary to ensure accessibility for end-users to specified digital broadcasting services. Member States may specify the digital broadcasting services to which access by end-users must be ensured by any legislative, regulatory or administrative means that they deem necessary. The concept of the electronic programme guide needs to be defined in a future- proof and dynamic way, with respect both to emerging navigation and listing facilities on platforms and to developments in connected television and radio services.

Amendment 62 #

Proposal for a directive
Recital 158

(158) Ex ante regulation imposed at the wholesale level~~, which is in principle less intrusive than retail regulation, is considered sufficient~~ are necessary to tackle potential competition problems on the related downstream retail market or markets. The advances in the functioning of competition since the regulatory framework for electronic communications has been in place are demonstrated by the progressive deregulation of retail markets across the Union. Further, the rules relating to the imposition of ex ante remedies on undertakings with significant market power should be simplified and be made more predictable, where possible. ~~Therefore, the power of imposition of ex ante regulatory controls based on significant market power in retail markets should be repealed.~~ However, there might be instances where, in relation to closely related electronic communications network and services, large operators could also have commercial or structural links on downstream markets, such as media outlets or content platforms and thus affecting competition for the provision of those services. It is important therefore, that national regulatory authorities also evaluate and are in a position to prevent harmful links between telecom markets and other markets by ensuring that there is no negative impact on price evolution, consumer welfare, freedom of expression, net neutrality and media pluralism.

Amendment 63 #

Proposal for a directive
Recital 161

(161) Due to the high level of technological innovation and highly dynamic markets in the electronic communications sector, there is a need to adapt regulation rapidly in a coordinated and harmonised way at Union level, as experience has shown that divergence among the national regulatory authorities in the implementation of the regulatory framework may create a barrier to the development of the internal market.deleted

Amendment 64 #

Proposal for a directive
Recital 193

(193) Under Article 169 of the Treaty on the Functioning of the European Union, the Union is to contribute to the protection of consumers. The Union must also take into account the specificities of each Member State in the area of consumer protection.

Amendment 65 #

Proposal for a directive
Recital 196

(196) AThe obligation to ensure available access to affordable internet is a fundamental requirement of universal service isobligation to ensure ~~that all end- users have access~~full geographical coverage at an affordable price to available ~~functional~~ internet access and voice communications services, at least at a fixed location to all citizens, especially for socially disadvantaged communities. Member States should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move, where they deem this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations.

Amendment 66 #

Proposal for a directive
Recital 196

Amendment 67 #

Proposal for a directive
Recital 197

(197) The speed of Internet access experienced by a given user may depend on a number of factors, including the provider(s) of Internet connectivity as well as the given application for which a connection is being used. The affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic services that reflect the services used by the majority of end-users. This minimum list of services should be further defined by Member States, in order to allow an adequate level of social inclusion and participation in the digital society and economy in their territoryavailable and affordable internet access provided under the universal service obligation should have the capacity to support access to and use of a minimum set of basic internet services needed to allow citizens an adequate level of social inclusion and participation in the digital society and economy in their territory. This would ensure that all consumers have access to what is a standard basic broadband in the Member State. The requirements of Union legislation on open internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015, should apply to any list of internet access services or minimum bandwidth adopted under the universal service obligation.

Amendment 68 #

Proposal for a directive
Recital 200

(200) Affordable price means a price defined by Member States at national level in the light of specific national conditions~~, and may involve special tariff options or packages to deal with the needs of low- income users or~~. Users with the lowest income and users with special social needs, including the elderly, the disabled and the end-users living in rural or geographically isolated areas, should be able to afford those services. These offers should be provided with basic features, in order to avoid distortion of the functioning of the market. Affordability for individual end-users should be founded upon their right to contract with an undertaking, availability of a number, continued connection of service and their ability to monitor and control their expenditure.

Amendment 69 #

Proposal for a directive
Recital 201

(201) It should no longer be possible to refuse end-users access to the minimum set of connectivity services. A right to contract with an undertaking should mean that end- users who might face refusal, in particular those with low incomes or special social needs, should have the possibility to enter into a contract for the provision of affordable functional internet access and voice communications services at ~~least at~~ a fixed location and by way of mobile connection with any undertaking providing such services in that location. In order to minimise the financial risks such as non- payment of bills, undertakings should be free to provide the contract under pre- payment terms, on the basis of affordable individual pre-paid units.

Amendment 70 #

Proposal for a directive
Recital 204

(204) In order to assess the need for affordability measures, national regulatory authorities should be able to monitor the evolution and details of offers of tariff options or packages for end-users with low incomes or special social needs.deleted

Amendment 71 #

Proposal for a directive
Recital 205

(205) Where additional measures beyond the basic tariff options or packages provided by undertakings are insufficient for ensuring affordability for end-users with low incomes or special needs, direct support such as for example vouchers to such end-users can be an appropriate alternative having regard to the need to minimise market distortions.deleted

Amendment 72 #

Proposal for a directive
Recital 206

(206) Member States should introduce measures to promote the creation of a market for affordable and accessible products and services incorporating facilities for ~~disabled~~ end- users~~, including equipment with assistive technologi~~ with disabilities, including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services. This can be achieved, inter alia, by referring to European standards, or by introducing requirements in accordance with Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services38 Member States should define appropriate measures according to national circumstances, which gives flexibility for Member States to take specific measures for instance if the market is not delivering affordable and accessible products and services incorporating facilities for ~~disabled~~ end- users with disabilities under normal economic conditions. _________________ 38 OJ C […], […], p. […].

Amendment 73 #

Proposal for a directive
Recital 209

(209) If after carrying out a due assessment, taking into account the results of the geographical survey of networks deployment conducted by the national regulatory authority, it is shown that neither the market nor public intervention mechanisms are likely to provide end-users in certain areas with a connection capable of delivering functional internet access service as defined by Member States in accordance with Article 79 (2) and voice communications services at a fixed location and by way of mobile connection, the Member State should be able to exceptionally designate different undertakings or sets of undertakings to provide these services in the different relevant parts of the national territory. ~~Universal service obligations in support of availability of functional internet access service may be restricted by Member States to the end-user’s primary location or residence.~~ There should be no constraints on the technical means by which the functional internet access and voice communications services at a fixed location are provided, allowing for wired or wireless technologies, nor any constraints on which operators provide part or all of universal service obligations.

Amendment 74 #

Proposal for a directive
Recital 211

(211) The costs of ensuring the availability of a connection capable of delivering functional internet access service as identified in accordance with Article 79 (2) and voice communications service at a fixed location and by way of mobile connection at an affordable price within the universal service obligations should be estimated, in particular by assessing the expected financial burden for undertakings and users in the electronic communications sector.

Amendment 75 #

Proposal for a directive
Recital 213

(213) When an undertaking designated to ensure the availability at a fixed location and by way of mobile connection of functional internet access or voice communications services, as identified in Article 81 of this Directive, chooses to dispose of a substantial part, viewed in light of its universal service obligation, or all, of its local access network assets in the national territory to a separate legal entity under different ultimate ownership, the national regulatory authority should assess the effects of the transaction in order to ensure the continuity of universal service obligations in all or parts of the national territory. To this end, the national regulatory authority which imposed the universal service obligations should be informed by the undertaking in advance of the disposal. The assessment of the national regulatory authority should not prejudice the completion of the transaction.

Amendment 76 #

Proposal for a directive
Recital 214

(214) In order to provide stability and support a gradual transition, Member States should be able to continue to ensure the provision of universal services in their territory, other than functional internet access and voice communications services at a fixed location and by way of mobile connection, that are included in the scope of their universal obligations on the basis of Directive 2002/22/EC at the entry into force of this Directive, provided the services or comparable services are not available under normal commercial circumstances. Allowing the continuation of the provision of public payphones, directories and directory enquiry services under the universal service regime, as long as the need is still demonstrated, would give Member States the flexibility necessary to duly take into account the varying national circumstances. However, the financing of such services should be done via public funds as for the other universal service obligations.

Amendment 77 #

Proposal for a directive
Recital 230

(230) Divergent implementation of the rules on end-user protection has created significant internal market barriers affecting both providers of electronic communications services and end-users. Those barriers should be reduced by the applicability of the same rules ensuring a high common level of protection across the Union. A calibrated full harmonisation of the end-user rights covered by this Directive should considerably increase legal certainty for both end-users and providers of electronic communications services, and should significantly lower entry barriers and unnecessary compliance burden stemming from the fragmentation of the rules. Full harmonisation helps to overcome barriers to the single market resulting from such national end-user provisions which at the same time protect national providers against competition from other Member States. In order to achieve a high common level of protection, several end-user provisions should be reasonably enhanced in this Directive in the light of best practices in Member States. Full harmonisation of their rights increases the trust of end- users in the internal market as they benefit from an equally high level of protection when using electronic communications services, not only in their Member State but also while living, working or travelling in other Member States. Member States should maintain the possibility to have a higher level of end-user protection where an explicit derogation is provided for in this Directive, and to act in areas not covered by this Directive.deleted

Amendment 78 #

Proposal for a directive
Recital 254

(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including ~~disabled~~ end- users~~, the elderly~~ with disabilities, older people, and users with special social needs, have easy and equal access to affordable and accessible high quality services. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disabilityies in drawing up measures under Article 114 of the TFEU.

Amendment 79 #

Proposal for a directive
Recital 265

(265) End-users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the Union for the reception of radio and digital television. Member States should be able to require minimum harmonised standards in respect of such equipment. Such standards could be adapted from time to time in the light of technological and market developments.

Amendment 80 #

Proposal for a directive
Recital 265 a (new)

(265a) In case of emergency, like natural disasters, the electric power supply as well as the mobile network might be shut down or overloaded. Mobile phones might therefore be the only means to receive information. As result, radio may be the only remaining tool to inform the public. Therefore, it is necessary to enable analogue and digital broadcast reception capabilities in all devices, which will be automatically activated in case of emergency. Moreover, the radio signal should be turned on automatically on consumer radio equipment.

Amendment 81 #

Proposal for a directive
Recital 266 a (new)

(266a) All consumer equipment enabling the reception of radio and audio signals should be able to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks. The radio landscape in the Union is still heterogeneous, whilst FM still used as the main broadcasting standard for radio. In order to make listeners enjoy radio when travelling across the Union independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals, especially radio receivers, should be able to receive both analogue and digital radio signals, as well as via IP networks. If markets decide to switch from analogue radio to digital, the availability of a multi standard receiver equipment will save radio stations from losing audience reach.

Amendment 82 #

Proposal for a directive
Recital 266 a (new)

(266a) Radio sets should be capable of receiving radio by analogue and digital broadcasting and/or IP networks in order to ensure that interoperability in the digital age is maintained. This will also improve public safety by allowing listeners to receive information in case of emergency of natural or manmade disaster, as well as traffic information when travelling between Member States, irrespective of the technology used. For this reason the presence of analogue and digital broadcast reception capability should be enabled in all devices and if technically possible automatically activated in case of emergency.

Amendment 83 #

Proposal for a directive
Recital 266 b (new)

(266b) Consumer equipment enabling the reception of radio and audio signals is to possess the capability to receive radio in a technology neutral manner. Therefore, independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals should be able to receive analogue and digital radio reception, and via IP networks. This should not apply to low price and smallest consumer electronics.

Amendment 84 #

Proposal for a directive
Recital 269

(269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘‘Must carry’ obligations are a safety net provided in the interest of citizens to safeguard the principles of media pluralism and cultural diversity through ensuring access to a wide range of information and public value content; 'Must carry’' obligations may be applied to specified radio and ~~television broadcast channel~~audiovisual media services and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives of the public, such as media pluralism and cultural diversity and in line with the evolution of media distribution systems, consumer trends and related business models. Member States should provide an objective justification for the ‘must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. ~~The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure.~~ Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision and rules for proportionate remuneration. Any 'must carry' obligation remains independent from, and does not prejudice, the entitlement of holders of copyright or related rights to obtain fair remuneration for the use of their works or protected subject matter on the network concerned.

Amendment 85 #

Proposal for a directive
Recital 269

(269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘Must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider, without discrimination based on the nature of their funding. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives, in particular media pluralism and cultural diversity. Member States should provide an objective justification for the ‘must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision for proportionate remuneration.

Amendment 86 #

Proposal for a directive
Recital 269

Amendment 87 #

Proposal for a directive
Recital 270

(270) ~~Network~~Electronic communications networks and services used for the distribution of radio or ~~television~~audiovisual media services broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations ~~can~~should include the transmission of services specifically designed to enable ~~appropriate access by disabled user~~equivalent access by users with disabilities. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling~~, audio description~~ for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of accessible programme-related data s~~upporting those functionalities can~~hould be included in must carry obligations.

Amendment 88 #

Sabine VERHEYEN, Bogdan Brunon WENTA

Proposal for a directive
Recital 270

(270) ~~Network~~Electronic communications networks and services used for the distribution of radio or television broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks and services to the extent that a significant number of end- users use such networks ~~as their principal means~~ to receive radio and television broadcasts. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations.

Amendment 89 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which ~~either~~ consists wholly of optical fibre elements at least up to the distribution point at the serving location orunder a fibre to the home configuration or any other type of network which is capable of delivering under usual peak- time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance ~~can be considered similar regardless of wh~~will be assessed solely on the basis of technical paramether ~~the~~s and not take into account end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 90 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1

Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States, the Commission and BEREC shall also contribute to the achievement of these objectives.

Amendment 91 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

National regulatory and other competent authorities ~~may~~shall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.

Amendment 92 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The national regulatory and other competent authorities as well as BEREC ~~shall~~and the Commission, in discharging their respective responsibilities under this Directive, shall pursue each of the general objectives listed below. The expression of the list in the order from (a) to (d) does not constitute a ranking of the general objectives:

Amendment 93 #

Proposal for a directive
Article 3 – paragraph 2 – point a

(a) promote ~~access to, and take-up of,~~the availability and affordability of and access to very high capacity data connectivity, both fixed and mobile and of interpersonal communications services, by all Union citizens and businesses;

Amendment 94 #

Proposal for a directive
Article 3 – paragraph 2 – point c

(c) contribute to the development of the internal market in particular by ensuring effective and fair competition, as well as social and territorial cohesion by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the availability and interoperability of pan- European services, and end-to-end connectivity and equivalent access for all end-users;

Amendment 95 #

Proposal for a directive
Article 3 – paragraph 2 – point c

(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for, ~~investment in and~~ the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, ~~by developing common rules and predictable regulatory approaches,~~ by favouring the effective, efficient and coordinated use of spectrum, ~~open innovation,~~ the establishment and development of trans- European networks, the availability and interoperability of pan- European services, and end-to-end connectivity;

Amendment 96 #

Proposal for a directive
Article 3 – paragraph 2 – point d

(d) promote the interests of the citizens of the Union, including cultural diversity and media pluralism and in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services including through video, real time text, and relay services for end-users with disabilities, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 97 #

Proposal for a directive
Article 3 – paragraph 2 – point d

(d) promote the interests of the citizens of the Union, including in the long term, ~~by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services,~~ by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common minimum level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 98 #

Proposal for a directive
Article 3 – paragraph 3 – point a

(a) ~~promoting regulatory predictability by~~ ensuring a consistent regulatory approach over appropriate review periods and through cooperation with each other, with BEREC and with the Commission;

Amendment 99 #

Proposal for a directive
Article 3 – paragraph 3 – point a a (new)

(aa) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;

source: 602.830

2017/04/06 ITRE 1008 amendments...

Amendment 1000 #

Proposal for a directive
Article 74

Regulatory treatment of new network elements 1. A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met: (a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; (b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks; (c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.Article 74 deleted

Amendment 1001 #

Miapetra KUMPULA-NATRI, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 74

Amendment 1002 #

Proposal for a directive
Article 74 – title

Regulatory treatment of new network elements of very high capacity networks

Amendment 1003 #

Proposal for a directive
Article 74 – paragraph 1

1. A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met: (a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; (b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks; (c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.deleted

Amendment 1004 #

Proposal for a directive
Article 74 – paragraph 1

Amendment 1005 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – introductory part

A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the national regulatory authority concludes that the following cumulative conditions are met:

Amendment 1006 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – introductory part

AIrrespective of its ex-post monitoring powers, a national regulatory authority ~~shall~~may not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:

Amendment 1007 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – introductory part

A national regulatory authority ~~shall not impose~~which intends to impose or maintain obligations as regards new network elements ~~that are part of the relevant market on w~~of very hicgh ~~it intends to impose or maintain obligation~~capacity networks in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, ifshall take into account the following cumulative conditions ~~are met~~to ensure such obligations are proportionate and justified :

Amendment 1008 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – introductory part

A national regulatory authority ~~shall~~may determine not to impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:

Amendment 1009 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – introductory part

Amendment 1010 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

(a) the deployment of the new network elements (i) is conducted by a joint venture established by two or more undertakings with shared ownership, and one or more undertaking participating in the joint venture provides wholesale access or competes on retail level; or (ii) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or (iii) is conducted by a single undertaking that provides a wholesale offer on terms which, similar to conditions for co- investment in subparagraph ii), favour competition in the long term by including, inter alia, fair, reasonable and non- discriminatory terms offered to potential access seekers; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;

Amendment 1011 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

(a) the deployment of the new network elements is either: i) open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; compliance with the criteria set out in Annex IV; or ii) is conducted by a single undertaking that provides a wholesale offer on terms which favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; mechanisms for risk-sharing; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;

Amendment 1012 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

Amendment 1013 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

(a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;. National regulatory authorities shall lay down clear conditions for co-investment in the respective Member States. Co-investment must prevent co-investors or other undertakings from being placed at a competitive disadvantage on the market. Co-investment shall ensure open access for all undertakings wishing to participate in it.

Amendment 1014 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

(a) the deployment of the new network elements is ~~open to~~the result of co-investment ~~offers according to a transparent process and on terms which favour~~which creates effective and sustainable competition ion the ~~long term including inter alia fair, reasonab~~objectively rele vand non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructuret market or which can reasonably be expected to do so. This is the case where the criteria laid down in Annex IV are met;

Amendment 1015 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

(a) the deployment of the new network elements is ~~open~~subject to a co-investment ~~offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia~~agreement where co-investment terms are open to any potential co-investors and are agreed between undertakings on the basis of fair, reasonable ~~and~~, non- discriminatory terms ~~offered to potential co-investors;~~, including technical and financial terms ; favour sustainable competition in the long term, flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;

Amendment 1016 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

(a) ~~the~~in deploy~~ment of~~ing the new network elements ~~is open to co-investment offers~~, investment models shall be used according to a transparent process and on terms which favour sustainable competition in the long term. These shall includ~~ing~~e inter alia co-investment models marked by fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future;, and reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;

Amendment 1017 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

(a) the deployment of the new network elements is ~~open to~~the subject of a co-investment ~~offers~~agreement according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;

Amendment 1018 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

(a) the deployment of the new network elements is open to co-investment ~~offers~~agreement according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;

Amendment 1019 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

(a) the deployment of the new network elements is ~~open to~~done through co-investment ~~offers~~ according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;

Amendment 1020 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a – point i (new)

i) is conducted by a joint venture established by two or more undertakings with shared ownership, and one or more undertaking participating in the joint venture provides wholesale access or competes on retail level; or

Amendment 1021 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a – point ii (new)

ii) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or

Amendment 1022 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a – point iii (new)

iii) is conducted by a single undertaking that provides a wholesale offer on terms which, similar to conditions for co-investment in subparagraph ii), favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;

Amendment 1023 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point b

(b) the deployment of the new network elements ~~contributes significantly to~~results in the deployment of very high capacity networks; or there is a reasonable expectation that it will do so.

Amendment 1024 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c

(c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end- user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;deleted

Amendment 1025 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c

(c) access seekers not participating in ~~the co-investment~~one of the deployment models listed in point (a) can benefit from the same quality, speed, conditions and end- user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; until 8 years after entry into force of this Directive.

Amendment 1026 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c

(c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end- user reach as was available before the deployment, ~~either~~ through commercial agreements based on fair and reasonable terms ~~or by means of regulated access maintained or adapted by the national regulatory authority~~;

Amendment 1027 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c

(c) access seekers not participating in ~~the co-investment~~one of the deployment models listed in point (a) can benefit from the same quality, speed, conditions and end- user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms assessed by, or by means of regulated access maintained or adapted by, the national regulatory authority;

Amendment 1028 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c

Amendment 1029 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.deleted

Amendment 1030 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

When assessing co-investment ~~off~~terms and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those ~~off~~terms and processes comply with the criteria set out in Annex IV and are compliant with competition law. When co-investment terms comply with Annex IV but may create a situation of significant impediment to effective competition, national regulatory authorities shall ensure that proportionate and justified obligations are imposed to address the situation in accordance with articles 66 to 72.

Amendment 1031 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

WThe~~n assessing co-investment offers and processes referred to in point (a)~~ national regulatory authority shall ensure that the conditions for the application of the first ~~sub~~paragraph~~, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV~~ are met. If it establishes that these conditions are not met, it may impose requirements in accordance with Article 66 and Articles 67 to 72.

Amendment 1032 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

When assessing co-investment offers and ~~processe~~agreements referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and ~~processe~~agreements comply with the criteria set out in Annex IV.

Amendment 1033 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

Amendment 1034 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

When assessing ~~co-investment offers and processes referred to in point (a) of the first subparagraph~~deployment models listed in subparagraphs (ii) and (iii) of point (a), national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.

Amendment 1035 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

Amendment 1036 #

Proposal for a directive
Article 74 – paragraph 1 – point 1 (new)

(1) In order to promote effective competition and the deployment of new network elements, and pro-competitive regulatory conditions, Member States shall, in consultation with BEREC, establish fair and reasonable rules for shared networks and commercial access agreements between operators and virtual service providers. Such rules and regulatory conditions shall serve to increase the level of network traffic, so as to facilitate return on investment, thereby promoting effective competition and development towards trans-European networks.

Amendment 1037 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2 a (new)

In case the market analyses conducted by the national regulatory authority results in a finding that the co-investment offers and/or the commercial agreements do not favour sustainable competition, appropriate regulatory obligations on the operators designated as having significant market power on the relevant market shall be maintained or adapted by the national regulatory authority.

Amendment 1038 #

Proposal for a directive
Article 75 – paragraph 1 – subparagraph 1

Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 67 to 72 have failed to achieve effective competition and that there are important and persisting competition problems and/or market failures identified in relation to the wholesale provision of certain access product markets, it may, as an exceptional measure, in accordance with the provisions of the second subparagraph of Article 66(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity or in a separate legal entity.

Amendment 1039 #

Proposal for a directive
Article 75 – paragraph 1 – subparagraph 1

Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 67 to 72 ~~have failed~~are not sufficient to achieve effective competition and that there are important and persisting competition problems and/or market failures identified in relation to the wholesale provision of certain access product markets, it may, as an exceptional measure, in accordance with the provisions of the second subparagraph of Article 66(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity.

Amendment 1040 #

Proposal for a directive
Article 75 – paragraph 1 – subparagraph 2

TIn the case of functional separation, that business entity shall supply access products and services to all undertakings, including to other business entities within the parent company, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes.

Amendment 1041 #

Proposal for a directive
Article 75 – paragraph 1 – subparagraph 2 a (new)

Where the national regulatory authority concludes that even the imposition of a functional separation obligation has failed to achieve effective competition, the national regulatory authority may impose an obligation for legal separation. This obligation may encompass a prohibition that the legally distinct companies are controlled by the same ultimate owner(s) and that any of the companies may exercise a decisive influence by rights, contracts or other means, on the other.

Amendment 1042 #

Proposal for a directive
Article 75 – paragraph 2 – introductory part

2. When a national regulatory authority intends to impose an obligation for functional or legal separation, it shall submit a proposal to the Commission that includes:

Amendment 1043 #

Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1

Undertakings which have been designated as having significant market power in one or several relevant markets in accordance with Article 65 of this Directive shall inform the national regulatory authority three months in advance and in a timely manner, in order to allow the national regulatory authority to assess the effect of the intended transaction, when they intend to transfer their local access network assets or a substantial part thereof to a separate legal entity under different ownership, or to establish a separate business entity in order to provide to all retail providers, including its own retail divisions, fully equivalent access products.

Amendment 1044 #

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 4

On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with Articles 23 and 32~~, applying, if appropriate, the provisions of Article 77~~. In its decision, the national regulatory authority may make the commitments binding, wholly or in part. By way of exception to Article 65(5), the national regulatory authority may make some or all commitments binding for the entire period for which they are offered.

Amendment 1045 #

Proposal for a directive
Article 77

Vertically separate undertakings 1. A national regulatory authority that designates an undertaking which is absent from any retail markets for electronic communications services as having significant market power in one or several wholesale markets in accordance with Article 65 shall consider whether that undertaking has the following characteristics: (a) all companies and business units within the undertaking, including all companies that are controlled but not necessarily wholly owned by the same ultimate owner(s), only have activities, current and planned for the future, in wholesale markets for electronic communications services and therefore do not have activities in any retail market for electronic communications services provided to end-users in the Union; (b) the undertaking does not hold an exclusive agreement, or an agreement which de facto amounts to an exclusive agreement, with a single and separate undertaking operating downstream that is active in any retail market for electronic communications services provided to private or commercial end-users. 2. If the national regulatory authority concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are fulfilled, it may only impose on that undertaking obligations pursuant to Articles 70 or 71. 3. The national regulatory authority shall review obligations imposed on the undertaking in accordance with this Article at any time if it concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are no longer met and shall apply Articles 65 to 72, as appropriate. 4. The national regulatory authority shall also review obligations imposed on the undertaking in accordance with this Article if on the basis of evidence of terms and conditions offered by the undertaking to its downstream customers, the authority concludes that competition problems have arisen to the detriment of end-users which require the imposition of one or more obligations provided in Articles 67, 68, 69 or 72, or the modification of the obligations imposed in accordance with paragraph 2. 5. The imposition of obligations and their review in accordance with this Article shall be implemented in accordance with the procedures referred to in Articles 23, 32 and 33.Article 77 deleted

Amendment 1046 #

Proposal for a directive
Article 77 – paragraph 1 – point b

(b) the undertaking does not hold an exclusive agreement, or an agreement which de jure or de facto amounts to an exclusive agreement, with a single and separate undertaking operating downstream that is active in any retail market for electronic communications services provided to private or commercial end- users, and/or limiting third party access to civil engineering and/or limiting third party access to, and use of specific network elements and associated facilities.

Amendment 1047 #

Proposal for a directive
Article 77 – paragraph 1 – point b a (new)

(b a) the undertaking is not a separated untertaking as referred to in article 75 and 76 ;

Amendment 1048 #

Proposal for a directive
Article 77 – paragraph 2

2. If the national regulatory authority concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are fulfilled, it may only impose on that undertaking obligations pursuant to Articles ~~70 or~~67, 70, 71 and 712.

Amendment 1049 #

Proposal for a directive
Article 77 – paragraph 2

Amendment 1050 #

Proposal for a directive
Article 77 – paragraph 2 a (new)

2 a. The national regulatory authority shall deem that these conditions are fulfilled even if the undertaking offer physical connection to end-users or provide the conveyance of signals and network elements for the realization or the development of a local physical infrastructure for crafts, businesses and professions.

Amendment 1051 #

Proposal for a directive
Article 77 – paragraph 4

4. The national regulatory authority shall also review obligations imposed on the undertaking in accordance with this Article if on the basis of evidence of terms and conditions offered by the undertaking to its downstream customers, the authority concludes that competition problems have arisen to the detriment of end-users which require the imposition of one or more obligations provided in Articles 67, 68, 69 or 72, or the modification of the obligations imposed in accordance with paragraph 2.deleted

Amendment 1052 #

Proposal for a directive
Article 78 – paragraph 2 – subparagraph 1

The national regulatory authority shall ensure that the decommissioning process includes a transparent timetable and conditions, including inter alia an appropriate period of notice and for transition, and establishes the availability of alternative comparable products providing access to network elements substituting the decommissioned infrastructure in a timely manner if necessary to safeguard competition and the rights of end-users.

Amendment 1053 #

Proposal for a directive
Article 78 – paragraph 2 – subparagraph 1

The national regulatory authority shall ensure that the decommissioning process includes a transparent timetable and conditions, including inter alia a concrete deadline, an appropriate period of notice and for transition, and establishes the availability of ~~alternative comparable~~equivalent products providing access to network elements substituting the decommissioned infrastructure if necessary to safeguard competition and the rights of end-users.

Amendment 1054 #

Proposal for a directive
Article 78 – paragraph 2 – subparagraph 2 – point a

(a) the access provider has demonstrably established the appropriate conditions for migration, including making available a comparable alternative access product in a timely manner enabling to reach the same potential end- users, as was available using the legacy infrastructure; and

Amendment 1055 #

Proposal for a directive
Article 78 – paragraph 2 – subparagraph 2 – point a

(a) the access provider has demonstrably established the appropriate conditions for migration, including making available a ~~comparable alternative~~n equivalent access product enabling to reach the same end- users, as was available using the legacy infrastructure; and

Amendment 1056 #

Proposal for a directive
Article 79 – paragraph 1

Amendment 1057 #

Proposal for a directive
Article 79 – paragraph 2

Amendment 1058 #

Proposal for a directive
Article 79 – paragraph 2

2. Member States shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territory. To that end, the functional internet access service shall be capable, both in terms of speed and data volumes, of supporting at least the minimum set of services set out in Annex V. The functional internet access service shall comply with the obligations on open internet laid down in Regulation 2120/2015.

Amendment 1059 #

Proposal for a directive
Article 81 – paragraph 1

1. Where a Member State has duly demonstrated, account taken of the results of the geographical survey conducted in accordance with Article 22(1), that the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voice communications service ~~can~~is not becurrently ensured under normal commercial circumstances or through other potential public policy tools, it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.

Amendment 1060 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 83 – paragraph 1

1. Member States shall ensure that in providing facilities and services additional to those referred to in Article 79, those undertakings providing ~~the~~voice communications and internet access services in accordance with Article 79, 81 and 82 establish terms and conditions in such a way that the end-user is not obliged to pay for facilities or services which are not necessary or not required for the service requested.

Amendment 1061 #

Proposal for a directive
Article 85 – paragraph 1

1. Where, on the basis of the net cost calculation referred to in Article 84, national regulatory authorities find that an undertaking is subject to an unfair burden, Member States shall, upon request from the undertaking concerned, decide: a) to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds; and/or (b) to share the net cost of universal service obligations between providers of electronic communications networks and services and those undertakings providing information society services as defined in Directive 2000/31/EC and which account for a large broadband consumption.

Amendment 1062 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 85 – paragraph 2

to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds. Only the net cost, as determined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed.deleted

Amendment 1063 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 85 – paragraph 2 a (new)

2. Where the net cost is shared under paragraph 1(b), Member States shall establish a sharing mechanism administered by the national regulatory authority or a body independent from the beneficiaries under the supervision of the national regulatory authority. Only the net cost, as determined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed.

Amendment 1064 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 85 – paragraph 2 b (new)

3. A sharing mechanism shall respect the principles of transparency, least market distortion, non-discrimination and proportionality, in accordance with the principles of Annex VII, Part B. Member States may choose not to require contributions from undertakings whose national turnover is less than a set limit.

Amendment 1065 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 85 – paragraph 2 c (new)

4. Any charges related to the sharing of the cost of universal service obligations shall be unbundled and identified separately for each undertaking. Such charges shall not be imposed or collected from undertakings that are not providing services in the territory of the Member State that has established the sharing mechanism.

Amendment 1066 #

Proposal for a directive
Article 87 – paragraph 4 – subparagraph 3

~~BEREC shall establish a central registry on the numbers with a right of extraterritorial use, to which national regulatory authorities shall transmit the relevant information.~~deleted

Amendment 1067 #

Proposal for a directive
Article 88 – paragraph 6 – subparagraph 1

Where the right of use for numbers includes their extraterritorial use within the Union in accordance with Article 87(4), the national regulatory authority shall attach to the right of use specific conditions in order to ensure compliance with all the relevant national consumer protection rules and national laws related to the use of numbers applicable in the Member States where the numbers are used. Member states may not impose additional obligations to these rights of use therafter.

Amendment 1068 #

Proposal for a directive
Article 91 – paragraph 1 – introductory part

1. Member States shall ensure that, where technically and economically feasible, and except where a called end- user has chosen for commercial reasons to limit access by calling parties located in specific geographical areas, national regulatory authorities take all necessary steps to ensure that end-users of voice communications services are able to:

Amendment 1069 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 92 – paragraph 1

Providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or place of residence unless such differences are objectively justified and in compliance with the scope and interpretation of fundamental rights as provided for in Article 52 of the Charter.

Amendment 1070 #

Proposal for a directive
Article 92 – paragraph 1

1. Providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or place of residence unless such differences are objectively justified.

Amendment 1071 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 92 – paragraph 1 a (new)

2. Providers of electronic communications services 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, data and SMS roaming communications, respectively, established in Regulation (EU) No 2015/2120.

Amendment 1072 #

Proposal for a directive
Article 92 a (new)

Article 92 a 1. Providers of electronic communication services to the public shall not apply tariffs for intra-Union fixed and mobile communications services terminating in another Member State different from tariffs for services terminating in the same member state, unless the provider demonstrates the existence of direct costs that are objectively justified. 2. Six months after the entry into force of this Directive, BEREC shall provide guidelines on the recovery of such objectively justified direct costs pursuant to paragraph 1. 3. One year after the entry into force of this Directive and annually thereafter, the European Commission shall provide a report on the application of the obligations of paragraph 1, including an assessment of the evolution of intra- Union communication tariffs.

Amendment 1073 #

Proposal for a directive
Article 93 – title

Fundamental rights ~~safeguard~~

Amendment 1074 #

Proposal for a directive
Article 93 – paragraph 1

1. National measures regarding end- users’ access to, or use of, services and applications through electronic communications networks shall respect the ~~fundamental rights and freedoms, as guaranteed by the~~ Charter of Fundamental Rights of the Union and general principles of Union law.

Amendment 1075 #

Proposal for a directive
Article 93 – paragraph 2

2. Any of these measures regarding end-users’ access to, or use of, services and applications through electronic communications networks liable to ~~restrict those fundamental~~limit the exercise of those rights or freedoms may only be imposed if they are provided for by law and respect ~~the essence~~ of those rights or freedoms~~, are appropriate,~~ recognized by the Charter, are proportionate and necessary, and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others in line with Article 52(1) of the Charter of Fundamental Rights of the European Union and with general principles of Union law, including ~~effective judicial protection and due process~~the right to an effective remedy and to a fair trial. Accordingly, these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy. A prior, fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the Charter ~~of Fundamental Rights of the European Union. The right to effective and timely judicial review shall be guaranteed~~.

Amendment 1076 #

Proposal for a directive
Article 93 – paragraph 2 a (new)

2 a. By ...[date] in order to contribute to the consistent application of fundamental rights safeguard, BEREC shall, after consulting stakeholders and in close cooperation with the Commission and the European Union Agency for Fundamental Rights (FRA), issue guidelines on common approaches to ensure that national measures regarding end-users' access to, or use of, services and applications through electronic communications networks respect the fundamental rights and freedoms, as guaranteed by the Charter and general principles of Union law

Amendment 1077 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 94 – paragraph 1

Amendment 1078 #

Proposal for a directive
Article 94 – paragraph 1

Member States shall ~~not maintain or~~under no circumstance introduce in their national law end-user protection provisions ~~on the subject- matters covered by this Title and div~~that undergmin~~g from~~e the provisions laid down in this Title~~, including more or less stringent provisions to ensure a different~~ as it constitutes the minimum level of end-user protection~~, unless otherwise provided for in this Title~~ to be pursued in the Union.

Amendment 1079 #

José BLANCO LÓPEZ, Soledad CABEZÓN RUIZ, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 95

~~[...]~~deleted

Amendment 1080 #

Proposal for a directive
Article 95 – paragraph 4 a (new)

4 a. Providers of publicly available electronic communications services other than number-independent interpersonal communications services shall incorporate the information mentioned in paragraphs 1, 2 and 4 as part of the contract itself.

Amendment 1081 #

Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – introductory part

By [entry into force + 12 months], ~~BEREC~~the Commission shall issue a decision on a contract summary template, which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2. Those main elements shall include at least complete information on:

Amendment 1082 #

Proposal for a directive
Article 95 – paragraph 6

6. Providers of internet access services and providers of publicly available ~~number-based interpersonal~~voice communications services shall offer end- users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.

Amendment 1083 #

Proposal for a directive
Article 96 – paragraph 1

1. National regulatory authorities shall ensure that the information referred to in Annex VIII is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available ~~electron~~voice communications services other than number-independent interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be publishedr publicly available internet access services.

Amendment 1084 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 96 – paragraph 2 – subparagraph 1

National regulatory authorities ~~shall~~might ensure that end-users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs, and the quality of service performance of different publicly available electronic communications services other than number-independent interpersonal communications services.

Amendment 1085 #

Proposal for a directive
Article 98 – paragraph 3

3. 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 publicly available electronic communications services other than number-independent interpersonal communications services, unless the proposed changes are ~~exclusively to the benefit of the end-user or they are~~ strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least one month in advance, 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. Member States shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end- user at the time of concluding the contract.

Amendment 1086 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 98 – paragraph 4 a (new)

4 a. Any significant discrepancy, continuous or regularly recurring, between the actual performance of the electronic communication service regarding the quality of service parameters and the performance indicated by the provider of the electronic communication service, where the relevant facts are established by a monitoring mechanism certified by the national regulatory authority, be deemed to constitute non-conformity of performance for the purposes of triggering the remedies available to the consumer in accordance with Union and national law.

Amendment 1087 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 99 – paragraph 1 – subparagraph 1

In case of switching between providers of ~~internet acces~~electronic communications services, other than number-independent interpersonal communications services, the providers concerned shall provide the end-user with adequate information before and during the switching process and ensure continuity of the service. The receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end- user. The transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated. Loss of service during the switching process shall not exceed one working day.

Amendment 1088 #

Proposal for a directive
Article 105 – paragraph 1

In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.

Amendment 1089 #

Proposal for a directive
Article 105 – paragraph 1

In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.

Amendment 1090 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘must carry’ obligations, for the transmission of ~~specified radio and television broadcast channel~~radio broadcast channels, audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting ~~connected TV services and~~and ensuring end-user access to connected TV services and to the services specified in electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio ~~or television~~ broadcast channels and audiovisual media services to the public where a significant number of end- users of such networks ~~use them as their principal means~~and services use them to receive radio ~~and television~~ broadcast channels and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 1091 #

Miapetra KUMPULA-NATRI, Flavio ZANONATO, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and ~~television broadcast channel~~audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting ~~connected TV services and~~and enabling end-user access to connected TV services and to the specified services on electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or ~~television broadcast channel~~audiovisual media services to the public where a significant number of end- users of such networks ~~use them as their principal means to receive radio and television broadcast channel~~and services use them to receive radio and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 1092 #

Proposal for a directive
Article 106 – paragraph 2

2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by means of a legal provision, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.

Amendment 1093 #

Proposal for a directive
Article 107 – paragraph 1

1. Without prejudice to Article 83(2), Member States shall ensure that national regulatory authorities are able to require all undertakings that provide internet access services and/or ~~publicly available number- based interpersonal~~voice communications services to make available all or part of the additional facilities listed in Part B of Annex VI, subject to technical feasibility and economic viability, as well as all or part of the additional facilities listed in Part A of Annex VI.

Amendment 1094 #

Proposal for a directive
Article 109

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Articles 40, 60, 73, 102 and 108 shall be conferred on the Commission for an indeterminate period of time from... [date of entry into force of the basic legislative act or any other date set by the co- legislators]. 3. The delegation of power referred to in Articles 40, 60, 73, 102 and 108 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article(s) 40, 60, 73, 102, and 108 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.Article 109 deleted Exercise of the delegation

Amendment 1095 #

Proposal for a directive
Article 114 – paragraph 1 a (new)

1a. In this context it shall assess in particular whether the definition of 'very high capacity networks' reflects the most effective technology currently in use on the market in terms of down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. If significant improvements occur there, or if other performance features have proven relevant, the definition may be amended.

Amendment 1096 #

Proposal for a directive
Article 114 – paragraph 3

3. This review shall be undertaken in the light of social, economic and technological developments, taking into account, inter alia, mobility and data rates in the light of the prevailing technologies used by the majority of end-users . In the context of this review, the definition of 'very high capacity network' shall likewise be assessed, and it shall be reviewed whether the definition still meets current requirements on the basis of technological developments and changing conditions on the market. The Commission shall submit a report to the European Parliament and the Council regarding the outcome of the review.

Amendment 1097 #

Proposal for a directive
Article 114 – paragraph 3 a (new)

3 a. The Commission shall periodically review the application of the fundamental rights safeguard referred to in Article 93. Such review shall be carried out every five year.

Amendment 1098 #

Proposal for a directive
Annex I – paragraph 1

The conditions listed in this Annex provide the maximum list of conditions which may be attached to general authorisations for electronic communications networks and services, except number-independent interpersonal communications services , (Part A), electronic communications networks (Part B), ~~electron~~voice communications services~~, except number- independent interpersonal communication~~ and internet access services, (Part C), rights to use radio frequencies (Part D) and rights to use numbers (Part E).

Amendment 1099 #

Proposal for a directive
Annex I – part A – point 4

4. Enabling of legal interception by competent national authorities in conformity with Directive 2002/58/EC and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data54 . _________________ 54deleted OJ L 281, 23.11.1995, p. 31.

Amendment 1100 #

Proposal for a directive
Annex I – part A – point 4

4. Enabling of legal interception by competent national authorities where the provider is established or operates an electronic communications network and in conformity with Directive 2002/58/EC and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data~~54 . _________________ 54 OJ L 281, 23.11.1995, p. 31~~ and Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters.

Amendment 1101 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Annex I – part A – point 7

7. Access obligations other than those provided for in Article 13 of this Directive applying to undertakings providing electronic communications networks or services., including, for the avoidance of doubt, under Article 59(2)

Amendment 1102 #

Proposal for a directive
Annex I – part B – point 6 a (new)

6 a. Conditions of a re-assessment of rights of use when their duration goes beyond the minimum defined in this Directive.

Amendment 1103 #

Miapetra KUMPULA-NATRI, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Annex I – part D – point 1

1. Obligation to provide a service or to use a type of technology, within the limits of Article 49 of this Directive ~~including~~, to cover close to 100 percent of European citizens and, where appropriate, ~~coverage and~~ quality of service requirements.

Amendment 1104 #

Proposal for a directive
Annex I – part D – point 1

Amendment 1105 #

Proposal for a directive
Annex II – part 2 – point b

(b) Access to electronic programme guides (EPGs), including for information enabling end-user access to connected television services.

Amendment 1106 #

Miapetra KUMPULA-NATRI, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Annex II – part 2 – point b

(b) Access to electronic programme guides (EPGs)., including for data supporting and enabling end-user access to connected TV services

Amendment 1107 #

Miapetra KUMPULA-NATRI, Jeppe KOFOD, Dan NICA, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Annex II – part 2 – point b a (new)

(ba) (c) Access to caching functions.

Amendment 1108 #

Proposal for a directive
Annex II – part 2 a (new)

Amendment 1109 #

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Annex III

Criteria for the determination of wholesale call termination rates Criteria and parameters for the determination of rates for wholesale call termination on fixed and mobile markets, referred to in Article 73 (4): (a) the relevant incremental costs of the wholesale voice call termination service shall be determined by the difference between the total long-run costs of an operator providing its full range of services and the total long-run costs of that operator not providing a wholesale voice call termination service to third parties; (b) only those traffic related costs which would be avoided in the absence of a wholesale voice call termination service being provided shall be allocated to the relevant termination increment; (c) costs related to additional network capacity shall be included only to the extent that they are driven by the need to increase capacity for the purpose of carrying additional wholesale voice call termination traffic; (d) radio spectrum fees shall be excluded from the mobile termination increment; (e) only those wholesale commercial costs shall be included which are directly related to the provision of the wholesale voice call termination service to third parties; (f) all fixed network operators shall be deemed to provide voice call termination services at the same unit costs as the efficient operator, regardless of their size; (g) for mobile network operators, the minimum efficient scale shall be set at a market share not below 20%; (h) the relevant approach for asset depreciation shall be economic depreciation; and (i) the technology choice of the modelled networks shall be forward looking, based on an IP core network, taking into account the various technologies likely to be used over the period of validity of the maximum rate. In the case of fixed networks, calls shall be considered to be exclusively packet switched.deleted

Amendment 1110 #

Miapetra KUMPULA-NATRI, Dan NICA, Jeppe KOFOD, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Annex IV

~~[...]~~deleted

Amendment 1111 #

Proposal for a directive
Annex IV – subheading 1

CRITERIA FOR ASSESSING CO- INVESTMENT ~~OFF~~TERMS

Amendment 1112 #

Proposal for a directive
Annex IV – paragraph 1 – introductory part

When assessing a co-investment offer pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met or there is a reasonable expectation that they will be met:

Amendment 1113 #

Proposal for a directive
Annex IV – paragraph 1 – introductory part

When assessing aoffers for co-investment o~~ffer~~r wholesale access pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met:

Amendment 1114 #

Proposal for a directive
Annex IV – paragraph 1 – introductory part

When assessing a co-investment ~~offer~~terms pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met:

Amendment 1115 #

Proposal for a directive
Annex IV – paragraph 1 – point a

(a) The co-investment offer shall be open to any undertaking over the lifetime of the network built under a co- investment offer on a non-discriminatory basis. The SMP operator may include in the offer reasonable conditions regarding the financial capacity of any undertaking, so that for instance potential co-investors need to demonstrate their ability to deliver phased payments on the basis of which the deployment is planned, the acceptance of a strategic plan on the basis of which medium-term deployment plans are prepared, etc.At least three independent networks exist on the relevant market;

Amendment 1116 #

Proposal for a directive
Annex IV – paragraph 1 – point b – introductory part

(b) The co-investment offer shall be fair, reasonable, non-discriminatory and transparent:

Amendment 1117 #

Proposal for a directive
Annex IV – paragraph 1 – point b – introductory part

(b) The co-investment ~~offer shall be transpare~~project does not discriminate against any participant:;

Amendment 1118 #

Proposal for a directive
Annex IV – paragraph 1 – point b – introductory part

(b) The co-investment ~~offer~~terms shall be transparent:

Amendment 1119 #

Proposal for a directive
Annex IV – paragraph 1 – point b – indent 1

~~- the offer is available and easily identified on the website of the SMP operator;~~deleted

Amendment 1120 #

Proposal for a directive
Annex IV – paragraph 1 – point b – indent 1

- the ~~offer is~~terms are available and easily identified on the website of the SMP operator;

Amendment 1121 #

Proposal for a directive
Annex IV – paragraph 1 – point b – indent 2

- full detailed terms must be made available without undue delay to any potential bidder that has expressed an interest, including the legal form of the co-investment agreement and - when relevant - the heads of term of the governance rules of the co-investment vehicle; andeleted

Amendment 1122 #

Proposal for a directive
Annex IV – paragraph 1 – point b – indent 2

- full detailed terms must be made available without undue delay to any potential bidder that has expressed an interest, including the legal form of the co- investment or wholesale access agreement and - when relevant - the heads of term of the governance rules of the co-investment vehicle; and

Amendment 1123 #

Proposal for a directive
Annex IV – paragraph 1 – point b – indent 3

- The process, like the road map for the establishment and development of the co-investment project must be set in advance, it must clearly explained in writing to any potential co-investor, and all significant milestones be clearly communicated to all undertakings without any discrimination.deleted

Amendment 1124 #

Proposal for a directive
Annex IV – paragraph 1 – point b – indent 3

- The process, like the road map for the ~~establishment and development of the co-investment project~~deployment models pursuant to subparagraphs (ii) and (iii) of Article 74 (1) (a) of the new network elements must be set in advance, it must clearly explained in writing to any potential co-investor and access seeker, and all significant milestones be clearly communicated to all undertakings without any discrimination.

Amendment 1125 #

Proposal for a directive
Annex IV – paragraph 1 – point c – introductory part

(c) ~~The co-investment offer shall include terms to potential co-investors which favour sustainable competition in the long term, in particular:~~No supplier with substantial market power on the relevant market may hold a share of more than 50% of the retail market in the case of networks established by co-investment projects.

Amendment 1126 #

Proposal for a directive
Annex IV – paragraph 1 – point c – introductory part

(c) The ~~co-investment~~ offer shall include terms to potential co-investors and access seekers which favour sustainable competition in the long term, in particular:

Amendment 1127 #

Proposal for a directive
Annex IV – paragraph 1 – point c – introductory part

(c) The co-investment ~~offer~~terms shall include terms to potential co-investors which favour sustainable competition in the long term, in particular:

Amendment 1128 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 1

- All undertakings have to be offered fair, reasonable and non- discriminatory terms and conditions for participation in the co-investment agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of the protection awarded to the co-investors by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-invested network and in terms of the conditions for joining and potentially terminating the co-investment agreement. Non-discriminatory terms in this context do not entail that all potential co-investors must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.deleted

Amendment 1129 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 1

- All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment or wholesale access agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of the protection awarded to the co-investors and access seekers by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the ~~co-invest~~newly deployed network elements and in terms of the conditions for joining and potentially terminating the co-investment ~~agreement~~or wholesale access agreement. Fair, reasonable and non-discriminatory terms shall ensure cost recovery and take into account the risks associated to the investments by the operator. Non-discriminatory terms in this context do not entail that all potential co-investors or access seekers must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.

Amendment 1130 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 1

- All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of access to individual lines, in terms of the protection awarded to the co-investors by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-invested network and in terms of the conditions for joining and potentially terminating the co-investment agreement. Non-discriminatory terms in this context do not entail that all potential co-investors must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.

Amendment 1131 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 2

- The offer must allow flexibility in terms of the value and timing of the commitment provided by each co-investor, for example by means of an agreed and potentially increasing percentage of the total end user lines in a given area, to which co-investors have the possibility to commit gradually and which shall be set at a unit level enabling smaller co- investors to gradually increase their participation while ensuring adequate levels of initial commitment. The determination of the financial consideration to be provided by each co- investor needs to reflect the fact that early investors accept greater risks and engage capital sooner.deleted

Amendment 1132 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 2

- – The offer must allow flexibility in terms of the value and timing of the commitment provided by each co-investor or wholesale access provider, for example by means of an agreed and potentially increasing percentage of the total end user lines in a given area, to which co-investors or access seekers have the possibility to commit gradually ~~and which shall be set at a unit level enabling smaller co-investors to gradually increase their participation~~ while ensuring adequate levels of initial commitment. The determination of the financial consideration to be provided by each co- investor or access seeker needs to reflect the fact that early investors accept greater risks and engage capital sooner.

Amendment 1133 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 3

- A premium increasing over time has to be considered as justified for commitments made at later stages and for new co-investors entering the co- investment after the commencement of the project, to reflect diminishing risks and to counteract any incentive to withhold capital in the earlier stages.deleted

Amendment 1134 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 3

- A premium increasing over time has to be considered as justified for commitments made at later stages and for new co-investors ~~entering the co- investment~~or access seekers entering after the commencement of the project, to reflect diminishing risks and to counteract any incentive to withhold capital in the earlier stages.

Amendment 1135 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 3 a (new)

- Terms and conditions reflecting utilization risks stemming from e.g. low take-up rates compared to overall coverage have to be considered as justified.

Amendment 1136 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 4

- The co-investment agreement has to allow the assignment of acquired rights by co-investors to other co-investors, or to third parties willing to enter into the co- investment agreement subject to the transferee undertaking being obliged to fulfil all original obligations of the transferor under the co-investment agreement.deleted

Amendment 1137 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 4

- – The co-investment or wholesale access agreements hasve to allow the assignment of acquired rights ~~by co-investors~~ to other co- investors, access seekers or to third parties willing to enter into the co- investment or wholesale access agreement subject to the transferee undertaking being obliged to fulfil all original obligations of the transferor under the co-investment or wholesale access agreement.

Amendment 1138 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 5

~~- Co-investors have to grant each other reciprocal rights on fair and reasonab~~dele terms and conditions to access the co-invested infrastructure for the purposes of providing services downstream, including to end-users, according to transparent conditions which have to be made transparent in the co- investment offer and subsequent agreement, in particular where co- investors are individually and separately responsible for the deployment of specific parts of the network. If a co-investment vehicle is created, it has to provide access to the network to all co-investors, whether directly or indirectly, on an equivalence of inputs basis and according to fair and reasonable terms and conditions, including financial conditions that reflect the different levels of risk accepted by the individual co-investors.d

Amendment 1139 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 5

- Co-investors have to grant each other reciprocal rights on fair and reasonable terms and conditions to access the co-invested infrastructure for the purposes of providing services downstream, including to end-users, according to transparent conditions which have to be made transparent in the co- investment offer and subsequent agreement, in particular where co-investors are individually and separately responsible for the deployment of specific parts of the network. If a co-investment vehicle is created, it has to provide access to the network to all co-investors, whether directly or indirectly, on an equivalence of inoutputs basis and according to fair and reasonable terms and conditions, including financial conditions that reflect the different levels of risk accepted by the individual co-investors.

Amendment 1140 #

Proposal for a directive
Annex IV – paragraph 1 – point d

(d) The co-investment offer shall ensure a sustainable investment likely to meet future needs, by deploying new network elements that contribute significantly to the deployment of very high capacity networks.deleted

Amendment 1141 #

Proposal for a directive
Annex IV – paragraph 1 – point d

(d) The co-investment ~~offer shall ensure a sustainable investment likely to meet future needs, by deploying new network e~~project must not have the aim of bringing about, or result in, any restriction of competition between participants or between participants and other suppliers on the same relevant market. Agreements or structures which would be classified as doing so would for examplem ent~~s that contribute significantly to the deployment of very high capacity network~~ail market sharing, exchanges of information, price agreements or agreements concerning technological innovations.

Amendment 1142 #

Proposal for a directive
Annex IV – paragraph 1 – point d

(d) The co-investment ~~offer~~terms shall ensure a sustainable investment likely to meet future needs, by deploying new network elements that contribute significantly to the deployment of very high capacity networks.

Amendment 1143 #

Proposal for a directive
Annex IV – paragraph 1 – point d a (new)

(da) The co-investment project must neither directly nor indirectly produce foreclosure effects which would prevent entry to the relevant market.

Amendment 1144 #

Proposal for a directive
Annex V – point 11 a (new)

(11a) (12) audiovisual media services

Amendment 1145 #

Miapetra KUMPULA-NATRI, Theresa GRIFFIN, Dan NICA, Jeppe KOFOD, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Annex V – point 11 a (new)

(11 a) audiovisual media services

Amendment 1146 #

Proposal for a directive
Annex V – point 11 a (new)

(11 a) e-Health services

Amendment 1147 #

Proposal for a directive
Annex VII – subheading 1

CALCULATING THE NET COST, IF ANY, OF UNIVERSAL SERVICE OBLIGATIONS AND ESTABLISHING ANY RECOVERY OR SHARING MECHANISM IN ACCORDANCE WITH ARTICLES 84 AND 85

Amendment 1148 #

Proposal for a directive
Annex VII – subheading 1 a (new)

PART A: CALCULATION OF NET COST

Amendment 1149 #

Proposal for a directive
Annex VII – paragraph 3 – subparagraph 2 a (new)

PART B: RECOVERY OF ANY NET COSTS OF UNIVERSAL SERVICE OBLIGATIONS The recovery or financing of any net costs of universal service obligations requires designated undertakings with universal service obligations to be compensated for the services they provide under non- commercial conditions. Because such a compensation involves financial transfers, Member States are to ensure that these are undertaken in an objective, transparent, non-discriminatory and proportionate manner. This means that the transfers result in the least distortion to competition and to user demand. In accordance with Article 85(3), a sharing mechanism based on a fund should use a transparent and neutral means for collecting contributions that avoids the danger of a double imposition of contributions falling on both outputs and inputs of undertakings. The independent body administering the fund is to be responsible for collecting contributions from undertakings which are assessed as liable to contribute to the net cost of universal service obligations in the Member State and is to oversee the transfer of sums due and/or administrative payments to the undertakings entitled to receive payments from the fund.

Amendment 1150 #

Proposal for a directive
Annex X – subheading1

~~INTEROPERABILITY OF DIGITAL CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105~~(Does not affect the English version.)

Amendment 1151 #

Proposal for a directive
Annex X – part 2 a (new)

2a. Radio reception interoperability

Amendment 1152 #

Proposal for a directive
Annex X – part 2 b (new)

2b. Any radio equipment placed on the market for sale or rent or made available in the Union must be able to receive digital and analog radio services in accordance with standards adopted by a recognised European standardisation organisation. Where portable equipment sold in the Union contains an analog and/or digital receiver, that receiver must be activated.

Amendment 145 #

Notis MARIAS

Proposal for a directive
Citation 1 a (new)

having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of national parliaments in the European Union,

Amendment 146 #

Notis MARIAS

Proposal for a directive
Citation 1 b (new)

having regard to the Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,

Amendment 147 #

Proposal for a directive
Citation 3

After transmission of the draft legislative act to the national parliaments, having regard to their reasoned opinions,

Amendment 148 #

Proposal for a directive
Recital 3

(3) In the Digital Single Market strategy, the Commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment in high-speed broadband networks, bring a more consistent single market approach to spectrum policy and management, deliver conditions for a true single market by tackling regulatory fragmentation, ensure an effective protection of consumers, a level playing field for all market players and consistent application of the rules, as well as provide a more effective regulatory institutional framework. The Digital Single Market Strategy for Europe also announced the review of Directive 2002/58/EC in order to provide a high level of privacy protection for users of electronic communications services and a level playing field for all market players;

Amendment 149 #

Proposal for a directive
Recital 5

(5) tThis Directive should create a legal framework to ensure the freedom to provide electronic communications networks and services, subject only to the conditions laid down in this Directive and to any restrictions in conformity with Article 52 (1) of the Treaty, in particular measures regarding public policy, public security and public health, and with Article 52 (1) of the Charter of Fundamental Rights of the European Union (the Charter).

Amendment 150 #

Proposal for a directive
Recital 6

(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy~~, public morality~~ and public security, and to permit the investigation, detection and prosecution of criminal offences, taking into account that such measures must be provided for by law, respect the essence of the rights and freedom recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter.

Amendment 151 #

Proposal for a directive
Recital 7

(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. However, it is intended that unless explicitly excluded from the scope of application of the Code, electronic communications networks and services should be covered by this Code. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee media pluralism, cultural diversity and consumer protection. _________________ 21 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).

Amendment 152 #

Proposal for a directive
Recital 7

(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee freedom of expression and information, media pluralism, cultural diversity ~~and~~, consumer protection~~. _________________ 21Directive 2010/13/EU of the European Parliament~~, privacy and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1)protection of personal data.

Amendment 153 #

Proposal for a directive
Recital 7 a (new)

(7a) Member States must, in the interests of media pluralism, cultural diversity and active and informed citizenship, be able to guarantee universal public access to a wide range of high- quality information and content supplied by media service providers, irrespective of developments in media distribution systems and related commercial models.

Amendment 154 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 7 a (new)

(7 a) Member States should be able to ensure, in the interest of media pluralism and cultural diversity and an informed citizenship that citizens have universal access to a wide range of information and public value content provided by media service providers, in line with the evolution of media distribution systems and related business models.

Amendment 155 #

Proposal for a directive
Recital 7 a (new)

Amendment 156 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand for unconstrained use is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters ~~which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the s~~that are capable of deliverving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Vat least 100 Mbps downlink speed upgradable over time to gigabit speeds and contribute to achieving continuous 5G coverage not taking into account variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, no~~ther~~ technologies ~~and~~or transmission media should ~~not~~ be excluded~~, where they compare with this baseline scenario in terms of their capabilities~~. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 157 #

Markus PIEPER, Herbert REUL

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing and will persistently continue to do so in future. While in the past the focus was mainly on growing down- and uplink bandwidth available overall and to each individual user, other parameters like latency, availability and re~~liability~~silience are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed- line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a ~~multi-dwelling~~ building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they ~~compare with this baseline scenario in terms of their capabilities~~have at least the same capabilities as optical fibre in terms of available down- and uplink band width, latency, availability and resilience. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture. In order to take account of future technological developments, it should be possible in future to adjust or supplement the performance features of 'very high capacity networks', provided that doing so serves the purpose of attaining the aims of this directive.

Amendment 158 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture. At present, optical fibre components offer the best available network performance; it ought to be possible to modify the definition of 'very high capacity network' in future in the light of technological changes and constantly changing market conditions.

Amendment 159 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. To allow for other technologies to improve or evolve, a sole focus on optical fibre should be avoided and the principle of technology neutrality should be respected. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 160 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. As 'very high capacity networks' should be of service to end users, their experiences with reference to speed, latency or reliability should be evaluated. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 161 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they ~~com~~participarte ~~with this baseline scenario in terms of their capabilitie~~to bridging the geographical digital divide and ensure a cost-efficient upgrade path to high speed connectivity and high quality services in unserved / underserved areas. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 162 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which ~~are~~meet the needs of the most demanding, digitally intensive end- users, equivalent to what a network ~~based~~consisting onf optical ~~fibre~~ elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation ~~up to a multi-dwelling building~~that reaches to individual households or apartments, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 163 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the ~~serving location~~business, multi-dwelling building or single-family house can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 164 #

Michał BONI, Krišjānis KARIŅŠ

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to ~~a multi-dwelling building~~premises, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 165 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to ~~a multi-dwelling building~~the premises, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of ~~such~~fixed 'very high capacity networks' ~~will further increase the capabilities of networks and pave the way for~~in a fibre to the home configuration and their backhaul capabilities will be a prerequisite for the success of the roll-out of future mobile network generations (5G) based on ~~enhanced air interfaces and~~ a more densified network architecture.

Amendment 166 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to ~~a multi-dwelling building~~the premises, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 167 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to ~~a multi-dwelling building~~premises, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 168 #

Proposal for a directive
Recital 14 a (new)

(14 a) Very significant price differences continue to prevail, both for fixed and mobile communications, between domestic voice and SMS communications and those terminating in another Member State. While there are substantial variations between countries, operators and tariff packages, and between mobile and fixed services, this continues to affect more vulnerable customer groups and to pose barriers to seamless communication within the EU. Any significant retail price differences between electronic communications services terminating in the same Member State and those terminating in another Member State should therefore be justified by reference to objective criteria.

Amendment 169 #

Proposal for a directive
Recital 15

(15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services, although they still do not consider them as substitutes to traditional voice services, due to a perception of different levels of quality, security and interoperability . In order to ensure that end-users are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach. to the extent possible. The existing differences between services should however be acknowledged, online services such as Voice over IP being provided in most cases without having substantial control over the network used for enabling the communication but on the other hand allowing end-user to switch from service to service in an easier manner than from traditional communication services ;The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals" remains an important parameter for determining the services falling into the scope of this Directive, the definition should cover also other services that enable communication in a proportionate manner to deliver the best outcomes for end users. From an end-user's perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service, therefore these services should not be defined on the basis of the technology used, but on the legitimate expectations end-users have for the service provided depending for instance on the price paid or the ease of terminating the contract . The amended definition of electronic communications services should therefore contain three types of services which may partly overlap, that is to say internet access services according to the definition in Article 2(2) of Regulation (EU) 2015/2120, interpersonal communications services as defined in this Directive, and services consisting wholly or mainly in the conveyance of signals. This last category should not include services where connectivity is provided as an input product into connected devices or 'smart goods' or where the provision of connectivity with such products is subject to a contract with the end-user, as they would be considered as embedded digital content or services according to the Directive concerning contracts for the supply of digital content . The definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision-by- provision application of the specific rights and obligations contained in the framework to the different types of services. The processing of personal data by electronic communications services, whether as remuneration or otherwise, must be in compliance with Directive 95/46/EC which will be replaced by Regulation (EU) 2016/679 (General Data Protection Regulation) on 25 May 201823 . _________________ 23 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119, 4.5.2016, p. 1

Amendment 170 #

Proposal for a directive
Recital 15

Amendment 171 #

Proposal for a directive
Recital 15

(15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure that end-users are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach. The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals" ~~remains an important parameter for determining the~~allows to include transmission services ~~falling~~ into the scope of this Directive, the definition should cover also other services that enable communication. From an end-user's perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service. The amended definition of electronic communications services should therefore contain three types of services which may partly overlap, that is to say internet access services according to the definition in Article 2(2) of Regulation (EU) 2015/2120, interpersonal communications services as defined in this Directive, and services consisting wholly or mainly in the conveyance of signals, the third category excluding services which qualify as interpersonal communication services as defined in pargraph (5) of Article 2 of the present Code, information society services, as defined in Article 1 of Directive 98/34/EC and as services providing, or excercising editorial control over, content transmitted using electronic communications networks and services. The definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision-by- provision application of the specific rights and obligations contained in the framework to the different types of services. The processing of personal data by electronic communications services, whether as remuneration or otherwise, must be in compliance with Directive 95/46/EC which will be replaced by Regulation (EU) 2016/679 (General Data Protection Regulation) on 25 May 201823 . _________________ 23 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119, 4.5.2016, p. 1

Amendment 172 #

Proposal for a directive
Recital 16

(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are ~~often~~in some cases supplied against ~~counter-performance other than money, for instance by giving access to personal data or other data~~personal data where such data is used beyond what is essential for the performance of the contract. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user ~~actively~~ provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, directly or indirectly, that is used for a purpose which is not necessary for othe~~r automatically generated information, such as information collected and transmitted by a cookie)~~ performance of the contract . In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24 , remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. _________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.

Amendment 173 #

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information~~, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats~~. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games or document sharing applications, depending on the features of the communication facility of the service. Similarly, to the extent a multi-feature service contains a communications feature or element that (on its particular facts) can properly be considered to be an interpersonal communications service [that can be used on a standalone basis], only that separable feature or element should be considered as an interpersonal communications service.

Amendment 174 #

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services ~~that~~where the principal purpose of the service consists in enableing interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also ~~all types of emails,~~ messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. ~~Under exceptional circumstances, a~~A service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is ~~a purely ancillary feature to ano~~not the main purpose of ther service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services, as the application of the provisions in this Directive would not be proportionate to the level of connectivity provided with this service . An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.

Amendment 175 #

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services provided for remuneration that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.

Amendment 176 #

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a ~~purely ancillary~~ feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.

Amendment 177 #

Proposal for a directive
Recital 18

(18) Interpersonal communications services using numbers from a national and international telephone numbering plan connect with the public (packet or circuit) switched telephone network. Those number-based interpersonal communications services comprise both services to which end-users numbers are assigned for the purpose of ensuring end- to-end connectivity and services enabling end-users to reach persons to whom such numbers have been assigned. The mere use of a number as an identifier should not be considered equivalent to the use of a number to connect with the public switched telephone network, and should therefore, in itself, not be considered sufficient to qualify a service as a number- based interpersonal communications service. In addition where the service provided does not rely on its own infrastructure and therefore does not have substantial control over the network used for enabling the communication, the use of the number should also be considered in a different manner as the obligations would not be proportionate to their ability to deliver a certain quality of service ;Number-independent interpersonal communications services should be subject only to obligations, where public interests require applying specific regulatory obligations to all types of interpersonal communications services, regardless of whether they use numbers for the provision of their service. It is justified to treat number-based interpersonal communications services differently, as they participate in and hence also benefit from a publicly assured interoperable ecosystem.

Amendment 178 #

Proposal for a directive
Recital 23

(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. All the political aims formulated in this paragraph should be regarded as equally important. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas. Fair competition is the most important precondition for investment. The aim is to ensure high- performance infrastructure across the European Union.

Amendment 179 #

Proposal for a directive
Recital 23

(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market ~~and~~, end-user and citizens interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective, sustainable and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the long term interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas, while ensuring economic development in Europe supported by the competitiveness of European industry.

Amendment 180 #

Nadine MORANO

Proposal for a directive
Recital 23

(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses, in particular small and medium-sized enterprises, on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas.

Amendment 181 #

Proposal for a directive
Recital 23

(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to, investment in and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas.

Amendment 182 #

Aldo PATRICIELLO

Proposal for a directive
Recital 23

(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework ~~should, in addition~~must, in parallel to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas.

Amendment 183 #

Proposal for a directive
Recital 24

(24) The principle that Member States should apply EU law in a technologically neutral fashion, that is to say that a national regulatory or other competent authority neither imposes nor discriminates in favour of the use of a particular type of technology, does not preclude the taking of proportionate steps to promote certain specific services where this is justified in order to attain the objectives of the regulatory framework, for example digital television as a means for increasing spectrum efficiency, or generally the migration to enhanced services as a means for increasing consumers' satisfaction. Furthermore, it does not preclude taking into account that certain transmission media have physical characteristics and architectural features that can be superior in terms of quality of service, capacity, maintenance cost, energy efficiency, management flexibility, reliability, robustness and scalability, and ultimately in terms of performance, which can be reflected in actions taken in view of pursuing the various regulatory objectives.

Amendment 184 #

Proposal for a directive
Recital 27

(27) It is necessary to give appropriate incentives for investment in new very high capacity networks that will support innovation in content-rich Internet services and strengthen the international competitiveness of the European Union. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is therefore vital to promote sustainable investment in the development of these new networks, while safeguarding ~~competition~~long- term competition, as remaining bottlenecks and physical barriers to entry remain at the infrastructure level, and boosting consumer choice through regulatory predictability and consistency.

Amendment 185 #

Proposal for a directive
Recital 28

(28) The aim is progressively to reduce ex ante sector-specific rules as competition in the markets develops and, ultimately, for electronic communications to be governed by competition law only. Considering that the markets for electronic communications have shown strong competitive dynamics in recent years, it is essential that ex ante regulatory obligations only be imposed where there is no effective and sustainable long-term competition on the re~~tail markets concerned~~levant markets concerned. However, the markets for electronic communications in Europe being still largely composed of vertically integrated operators which can leverage their dominance in the wholesale market to thereafter increase their dominance in the retail markets, long term competition at the retail level should be ensured by the removal of existing barriers to entry at the infrastructure level.

Amendment 186 #

Proposal for a directive
Recital 33

(33) In accordance with the principle of the separation of regulatory and operational functions, Member States should guarantee the independence of the national regulatory authority and other competent authorities, including from respective governments, with a view to ensuring the impartiality of their decisions. This requirement of independence is without prejudice to the institutional autonomy and constitutional obligations of the Member States or to the principle of neutrality with regard to the rules in Member States governing the system of property ownership laid down in Article 295 of the Treaty. National regulatory and other competent authorities should be in possession of all the necessary resources, in terms of staffing, expertise, and financial means, for the performance of their tasks.

Amendment 187 #

Proposal for a directive
Recital 36

(36) There is a need to further reinforce the independence of the national regulatory authorities to ensure the imperviousness of its head and members to external pressure, by providing minimum appointment qualifications, and a minimum duration for their mandate. Furthermore, the limitation of the possibility to renew more than once their mandate and the requirement for an appropriate rotation scheme for the board and the top management would address the risk of regulatory capture, ensure continuity, and enhance independence. To this end, Member States should also ensure that national regulatory authorities are legally distinct and functionally independent from the industry and government in that they neither seek nor take instructions from any body, they operate in a transparent and accountable manner in accordance with Union law and national law and they have sufficient powers.

Amendment 188 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 40

(40) The benefits of the single market to service providers and end-users can be best achieved by general authorisation of electronic communications networks and of electronic communications services other than number-independent interpersonal communications services, without requiring any explicit decision or administrative act by the national regulatory authority and by limiting any procedural requirements to a declaratory notification only. Where Member States require notification by providers of electronic communications networks or services when they start their activities, ~~this~~one single notification should be submitted to BEREC which acts as a single contact point. Such notification should not entail administrative cost for the providers and cshould be made available via an entry point aton the website of ~~the national regulatory authorities~~BEREC. BEREC should forward in good time the notifications to the national regulatory authority in all Member States in which the providers of electronic communications networks or services intend to provide electronic communications networks or services. Member States can also require proof that notification was made by means of any legally recognised postal or electronic acknowledgement of receipt of the notification to BEREC. Such acknowledgement should in any case not consist of or require an administrative act by the national regulatory authority, or any other authority.

Amendment 189 #

Proposal for a directive
Recital 41

(41) The notification to BEREC should entail a mere declaration of the provider's intention to commence the provision of electronic communications networks and services. A provider may only be required to accompany such declaration by the information set out in Article 12 of this Directive. It should be designed to facilitate a consistent implementation of this Directive as well as to provide the most relevant market knowledge to BEREC and national regulatory authorities. Member States should not impose additional or separate notification requirements.

Amendment 190 #

Proposal for a directive
Recital 42

(42) Contrary to the other categories of electronic communications networks and services as defined in this Directive, number-independent interpersonal communications services do not benefit from the use of public numbering resources and do not participate in a publicly assured interoperable ecosystem. It is therefore not appropriate to subject these types of services to the general authorisation regime Therefore, Member States should not subject such services to prior authorisation or any other equivalent requirement.

Amendment 191 #

Proposal for a directive
Recital 47 a (new)

(47 a) Providers of electronic communication services that operate in more than one member state are still subject to different rules, requirements and reporting obligations despite having the freedom to provide electronic communications networks and services anywhere in Europe, which hinders the development and growth of the internal market for electronic communications. This should therefore be possible for such providers to be granted on single general authorisation by the member state indicated in their notification as the provider's main establishment in the EU. The single general authorisation should include the specific conditions that apply in the different member states of operation to ensure compliance of the service provider with all relevant laws. BEREC should facilitate the coordination and exchange of information to ensure compliance of the service provider with Union and national law. Providers of electronic communication services would still need to obtain specific authorisations for the rights of use for numbers, radio spectrum and for rights to install facilities.

Amendment 192 #

Proposal for a directive
Recital 53

(53) Member States may need to amend rights, conditions, procedures, charges and fees relating to general authorisations and rights of use where this is objectively justified. Such changes should be duly notified to all interested parties in good time, giving them adequate opportunity to express their views on any such amendments. Taking into account the need to ensure legal certainty and to promote regulatory predictability, any restriction or withdrawal of existing rights of use for radio spectrum or to install facilities should be subject to predictable and transparent procedures; hence stricter requirements or a notification mechanism could be imposed where rights of use have been assigned pursuant to competitive or comparative procedures. Unnecessary procedures should be avoided in case of minorRadio spectrum is a scarce resource that belongs to the Member States and that national specificities and needs must be respected as regards management and assignment, as pointed out by the Commission; developing tools aime~~ndments to existing rights to install facilities or to use spectrum when such amendments do not impact on third par~~d to facilitate dissemination of best practices~~' interests. The change in the use of spectrum as a result of the application of technology and service neutrality principl~~ and experiences between Member States should ~~not~~ be considered ~~a sufficient justification for a withdrawal of rights since it does not constitute the granting of a new right~~desirable.

Amendment 193 #

Proposal for a directive
Recital 53

(53) Member States may need to amend rights, conditions, procedures, charges and fees relating to general authorisations and rights of use where this is objectively justified. Such changes should be duly notified to all interested parties in good time, giving them adequate opportunity to express their views on any such amendments. Taking into account the need to ensure legal certainty and to promote regulatory predictability, any restriction or withdrawal of existing rights of use for radio spectrum or to install facilities should be subject to predictable and transparent procedures; hence stricter requirements or a notification mechanism could be imposed where rights of use have been assigned pursuant to competitive or comparative procedures. In the case of right of use for spectrum, the right holder shall have the right to object to any proposed amendment based on its existing and future spectrum usage plan and the need to safeguard investment. Unnecessary procedures should be avoided in case of minor amendments to existing rights to install facilities or to use spectrum when such amendments do not impact on third parties' interests. The change in the use of spectrum as a result of the application of technology and service neutrality principles should not be considered a sufficient justification for a withdrawal of rights since it does not constitute the granting of a new right.

Amendment 194 #

Proposal for a directive
Recital 57

(57) To alleviate reporting and information obligations for network and service providers and the competent authority concerned,such obligations should be proportionate, objectively justified and limited to what is strictly necessary. In particular, duplication of requests for information by the competent authority, and by BEREC and the systematic and regular proof of compliance with all conditions under a general authorisation or a right of use should be avoided. Reporting and information obligations for electronic communication services providers operating in several Member states shall be coordinated through the Member state responsible of granting the single general authorisation, without prejudice to information request related to the granting of rights of use for numbers, radio spectrum and for rights to install facilities. BEREC should facilitate the free flow of information between the concerned Member states. Such information should be requested in a common and standardised format. Undertakings should know the intended use of the information sought. Provision of information should not be a condition for market access. For statistical purposes a notification may be required from providers of electronic communications networks or services when they cease activities.

Amendment 195 #

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services. In gathering this information, the national regulatory authorities, the other competent authorities and BEREC must respect the principle of proportionality. It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.

Amendment 196 #

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information is essential to promote investments , increase connectivity across the EU, give visibility to the involved local authorities and inform the European citizens about their future connectivity. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.

Amendment 197 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should apply the appropriate level of confidentiality when dealing with this data in order to protect sensitive business information and the investment positions of the various market players National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.

Amendment 198 #

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information is essential to promote investments , increase connectivity across the EU, give visibility to the involved local authorities and inform the European citizens about their future connectivity. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.

Amendment 199 #

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information is essential to promote investments , increase connectivity across the EU, give visibility to the involved local authorities and inform the European citizens about their future connectivity. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.

Amendment 200 #

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information ~~and forecasts~~ regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.

Amendment 201 #

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. ~~National regulatory authorities~~Without prejudice to confidentiality requirements and protection of business secrets, National regulatory authorities should make available in an open data format and without restrictions to reuse such surveys and should make available tools to end- users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.

Amendment 202 #

Proposal for a directive
Recital 61

Amendment 203 #

Proposal for a directive
Recital 61

(61) In the case of specific and well defined digital exclusion areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in very high capacity networks. In the interests of predictable investment conditions, national regulatory authorities should be able to share information with undertakings expressing interest in deploying very high-speed networks on whether other types of network upgrades, including those below 100 Mbps download speed, are present or foreseen in the area in question. Taking into account the high potential of satellite technologies in bringing connectivity to digital exclusion areas in a cost-efficient manner, national regulatory authorities should inform satellite operators about such calls as well, in order to promote the use of the best technologies based on regional specificities.

Amendment 204 #

Proposal for a directive
Recital 61

(61) IBridging digital divide in Europe is essential precondition for achieving a gigabit society where all European will have access to internet and digital services. To this end, in the case of specific and well defined digital exclusion areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in very high capacity networks. In the interests of predictable investment conditions, national regulatory authorities should be able to share information with undertakings expressing interest in deploying very high-speed networks on whether other types of network upgrades, including those below 100 Mbps download speed, are present or foreseen in the area in question.

Amendment 205 #

Miapetra KUMPULA-NATRI, Dan NICA, Martina WERNER, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 61

Amendment 206 #

Proposal for a directive
Recital 61

Amendment 207 #

Proposal for a directive
Recital 61

(61) In the case of specific and well defined digital exclusion areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in very high capacity networks. In the interests of predictable investment conditions and taking account of progressive technology innovation, national regulatory authorities should be able to share information with undertakings expressing interest in deploying very high- speed networks on whether other types of network upgrades, including those below 100 Mbps download speed, are present or foreseen in the area in question.

Amendment 208 #

Proposal for a directive
Recital 61 a (new)

(61 a) In underdeveloped areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in high capacity networks able to provide download speed between 30 and 100 Mbps by 2020.

Amendment 209 #

Proposal for a directive
Recital 66

(66) One important task assigned to BEREC is to adopt ~~opin~~decisions in relation to cross-border disputes where appropriate. National regulatory authorities should therefore fully ~~reflect any opin~~implement the decision taken by BEREC in their measures imposing any obligation on an undertaking or otherwise resolving the dispute in such cases.

Amendment 210 #

Proposal for a directive
Recital 84

(84) By virtue of their overall economic expertise and market knowledge, and of the objective and technical character of their assessments, and in order to ensure coherence with their other tasks of market regulation, national regulatory authorities should determine the elements of selection procedures and the conditions attached to the rights of use for spectrum which have the greatest impact on market conditions and the competitive situation, including conditions for entry and expansion. That includes for example the parameters for economic valuation of spectrum in compliance with this Directive, the specification of the regulatory and market- shaping measures such as the use of spectrum caps or reservation of spectrum or the imposition of wholesale access obligations, or the means to define the coverage conditions attached to rights of use. A more convergent use and definition of such elements would be favoured by a coordination mechanism whereby BEREC, the Commission and the national regulatory authorities of the other Member States would review draft measures in advance of the granting of rights of use by a given Member Statein parallel to the national public consultation. It is also important that, prior to defining their country's spectrum policy in relation to spectrum licensing, national regulatory authority be in a position to refer to common set of principles regarding spectrum assignment in the EU. BEREC will be responsible for elaborating and updating such guidelines as soon as practicable after the adoption of the Code. Member States should take the utmost account of BEREC's guidelines. The measure determined by the national regulatory authority can only be a subset of a wider national measure, which may more broadly consist of the granting, trade and lease, duration, renewal or the amendment of rights of use for radio spectrum as well as of the selection procedure or the conditions attached to the rights of use. Therefore, when notifying a draft measure, national regulatory authorities may provide information on other draft national measures related to the relevant selection procedure for limiting rights of use for radio spectrum which are not covered by the peer review mechanism.

Amendment 211 #

Proposal for a directive
Recital 86

(86) Member States should be ~~encoura~~obliged to consider joint authorisations as an option when issuing rights of use where the expected usage covers cross- border situations and there is a significant risk of crossborder harmful interference. They should in addition be encouraged to consider such joint authorisations in particular on request of market participants which provide evidence of a crossborder demand for the provision of paneuropean services.

Amendment 212 #

Proposal for a directive
Recital 86

(86) Member States should be encouraged to consider joint authorisations as an option when issuing rights of use where the expected usage covers cross- border situations. Member States should also have the option of empowering BEREC, RSPG or the Commission with the responsibility of conducting the selection process.

Amendment 213 #

Proposal for a directive
Recital 91 a (new)

(91 a) Providers of public communications networks or of publicly available electronic communications services should inform end- users of measures they can take to protect the security of their communications, for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks should not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge.

Amendment 214 #

Proposal for a directive
Recital 91 a (new)

(91 a) In order to ensure a safeguard to the security and integrity of networks and services, the use of end-to-end encryption should be promoted and, where necessary, be mandatory in accordance with the principles of data protection by design and privacy by design; in particular, Member States should not impose any obligation to encryption providers, providers of electronic communications services and all other organisations (at all levels of the supply chain) that would result in the weakening of the security of their networks and services, such as the allowing or facilitation of "backdoors";

Amendment 215 #

Proposal for a directive
Recital 93

(93) Where the provision of electronic communications relies on public resources whose use is subject to specific authorisation, Member States may grant the authority competent for issuance thereof the right to impose fees to ensure optimal use of those resources, in accordance with the procedures envisaged in this Directive. Such use can be ensured by setting the fees at a level reflecting the value of the spectrum at its next best use. In line with the case-law of the Court of Justice, Member States cannot levy any charges or fees in relation to the provision of networks and electronic communications services other than those provided for by this Directive. In that regard, Member States should have a coherent approach in establishing those charges or fees in order not to provide an undue financial burden linked to the general authorisation procedure or rights of use for undertakings providing electronic communications networks and services.

Amendment 216 #

Proposal for a directive
Recital 95

(95) In line with their role of ensuring optimal use of radio spectrum, fees linked to rights of use for radio spectrum can influence decisions about whether to seek such rights and put into use radio spectrum resources. When setting reserve prices as a means to determine the minimum valuation ensuring optimal use, Member States should therefore ensure that such prices, irrespective of the type of selection procedure used, ~~also~~ reflect and be proportionate to the additional costs associated with the fulfilment of authorisation conditions imposed to further policy objectives that would not reasonably be expected to be met pursuant to normal commercial standards, such as territorial coverage conditions. In doing so, regard should also be had to the competitive situation of the market concerned.

Amendment 217 #

(103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features, while taking into account the principle of technology neutrality, in order to stimulate a combination of the best technologies per region.

Amendment 218 #

Proposal for a directive
Recital 103

(103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features, in accordance with the principle of technology neutrality.

Amendment 219 #

Miapetra KUMPULA-NATRI, Dan NICA, Martina WERNER, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 103

(103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage to cover close to 100 percent of European citizens should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features.

Amendment 220 #

Proposal for a directive
Recital 103

(103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage to cover close to 100 percent of European citizens should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features.

Amendment 221 #

Pilar del CASTILLO VERA

Proposal for a directive
Recital 105

(105) Spectrum harmonisation and coordination and equipment regulation supported by standardisation are complementary need to be coordinated closely to meet their joint objectives effectively, with the support of the RSPG. Coordination between the content and timing of mandates to CEPT under the Radio Spectrum Decision and standardisation requests to standardisation bodies, such as the European Telecommunications Standards Institute, including with regard to radio receivers parameters, should facilitate the introduction of future systems, support spectrum sharing opportunities and ensure efficient spectrum management. Any standards, specifications or recommendations concerning network elements and associated facilities, whether fixed or mobile, should where feasible take into account any access obligations which may need to be imposed pursuant to this Directive.

Amendment 222 #

Proposal for a directive
Recital 106

(106) The demand for harmonised radio spectrum is not uniform in all parts of the Union. In cases where there is lack of demand for a harmonised band at regional or national level, Member States could exceptionally be able to allow an alternative use of the band as long as such lack of demand persists, is based on a forward-looking assessment of market development and provided that the alternative use does not prejudice the harmonised use of the said band by other Member States and that it ceases when demand for the harmonised use materialises.

Amendment 223 #

Proposal for a directive
Recital 111

Amendment 224 #

Proposal for a directive
Recital 113

(113) With growing spectrum demand and new varying applications and technologies which necessitate more flexible access and use of spectrum, Member States should promote the shared use of spectrum by determining the most appropriate authorisation regimes for each scenario and by defining appropriate and transparent rules and conditions therefor. In this process, Member States should guarantee the unhampered continuation of existing services making use of spectrum, such as satellite connectivity of different nature, notably communication, earth observation and geo-navigation. Shared use of spectrum increasingly ensures its effective and efficient use by allowing several independent users or devices to access the same frequency band under various types of legal regimes so as to make additional spectrum resources available, raise usage efficiency and facilitate spectrum access for new users. Shared use can be based on general authorisations or licence-exempt use allowing, under specific sharing conditions, several users to access and use the same spectrum in different geographic areas or at different moments in time. It can also be based on individual rights of use under arrangements such as licenced shared access where all users (with an existing user and new users) agree on the terms and conditions for shared access, under the supervision of the competent authorities, in such a way as to ensure a minimum guaranteed radio transmission quality. When allowing shared use under different authorisation regimes, Member States should not set widely diverging durations for such use under different authorisation regimes.

Amendment 225 #

Proposal for a directive
Recital 119

(119) Member States should only impose, prior to the granting of right, the verification of elements that can reasonably be demonstrated by an applicant exercising ordinary care, taking due account of the important public and market value of radio spectrum as a scarce public resource. This is without prejudice to the possibility for subsequent verification of the fulfilment of eligibility criteria, for example through milestones, where criteria could not reasonably be met initially. To preserve effective and efficient use of radio spectrum, Member States should not grant rights where their review indicates applicants' inability to comply with the conditions, without prejudice to the possibility of facilitating time-limited experimental use. Sufficiently long maximum duration of authorisations for the use of spectrum should increase investment predictability to contribute to faster network roll-out and better services, as well as stability to support spectrum trading and leasing, subject to regular reviews to assess whether market development and technological innovation allow for a more efficient use of spectrum. Unless use of spectrum is authorised for an unlimited period of time, such duration should both take account of the objectives pursued and be sufficient to facilitate recoupment of the investments made. While a longer duration can ensure investment predictability, measures to ensure effective and efficient use of radio spectrum, such as the power of the competent authority to amend or withdraw the right in case of non- compliance with the conditions attached to the rights of use, or the facilitation of radio spectrum tradability and leasing, will serve to prevent inappropriate accumulation of radio spectrum and support greater flexibility in distributing spectrum resources. Greater recourse to annualised fees is also a means to ensure a continuous assessment of the use of the spectrum by the holder of the right.

Amendment 226 #

Proposal for a directive
Recital 119

(119) Member States should only impose, prior to the granting of right, the verification of elements that can reasonably be demonstrated by an applicant exercising ordinary care, taking due account of the important public and market value of radio spectrum as a scarce public resource. This is without prejudice to the possibility for subsequent verification of the fulfilment of eligibility criteria, for example through milestones, where criteria could not reasonably be met initially. To preserve effective and efficient use of radio spectrum, Member States should not grant rights where their review indicates applicants' inability to comply with the conditions, without prejudice to the possibility of facilitating time-limited experimental use. Sufficiently long duration of authorisations for the use of spectrum should increase investment predictability to contribute to faster network roll-out and better services, as well as stability to support spectrum trading and leasing. Unless use of spectrum is authorised for an unlimited period of time, such duration should both take account of the objectives pursued and be sufficient to facilitate recoupment of the investments made. While a longer duration can ensure investment predictability, measures to ensure effective and efficient use of radio spectrum is equally important, such as the power of the competent authority to make a mid-term assessment following the granting of the rights of use, and to amend or withdraw the right in case of non- compliance with the conditions attached to the rights of use, or the facilitation of radio spectrum tradability and leasing, and will serve to prevent inappropriate accumulation of radio spectrum and support greater flexibility in distributing spectrum resources. Greater recourse to annualised fees is also a means to ensure a continuous assessment of the use of the spectrum by the holder of the right.

Amendment 227 #

Proposal for a directive
Recital 124

(124) Measures taken specifically to promote competition when granting or renewing rights of use for radio spectrum should be decided by national regulatory authorities, which have the necessary economic, technical and market knowledge. Spectrum assignment conditions can influence the competitive situation in electronic communications markets and conditions for entry. Limited access to spectrum, in particular when spectrum is scarce, can create a barrier to entry or hamper investment, network roll- out, the provision of new services or applications, innovation and competition. New rights of use, including those acquired through transfer or leasing, and the introduction of new flexible criteria for spectrum use can also influence existing competition. Where unduly applied, certain conditions used to promote competition, can have other effects; for example, spectrum caps and reservations can create artificial scarcity, wholesale access obligations can unduly constrain business models in the absence of market power, and limits on transfers can impede the development of secondary markets. Therefore, a consistent and objective competition test for the imposition of such conditions is necessary and should be applied consistently. The use of such measures should therefore be based on a thorough and objective assessment, by national regulatory authorities, of the market and the competitive conditions thereof. National Regulatory Authorities should however make sure that spectrum is used in an effective and efficient way, facilitating competition and not used only by a limited number of actors in order to limit competition.

Amendment 228 #

Proposal for a directive
Recital 127

(127) Massive growth in radio spectrum demand, and in end-user demand for wireless broadband capacity, calls for solutions allowing alternative, complementary, spectrally efficient access solutions, including low-power wireless access systems with a small-area operating range such as radio local area networks (RLAN) and networks of low-power small- size cellular access points. Such complementary wireless access systems, in particular publicly accessible RLAN access points, increase access to the internet for end-users and mobile traffic off-loading for mobile operators. RLANs use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right. Most RLAN access points are so far used by private users as local wireless extension of their fixed broadband connection. End-users, within the limits of their own internet subscription, should not be prevented from sharing access to their RLAN with others, so as to increase the number of available access points, particularly in densely populated areas, maximise wireless data capacity through radio spectrum re-use and create a cost- effective complementary wireless broadband infrastructure accessible to other end-users. Therefore, unnecessary restrictions to the deployment and interlinkage of RLAN access points should also be removed. Public authorities or public service providers, who use RLANs in their premises for their personnel, visitors or clients, for example to facilitate access to e-Government services or for information on public transport or road traffic management, could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises, to the extent allowed by competition and public procurement rules. Moreover, the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non-commercial basis or as an ancillary service to another activity that is not dependant on such access (such as RLAN hotspots made available to customers of other commercial activities or to the general public in that area) can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end-users or interconnection. However, such provider should not remain subject to the liability rules of Article 12 of Directive 2000/31/EC on electronic commerce35 as the liability of individuals providing local access to third party for a non commercial purpose over content transmitted through their network that they do not control would discourage them to do so. Further technologies such as LiFi are emerging that will complement current radio spectrum capabilities of RLANs and wireless access point to include optical visible light-based access points and lead to hybrid local area networks allowing optical wireless communication. _________________ 35 Directive2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), (OJ L 178, 17.7.2000, p.1).

Amendment 229 #

Proposal for a directive
Recital 127

(127) Massive growth in radio spectrum demand, and in end-user demand for wireless broadband capacity, calls for solutions allowing alternative, complementary, spectrally efficient access solutions, including low-power wireless access systems with a small-area operating range such as radio local area networks (RLAN) and networks of low-power small- size cellular access points. Such complementary wireless access systems, in particular publicly accessible RLAN access points, increase access to the internet for end-users and mobile traffic off-loading for mobile operators. RLANs use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right. Most RLAN access points are so far used by private users as local wireless extension of their fixed broadband connection. End-users, within the limits of their own internet subscription, should ~~not be prevented from~~be encouraged to shar~~ing~~e access to their RLAN with others, so as to increase the number of available access points, particularly in densely populated areas, maximise wireless data capacity through radio spectrum re- use and create a cost- effective complementary wireless broadband infrastructure accessible to other end-users. Therefore, unnecessary restrictions to the deployment and interlinkage of RLAN access points should also be removed. Public authorities or public service providers, who use RLANs in their premises for their personnel, visitors or clients, for example to facilitate access to e-Government services or for information on public transport or road traffic management, could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises, to the extent allowed by competition and public procurement rules. Moreover, the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non-commercial basis or as an ancillary service to another activity that is not dependant on such access (such as RLAN hotspots made available to customers of other commercial activities or to the general public in that area) can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end-users or interconnection. However, such provider, as well as end users or consumers sharing access should remain subject to the liability rules of Article 12 of Directive 2000/31/EC on electronic commerce35 . Further technologies such as LiFi are emerging that will complement current radio spectrum capabilities of RLANs and wireless access point to include optical visible light-based access points and lead to hybrid local area networks allowing optical wireless communication. _________________ 35 Directive2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), (OJ L 178, 17.7.2000, p.1).

Amendment 230 #

Proposal for a directive
Recital 138

(138) In case such interoperability issues arise, the Commission may request a BEREC report which should provide a factual assessment of the market situation at the Union and Member States level. On the basis of the BEREC report and other available evidence and taking into account the effects on the internal market, the Commission should decide whether there is a need for regulatory intervention by national regulatory authorities. If the Commission considers that such regulatory intervention should be considered by National Regulatory Authorities, it may adopt implementing measures specifying the nature and scope of possible regulatory interventions by NRAs, including in particular measures to impose the mandatory use of standards or specifications on all or specific providers. The terms 'European standards' and 'international standards' are defined in Article 2 of Regulation (EU) No 1025/2012.36 National regulatory authorities should assess, in the light of the specific national circumstances, whether any intervention is necessary and justified to ensure end-to-end-connectivity or access to emergency services, and if so, impose proportionate obligations in accordance with the Commission implementing measures. National regulatory authorities should not add additional requirements to the Commission implementing measures as it would create barriers to the internal market. _________________ 36 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council [OJ L 364 of 14.11.2012, p.12]

Amendment 231 #

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. National regulatory authorities should not impose obligations beyond the first concentration or distribution point when access is already provided at a technical level that allows the access seeker the same functionality and ability to control and tailor its services and costs in a similar way as if they would have enjoyed access through symmetrical regulation. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.

Amendment 232 #

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances in line with the objectives of this directive, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.

Amendment 233 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances in line with the objectives of this directive, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.

Amendment 234 #

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances in line with the objectives of this directive, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.

Amendment 235 #

Proposal for a directive
Recital 139

Amendment 236 #

Proposal for a directive
Recital 139

Amendment 237 #

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligatThe EU cost reduction directive (2014/61/EU) contains additional elements of symmetrical regulation. It requires the European Commissions to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteriasubmit a report on the implementation of this directive to the European Parliament and the Council by 1 July 2018. The findings of the implementation report should first be awaited, to provide a basis for deciding whether additional elements of symmetrical regulation are needed.

Amendment 238 #

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to ~~the first~~a distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The ~~first~~ distribution point sh~~ould be identified by reference to objective criteria~~all be determined by the national regulatory authority. In determining the location of this point, national regulatory authorities shall weigh the benefits resulting from infrastructure competition and the need to avoid inefficient replication of network elements.

Amendment 239 #

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all o~~perator~~wners of wiring and cables or undertakings that have the right to use such wiring and cables, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria.

Amendment 240 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 139 a (new)

(139 a) In geographic areas where markets, by virtue of prospective investments or commercial agreements, including co-investment agreements, show or can be expected on a forward- looking basis to qualify as an oligopoly, the promotion of competition and safeguarding of end-user benefits are likely to be compromised. When national regulatory authorities can identify Unilateral Market Power (UMP), it is appropriate for them to be active and conduct specific monitoring on an ex ante basis and they are more likely to need to impose or maintain ex-ante obligations. This applies a fortiori if a wholesale market is concerned.

Amendment 241 #

Proposal for a directive
Recital 139 a (new)

(139 a) In geographic areas where markets, by virtue of prospective investments or commercial agreements, including co-investment agreements, show or can be expected on a forward- looking basis to qualify as an oligopoly, the promotion of competition and safeguarding of end-user benefits are likely to be compromised. In such cases, it is appropriate for national regulatory authorities to be vigilant and conduct specific monitoring on an ex ante basis and national regulatory authorities are more likely to need to impose or maintain ex-ante obligations. This applies a fortiori if a wholesale market is concerned.

Amendment 242 #

Proposal for a directive
Recital 140

(140) It could be justified to extend access obligations to wiring and cables beyond the first concentration point in areas with lower population density, while confining such obligations to points as close as possible to end-users, where it is demonstrated that replication would also be impossible beyond that first concentration pointdeleted

Amendment 243 #

Proposal for a directive
Recital 140

(140) It could be justified to extend access obligations to wiring and cables beyond the first concentration point, in particular in areas with lower population density, while confining such obligations to points as close as possible to end-users, where it is demonstrated that replication would also be impossible beyond that first concentration point

Amendment 244 #

Proposal for a directive
Recital 140

(140) It could be justified to extend access obligations to wiring and cables beyond ~~the first~~a concentration point ~~in areas with lower population density, while confining such obligations to points as close as possible to end-users,~~determined by the national regulation authority, in areas with lower population density where it is demonstrated that replication would also be economically unviable or physically impossible beyond that ~~first~~ concentration point

Amendment 245 #

Proposal for a directive
Recital 141

(141) In such cases, in order to comply with the principle of proportionality, it can be appropriate for national regulatory authorities to exclude certain categories of owners or undertakings, or both, from obligations going beyond the first distribution point, on the grounds that an access obligation not based on significant market power would risk compromising their business case for recently deployed network elements. Structurally separated undertakings should not be subject to such access obligations if they offer an effective alternative access on a commercial basis to a very high capacity network.deleted

Amendment 246 #

Proposal for a directive
Recital 141

Amendment 247 #

Proposal for a directive
Recital 142

(142) Sharing of passive ~~or active~~ infrastructure used in the provision of wireless electronic communications services, ~~or the joint roll-out of such infrastructures,~~ in compliance with competition law principles can be particularly useful to maximise very high capacity connectivity throughout the Union, especially in less dense areas where replication is impracticable and end-users risk being deprived of such connectivity. National regulatory authorities should, exceptionally, be enabled to impose such sharing ~~or joint roll-out~~, or localised roaming access, in compliance with Union law, if they demonstrate the benefits of such sharing or access in terms of overcoming very significant barriers to replication and of addressing otherwise severe restrictions on end-user choice or quality of service, or both, or on territorial coverage, and taking into account several elements, including in particular the need to maintain infrastructure roll-out incentives. Access to wiring and cables inside buildings remains an important obstacle to competition. It is important to ensure that any interested third party receives access to information retained by owners or users of such in-building infrastructure and that all reasonable access requests be met.

Amendment 248 #

Proposal for a directive
Recital 143

(143) While it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end-to-end connectivity or interoperability of services, it is however necessary to ensure that such obligations are imposed in conformity with the regulatory framework and, in particular, its notification procedures. Such obligations must only be imposed where justified in order to secure the objectives of this Directive, and where they are objectively justified, transparent, proportionate and non-discriminatory for the purpose of promoting efficiency, sustainable competition, efficient investment and innovation, and giving the maximum benefit to end-users, and imposed in conformity with the relevant notification procedures.

Amendment 249 #

Proposal for a directive
Recital 143

Amendment 250 #

Proposal for a directive
Recital 147

(147) Two or more undertakings can be found to enjoy a joint dominant position not only where there exist structural or other links between them but also where the structure of the relevant market is conducive to coordinated effects, that is, it encourages parallel or aligned anti- competitive behaviour on the market. In light of the increased convergence and consolidation in electronic communications markets, including in some cases content-related markets, with increasing markets being composed of oligopolies or duopolies, that could lead to the ineffectiveness of the current SMP framework, there is a need to consider whether two or more undertakings can also be found to have a position equivalent to having significant market power where they might significantly impede effective competition. The assessment should take into account the relevant markets including but not limited to the market shares of other market participants, the market power of an undertaking on closely related markets, barriers to entry, market concentration, product differentiation, capacity constraints and switching costs.

Amendment 251 #

Proposal for a directive
Recital 155

(155) For national regulatory authorities t~~he starting point for~~o facilitate the identification of wholesale markets susceptible to ex ante regulation i~~s the analysis of corresponding~~t might be appropriate to analyse the relevant retail markets. It is however not necessary to formally define the retail markets when the focus of the market analysis procedure is on a wholesale market as an wholesale market might correspond to more than one retail markets. The analysis of effective competition at the retail and at the wholesale level is conducted from a forward-looking perspective over a given time horizon, and is guided by competition law, including the relevant case-law of the Court of Justice, as appropriate. If it is concluded that a retail markets would be effectively competitive in the absence of ex ante wholesale regulation on the corresponding relevant market(s), this ~~should~~may lead the national regulatory authority to conclude that regulation is no longer needed at the relevant wholesale level.

Amendment 252 #

Proposal for a directive
Recital 157

(157) When assessing wholesale regulation to solve problems at the retail level, national regulatory authorities should take into account that several wholesale markets can provide wholesale upstream inputs for a particular retail market, and conversely, one wholesale market can provide wholesale upstream inputs for a variety of retail markets. Furthermore, competitive dynamics in a particular market can be influenced by markets that are contiguous but not in a vertical relationship, such as can be the case between certain fixed and mobile markets. National regulatory authorities should conduct that assessment for each individual wholesale market considered for regulation, ~~starting with~~assessing whether remedies for access to civil infrastructure, as such remedies ~~are~~being usually conducive to more sustainable competition including infrastructure competition, but at the same time subject to availability or physical constraints, or remedies for access to associated facilities, are the most appropriate and thereafter analysing any wholesale markets considered susceptible to ex ante regulation in order of their likely suitability to address identified competition problems at retail level. When deciding on the specific remedy to be imposed, national regulatory authorities should assess its technical feasibility and carry out a cost- benefit analysis, having regard to its degree of suitability to address the identified competition problems at retail level, and enabling sustainable competition based on differentiation and technological neutrality . National regulatory authorities should consider the consequences of imposing any specific remedy which, if feasible only on certain network topologies, could constitute a disincentive for the deployment of very high capacity networks in the interest of end-users. In addition, national regulatory authorities should provide incentives through the remedies imposed, and where it is possible before the roll-out of infrastructure, for the development of flexible and open network architecture, which would reduce eventually the burden and complexity of remedies imposed at a later stage. At each stage of the assessment, before the national regulatory authority determines whether any additional remedy should be imposed on the significant market power operator, it should seek to determine whether the re~~tail~~levant markets concerned would be effectively competitive in the light of any relevant commercial arrangements or other wholesale market circumstances, including other types of regulation already in force, such as for example general access obligations to non-replicable assets or obligations imposed pursuant to Directive 2014/61/EU, and of any regulation already deemed appropriate by the national regulatory authority for an operator with significant market power. Even if such differences do not result in the definition of distinct geographic markets, they may justify differentiation in the appropriate remedies imposed in the light of the diferring intensity of competitive constraints.

Amendment 253 #

Proposal for a directive
Recital 164

(164) When assessing the proportionality of the obligations and conditions to be imposed, national regulatory authorities should take into account the different competitive conditions existing in the different areas within their Member States having regard in particular to the results of the geographical survey conducted in accordance with this Directive. National regulatory authorities shall ensure that the obligations they impose on operators designated with significant market power are effective. National regulatory authorities may set in advance penalty schemes to be applied in the event of a breach of those obligations.

Amendment 254 #

Werner LANGEN, Sabine VERHEYEN, Norbert LINS, Markus PIEPER

Proposal for a directive
Recital 164

(164) When assessing the proportionality of the obligations and conditions to be imposed, national regulatory authorities should take into account the different competitive conditions existing in the different areas within their Member States having regard in particular to the results of the geographical survey conducted in accordance with this Directive . In order to ensure that operators with significant market power genuinely comply with obligations, national regulatory authorities may make provision for penalties for infringements.

Amendment 255 #

Proposal for a directive
Recital 172

(172) Civil engineering assets that can host an electronic communications network are crucial for the successful roll-out of new very high capacity networks because of the high cost of duplicating them, and the significant savings that can be made when they can be reused. Therefore, in addition to the rules on physical infrastructure laid down in Directive 2014/61/EU, a specific remedy is necessary in those circumstances where civil engineering assets are owned by an operator designated with significant market power. Where civil engineering assets exist and are reusable, the positive effect of achieving effective access to them on the roll-out of competing infrastructure is very high, and it is therefore necessary to ensure that access to such assets can be used as a self-standing remedy for the improvement of competitive and deployment dynamics in any downstream market, to be considered before assessing the need to impose any other potential remedies, and not just as an ancillary remedy to other wholesale products or services or as a remedy limited to undertakings availing of such other wholesale products or services. National regulatory authorities should value reusable legacy civil engineering assets on the basis of the regulatory accounting value net of the accumulated depreciation at the time of calculation, indexed by an appropriate price index, such as the retail price index, and excluding those assets which are fully depreciated, over a period of not less than 40 years, but still in use.deleted

Amendment 256 #

Proposal for a directive
Recital 172

(172) Civil engineering assets that can host an electronic communications network are crucial for the successful roll-out of new very high capacity networks because of the high cost of duplicating them, and the significant savings that can be made when they can be reused. Therefore, in addition to the rules on physical infrastructure laid down in Directive 2014/61/EU, a specific remedy is necessary in those circumstances where civil engineering assets are owned by an operator designated with significant market power. Where civil engineering assets exist and are reusable, the positive effect of achieving effective access to them on the roll-out of competing infrastructure is very high, and it is therefore necessary to ensure that access to such assets can be used as a self-standing remedy for the improvement of competitive and deployment dynamics in any downstream market, to be considered before assessing the need to impose any other potential remedies, and not just as an ancillary remedy to other wholesale products or services or as a remedy limited to undertakings availing of such other wholesale products or services. However, access to such assets can be limited by physical constraints or limited availability, therefore equivalent means of access such as access to dark fiber should also be considered. National regulatory authorities should value reusable legacy civil engineering assets on the basis of the regulatory accounting value net of the accumulated depreciation at the time of calculation, indexed by an appropriate price index, such as the retail price index, and excluding those assets which are fully depreciated, over a period of not less than 40 years, but still in use.

Amendment 257 #

Werner LANGEN, Norbert LINS, Sabine VERHEYEN

Proposal for a directive
Recital 172

(172) Civil engineering assets that can host an electronic communications network or passive infrastructure such as inactive cables are crucial for the successful roll- out of new very high capacity networks because of the high cost of duplicating them, and the significant savings that can be made when they can be reused. Therefore, in addition to the rules on physical infrastructure laid down in Directive 2014/61/EU, a specific remedy is necessary in those circumstances where civil engineering assets are owned by an operator designated with significant market power. Where civil engineering assets or passive infrastructure exist and are reusable, the positive effect of achieving effective access to them on the roll-out of competing infrastructure is very high, and it is therefore necessary to ensure that access to such assets can be used as a self- standing remedy for the improvement of competitive and deployment dynamics in any downstream market, to be considered before assessing the need to impose any other potential remedies, and not just as an ancillary remedy to other wholesale products or services or as a remedy limited to undertakings availing of such other wholesale products or services. National regulatory authorities should value reusable legacy civil engineering assets on the basis of the regulatory accounting value net of the accumulated depreciation at the time of calculation, indexed by an appropriate price index, such as the retail price index, and excluding those assets which are fully depreciated, over a period of not less than 40 years, but still in use.

Amendment 258 #

Proposal for a directive
Recital 173

(173) National regulatory authorities should, when imposing obligations for access to new and enhanced infrastructures, ensure that access conditions reflect the circumstances underlying the investment decision, taking into account, inter alia, the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, in order to provide planning certainty to investors, national regulatory authorities should be able to set, if applicable, terms and conditions for access which are consistent over appropriate review periods. In the event that price controls are deemed appropriate, such terms and conditions can include pricing arrangements which depend on volumes or length of contract in accordance with Union law and provided they have no discriminatory effect. Any access conditions imposed should respect the need to preserve effective competition in services to consumers and businesses. Each obligation should be assessed separately; with one exception, there is no hierarchy among the obligations that national regulatory authorities may impose. However, in accordance with the principle of proportionality, an obligation regarding access to certain network facilities and their use may be imposed only if an obligation of access to civil engineering assets is either not imposed or not imposed effectively.

Amendment 259 #

Proposal for a directive
Recital 173

(173) National regulatory authorities should, when imposing obligations for access to new and enhanced infrastructures, ensure that access conditions reflect the circumstances underlying the investment decision, taking into account, inter alia, the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, in order to provide planning certainty to investors, national regulatory authorities should be able to set, if applicable, terms and conditions for access which are consistent over appropriate review periods. In the event that price controls are deemed appropriate, such terms and conditions can include pricing arrangements which depend on volumes or length of contract in accordance with Union law and provided they have no discriminatory effect. Any access conditions imposed should respect the need to preserve effective competition in services to consumers and businesses. Each obligation shall be assessed separately and there is no hierarchy between the various obligations which national regulatory authorities can impose with one exception. In compliance with the principle of proportionality, the obligation to provide access to and use of specific network facilities shall only be imposed if the obligation to provide access to civil engineering is not or unlikely to be effective.

Amendment 260 #

Proposal for a directive
Recital 175

(175) In geographic areas where two access networks can be expected on a forward-looking basis, end-users are more likely to benefit from improvements in network quality, by virtue of infrastructure-based competition, than in areas where only one network persists. The adequacy of competition on other parameters, such as price and choice, is likely to depend on the national and local competitive circumstances. Where at least one of the network operators offers wholesale access to any interested undertaking on reasonable commercial terms permitting sustainable competition on the retail market, national regulatory authorities are unlikely to need to impose or maintain SMP-based wholesale access obligations, beyond access to civil infrastructure, therefore reliance can be placed on the application of general competition rules. This applies a fortiori if both network operators offer reasonable commercial wholesale access. In both such cases, it may be more appropriate for national regulatory authorities to rely on specific monitoring on an ex post basis. Where on a forward-looking basis, three access network operators are present or are expected to be present and to sustainably compete in the same retail and wholesale markets (e.g. as can be the case for mobile, and as can occur in some geographic areas for fixed-line networks, especially where there is effective access to civil infrastructure and/or co- investment, such that three or more operators have effective control over the necessary access network assets to meet retail demand), national regulatory authorities will be less likely to identify an operator as having SMP, unless they make a finding of collective dominance, or if each of the undertakings in question has significant market power in distinct wholesale markets, such as in the case of voice call termination markets. The application of general competition rules in such markets characterised by sustainable and effective infrastructure- based competition should be sufficient.deleted

Amendment 261 #

Proposal for a directive
Recital 175

Amendment 262 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Jeppe KOFOD

Proposal for a directive
Recital 175

Amendment 263 #

Proposal for a directive
Recital 175

Amendment 264 #

Proposal for a directive
Recital 175

Amendment 265 #

Proposal for a directive
Recital 175

(175) In geographic areas where two access networks can be expected on a forward-looking basis, end-users are more likely to benefit from improvements in network quality, by virtue of infrastructure- based competition, than in areas where only one network persists. The adequacy of competition on other parameters, such as price and choice, is likely to depend on the national and local competitive circumstances. Where at least one of the network operators offers wholesale access to any interested undertaking on reasonable commercial terms permitting long term sustainable competition on the re~~tail~~levant markets, national regulatory authorities are unlikely to need to impose or maintain SMP-based wholesale access obligations, beyond access to civil infrastructure, therefore reliance can be placed on the application of general competition rules. This applies a fortiori if both network operators offer reasonable commercial wholesale access. In both such cases, it may be more appropriate for national regulatory authorities to rely on specific monitoring on an ex post basis. Where on a forward- looking basis, three access network operators are present or are expected to be present and to sustainably compete in the same retail and wholesale markets (e.g. as can be the case for mobile, and as can occur in some geographic areas for fixed- line networks, especially where there is effective access to civil infrastructure and/or co-investment, such that three or more operators have effective control over the necessary access network assets to meet retail demand), national regulatory authorities will be less likely to identify an operator as having SMP, unless they make a finding of collective dominance, or significant impediment to effective competition, or if each of the undertakings in question has significant market power in distinct wholesale markets, such as in the case of voice call termination markets. The application of general competition rules in such markets characterised by sustainable and effective infrastructure-based competition should be sufficient.

Amendment 266 #

Proposal for a directive
Recital 177

(177) Price control may be necessary when market analysis in a particular market reveals inefficient competition. In particular, operators with significant market power should avoid a price squeeze whereby the difference between their retail prices and the interconnection and/or access prices charged to competitors who provide similar retail services is not adequate to ensure sustainable competition. When a national regulatory authority calculates costs incurred in establishing a service mandated under this Directive, it is appropriate to allow a reasonable return on the capital employed including appropriate labour and building costs, with the value of capital adjusted where necessary to reflect the current valuation of assets and efficiency of operations. The method of cost recovery should be appropriate to the circumstances taking account of the need to promote efficiency, sustainable competition and deployment of very high capacity networks and thereby maximise end-user benefits, and should take in account the need to have predictable and stable wholesale prices for the benefit of all operators seeking to deploy new and enhanced networks, in accordance with Commission guidance37 . _________________ 37 Commission Recommendation 2013/466/EU of 11 September 2013 on consistent non-discrimination obligations and costing methodologies to promote competition and enhance the broadband investment environment, OJ L 251, 21.9.2013, p. 13.

Amendment 267 #

Proposal for a directive
Recital 178

(178) Due to uncertainty regarding the rate of materialisation of demand for the provision of next-generation broadband services it is important in order to promote efficient investment and innovation to allow those operators investing in new or upgraded networks a certain degree of pricing flexibility. To prevent excessive prices in markets where there are operators designated as having significant market power, pricing flexibility should be accompanied by additional safeguards to protect competition and end-user interests, such as strict non- discrimination obligations, measures to ensure technical and economic replicability of downstream products, and a demonstrable retail price constraint resulting from infrastructure competition or a price anchor stemming from other regulated access products, or both. Those competitive safeguards do not prejudice the identification by national regulatory authorities of other circumstances under which it would be appropriate not to impose regulated access prices for certain wholesale inputs, such as where high price elasticity of end-user demand makes it unprofitable for the operator with significant market power to charge prices appreciably above the competitive level.deleted

Amendment 268 #

Proposal for a directive
Recital 178

(178) Due to uncertainty regarding the rate of materialisation of demand for the provision of next-generation broadband services it is important in order to promote efficient investment and innovation to allow those operators investing in new or upgraded networks a certain degree of pricing flexibility. To prevent excessive prices in markets where there are operators designated as having significant market power, pricing flexibility should be accompanied by additional safeguards to protect competition and end-user interests, such as ~~strict~~effective non-discrimination obligations, measures to ensure technical and economic replicability of downstream products, and a demonstrable retail price constraint resulting from infrastructure competition ~~or a price anchor stemming from other regulated access products, or both~~. To this end, it is important to ensure that any safeguard limiting pricing flexibility does not negatively impact investments in new or upgraded networks. This includes, inter alia, that price controls based on retail prices must not lead to a level of regulated wholesale prices that does not allow to recover the costs connected to the deployment and operating of new networks and thus to a situation where the investing operator is put in a worse position than non-investing access seekers. Those competitive safeguards do not prejudice the identification by national regulatory authorities of other circumstances under which it would be appropriate not to impose regulated access prices for certain wholesale inputs, such as where high price elasticity of end-user demand makes it unprofitable for the operator with significant market power to charge prices appreciably above the competitive level.

Amendment 269 #

Proposal for a directive
Recital 180

(180) The charging system in the Union for wholesale voice call termination is based on Calling Party Network Pays. An analysis of demand and supply substitutability shows that currently or in the foreseeable future, there are as yet no substitutes at wholesale level which might constrain the setting of charges for termination in a given network. Taking into account the two-way access nature of termination markets, further potential competition problems include cross- subsidisation between operators. These potential competition problems are common to both fixed and mobile voice call termination markets. Therefore, in the light of the ability and incentives of terminating operators to raise prices substantially above cost, cost orientation is considered the most appropriate intervention to address this concern over the medium term.deleted

Amendment 270 #

Proposal for a directive
Recital 181

(181) In order to reduce the regulatory burden in addressing the competition problems relating to wholesale voice call termination coherently across the Union, this Directive should lay down a common approach as a basis for setting price control obligations, to be completed by a binding common methodology to be determined by the Commission and by technical guidance which should be developed by BEREC.deleted

Amendment 271 #

Proposal for a directive
Recital 182

(182) In order to simplify their setting and facilitate their imposition where appropriate, wholesale voice call termination rates in fixed and mobile markets in the Union shall be set by means of a delegated act. This Directive should lay down the detailed criteria and parameters on the basis of which the values of voice call termination rates are set. In applying that set of criteria and parameters, the Commission should take into account, inter alia, that only those costs which are incremental to the provision of wholesale call termination service should be covered; that spectrum fees are subscriber- and not traffic-driven and should therefore be excluded and that additional spectrum is mainly allocated for data and therefore not relevant for the call termination increment; that it is recognised that while in mobile networks a minimum efficient scale is estimated at the level of at least 20% market share, in the fixed networks smaller operators can achieve the same efficiencies and produce at the same unit costs as the efficient operator, independently of their size. When setting the exact maximum rate, the Commission should include appropriate weighting to take into account the total number of end-users in each Member State, where this is required on account of remaining cost divergences. When the Commission determines that rate, the experience of BEREC and the national regulatory authorities in building suitable cost models will be invaluable and should be taken into account.deleted

Amendment 272 #

Proposal for a directive
Recital 183

(183) This Directive sets maximum wholesale voice call termination rates for fixed and mobile networks below which the initial delegated act will establish the exact rate to be applied by national regulatory authorities. The initial rate will be further updated. Based on the bottom- up pure LRIC models applied by national regulators to date and applying the above criteria the voice termination rates currently vary from 0.4045 €cent per minute to 1.226 €cent per minute in mobile networks and between 0.0430 €cent per minute and 0.1400 €cent per minute in fixed networks in the most local layer of interconnection (calculated as a weighted average between peak and off- peak rates). The variation in rates is due to different local conditions and relative price structures currently existing as well as to the different timing of the model calculations across Member States. In addition, in fixed networks the level of cost efficient termination rates depends also on the network layer where the termination service is provided.deleted

Amendment 273 #

Proposal for a directive
Recital 183

(183) This Directive ~~sets~~requires the Commission to set a maximum wholesale voice call termination rates for fixed and mobile networks ~~below which the initial delegated act~~through a delegated act. The initial delegated act required for that purpose will establish the exact rate to be applied by national regulatory authorities. The initial rate will be further updated. Based on the bottom-up pure LRIC models applied by national regulators to date and applying the above criteria the voice termination rates currently vary from 0.4045 €cent per minute to 1.226 €cent per minute in mobile networks and between 0.0430 €cent per minute and 0.1400 €cent per minute in fixed networks in the most local layer of interconnection (calculated as a weighted average between peak and off- peak rates). The variation in rates is due to different local conditions and relative price structures currently existing as well as to the different timing of the model calculations across Member States. In addition, in fixed networks the level of cost efficient termination rates depends also on the network layer where the termination service is provided.

Amendment 274 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements can offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.

Amendment 275 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure. National regulatory authorities must lay down clear conditions for co-investment in the respective Member States. Co-investment must prevent co-investors or other undertakings from being placed at a competitive disadvantage on the market. Co-investment must ensure open access for all undertakings wishing to participate in it.

Amendment 276 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements could offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements ~~which significantly contribute to the deployment~~ of very high capacity networks, the national regulatory authority should ~~typically refrain from imposing~~ensure that any obligations imposed pursuant to this Directive on the new network elements, are justified and proportionate subject to further review in subsequent market analyses, to the terms of the co-investment, the balance of powers between investors, and the risk that such agreements may strengthen position of significant market power or lead to the development of situations of significant impediment to effective competition. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities ~~can~~should still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with ~~comparable~~equivalent functionality to those previously available on the legacy infrastructure.

Amendment 277 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, ~~co-investment agreements offer~~the regulatory framework aims at promoting very high capacity deployment models which (a) provide significant benefits in terms of pooling of costs and risks, enabling ~~smaller-scale~~ operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure- based competition might not be efficient~~. Where an operator with significant market power makes an open call for co-investment~~; and (b) take into account the different market characteristics and best practices for deployment of new network elements within Member States. Where an operator with significant market power makes an open call for co-investment or provides a wholesale offer including risk sharing, or establishes a joint venture with one or more undertakings competing on retail or wholesale level on fair, reasonable and non-discriminatory terms ~~in new network elements~~ which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements~~, subject to further review in subsequent market analyses~~. Provided due account is taken of the prospective pro-competitive effects of the ~~co-investment at wholesale and retail level,~~ national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.

Amendment 278 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. If the national regulatory authority decides not to impose obligations, it must ensure that competition and market access are not compromised. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.

Amendment 279 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, and such an offer is taken up by a co-investor and agreed upon, or when commercial access agreements based on the same preconditions have equivalent results, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro- competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.

Amendment 280 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where open calls for tender are used for co-investment in new network elements which have been published by an operator with significant market power ~~makes an open call for co-investment~~ on fair, reasonable and non- discriminatory terms ~~in new network elements which significantly~~, or where other investment models are used which contribute equally to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro- competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.

Amendment 281 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power ~~makes an open call~~concludes an agreement for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.

Amendment 282 #

Proposal for a directive
Recital 190

(190) Network owners that do not have retail market activities and whose business model is therefore limited to the provision of wholesale services to others, can be beneficial to the creation of a thriving wholesale market, with positive effects on retail competition downstream. Furthermore, their business model can be attractive to potential financial investors in less volatile infrastructure assets and with longer term perspectives on deployment of very high capacity networks. Such models should therefore be promoted and encouraged. This category of network owners should not include untertakings that were either functionally separated or voluntary separated as incentives and remaining links with the customer base might still create competition concerns. Nevertheless, the presence of a wholesale- only operator does not necessarily lead to effectively competitive retail markets, and wholesale- only operators can be designated with significant market power in particular product and geographic markets. The competition risks arising from the behaviour of operators following wholesale-only business models might be lower than for vertically integrated operators, provided the wholesale-only model is genuine and no incentives to discriminate between downstream providers exist. The regulatory response should therefore be commensurately less intrusive. On the other hand, national regulatory authorities must be able to intervene if competition problems have arisen to the detriment of end-users.

Amendment 283 #

Proposal for a directive
Recital 190

(190) Network owners that do not have retail market activities and whose business model is therefore limited to the provision of wholesale services to others, can be beneficial to the creation of a thriving wholesale market, with positive effects on retail competition downstream. Furthermore, their business model can be attractive to potential financial investors in less volatile infrastructure assets and with longer term perspectives on deployment of very high capacity networks. Nevertheless, the presence of a wholesale- only operator does not necessarily lead to effectively competitive retail markets, and wholesale-only operators can be designated with significant market power in particular product and geographic markets. The competition risks arising from the behaviour of operators following wholesale-only business models might be lower than for vertically integrated operators, provided the wholesale-only model is genuine and no incentives to discriminate between downstream providers exist. The regulatory response should therefore be commensurately less intrusive. On the other hand, national regulatory authorities must be able to intervene if competition problems have arisen to the detriment of end-users.

Amendment 284 #

Proposal for a directive
Recital 191

(191) To facilitate the migration from legacy copper networks to next-generation networks, which is in the interests of end- users, national regulatory authorities should be able to monitor network operators' own initiatives in this respect and to establish, where necessary, an appropriate migration process, for example by means of prior notice, setting out a concrete deadline, transparency and acceptable ~~comparable~~equivalent access products, once the intent and readiness by the network owner to switch off the copper network is clearly demonstrated. In order to avoid unjustified delays to the migration, national regulatory authorities should be empowered to withdraw access obligations relating to the copper network once an adequate migration process has been established.

Amendment 285 #

Proposal for a directive
Recital 223

(223) In order to effectively support the free movement of goods, services and persons within the Union, it should be possible to use certain national numbering resources, in particular certain non- geographic numbers, in an extraterritorial manner, that is to say outside the territory of the assigning Member State throughout the territory of the Union. In view of the considerable risk of fraud with respect to interpersonal communications, such extraterritorial use should be allowed for electronic communications services with the exception of interpersonal communications services. Member States should therefore ensure that relevant national laws, in particular consumer protection rules and other rules related to the use of numbers, are enforced independently of the Member State where the rights of use for numbers have been granted. That should entail that the national regulatory and other competent authorities of those Member States where a number is used are competent to apply their national laws to the undertaking to which the number has been assigned. In addition, the national regulatory authorities of those Member States should have the possibility to request the support of the national regulatory authority responsible for the assignment of the number to assist them in enforcing the respect of the rules applicable in those Member states where the number is used. Such support measures should include dissuasive sanctions, in particular in case of a serious breach the withdrawal of the right of extraterritorial use for the numbers assigned to the undertaking concerned. ~~The requirements on extraterritorial use should be~~Member states should therefore not impose additional requirements on extraterritorial use of such numbers as it would hinder their crossborder use and create a barrier to the internal market, without prejudice to Member States' powers to block, on a case- by case basis, access to numbers or services where that is justified by reasons of fraud or misuse. The extraterritorial use of numbers should be without prejudice to Union's rules related to the provision of roaming services, including those relative to preventing anomalous or abusive use of roaming services which are subject to retail price regulation and which benefit from regulated wholesale roaming rates. Member States should continue to be able to enter into specific agreements on extraterritorial use of numbering resources with third countries.

Amendment 286 #

Proposal for a directive
Recital 246

Amendment 287 #

Proposal for a directive
Recital 254

(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including disabled end-users, the elderly, and users with special social needs, have easy access to affordable high quality services regardless of their place of residence within the Union. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disability in drawing up measures under Article 114 of the TFEU.

Amendment 288 #

Proposal for a directive
Recital 259

(259) Caller location information improves the level of protection and the security of end-users and assists the emergency services in the discharge of their duties, provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of PSAPs. The reception and use of caller location information should comply with relevant Union law on the processing of personal data. Undertakings that provide network-based location should make caller location information available to emergency services as soon as the call reaches that service, independently of the technology used. However handset-based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the EGNOS and Galileo Satellite system and other Global Navigation Satellite Systems and Wi-Fi data. Therefore handset-derived caller location information should complement network-based location information even if the handset-derived location may become available only after the emergency communication is set up. Member States should ensure that the PSAPs are able to retrieve and manage the caller location information available. The establishment and transmission of caller location information should be free of charge, where feasible, for both the end-user and the authority handling the emergency communication irrespective of the means of establishment, for example through the handset or the network, or the means of transmission, for example through voice channel, SMS or Internet Protocol-based.

Amendment 289 #

(265) End-users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the Union for the reception of digital television. Member States should be able to require minimum harmonised standards in respect of such equipment. Such standards could be adapted from time to time in the light of technological and market developments.Does not affect the English version.)

Amendment 290 #

Proposal for a directive
Recital 266 a (new)

(266a) In order to enable listeners to use radio services anywhere in Europe, irrespective of the broadcasting standards used in the individual Member States, radios, including car radios, should be able to receive analog and digital and/or IP services. This will ensure that interoperability, which is currently based on FM radio, continues in the digital age. It will also enhance public safety by enabling listeners to receive emergency information irrespective of the technology used, whether at home or in the car, as well as traffic information when travelling in the Union.

Amendment 291 #

Proposal for a directive
Recital 269

(269) Member States should be able to lay down proportionate and transparent obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, ~~but such obligations should only be imposed where they are necessary~~ to meet general interest objectives clearly defined by Member States in conformity with Union law ~~and should be proportionate and transparent~~. ‘Must carry’ obligations may be applied to specified radio ~~and television~~ broadcast channels, audiovisual media services and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives, such as media pluralism and cultural diversity. Such requirements should include high-quality reception of the specified services. Member States should provide an objective justification for the ‘must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. ~~The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure.~~ Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision for proportionate remuneration. 'Must carry' obligations must be laid down independently and must in no way undermine the right of holders of copyright and related rights to fair remuneration for the use of their protected works on the network concerned.

Amendment 292 #

Proposal for a directive
Recital 270

(270) ~~Networks used for the distribution of radio or television broadcast~~'Must carry' obligations should be applied in a technologically neutral fashion while taking account of ongoing changes to media distribution systems and consumer trends. Electronic communications networks and services used for the distribution of radio broadcasts or audiovisual media services to the public include cable, IPTV, satellite and terrestrial broadcasting ~~networks~~. They might also include other networks and services to the extent that a significant number of end- users use ~~such networks as their principal means to receive radio and television broadcast~~them to receive radio broadcasts and audiovisual media services. In this context, the criteria used to determine what constitutes 'a significant number of end-users' should take account of, among others things, technological developments and the consumption patterns of specific end-user groups. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations. 'Must carry' obligations should ensure that end-users can access connected TV services, which can include audiovisual media services, radio and audio services and interactive services offering applications, games, voting facilities, clips, text, images, illustrations and graphics.

Amendment 293 #

Proposal for a directive
Recital 270

(270) ~~Network~~Must-carry obligations should be applied in a technologically neutral manner taking into account evolving media distribution systems and consumer trends. Electronic communications networks and services used for the distribution of radio or ~~television broadcast~~audiovisual media services to the public include cable, IPTV, satellite and terrestrial broadcasting ~~networks~~. They might also include other networks and services to the extent that they are used by a significant number of end- users ~~use such networks as their principal means to receive radio and television broadcast~~to receive radio and audiovisual media services. Relevant criteria for assessing the concept of "a significant number of end-users" in this context may take into account inter alia developments in technology and consumption patterns of specific end-user groups. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end- users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the ~~continued~~ importance of electronic programme guides and other navigation facilities for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations. Must carry obligations should enable access for end-users to connected TV services.

Amendment 294 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 270

Amendment 295 #

Proposal for a directive
Recital 270 a (new)

(270a) 'Electronic programme guide' should be regarded as a dynamic concept in view of the ongoing changes to technologies and presentation and navigation tools deployed on the networks used to distribute radio broadcasts, audiovisual media services and connected TV services. Developments in those services should also be taken into account.

Amendment 296 #

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1

The aim of this Directive is on the one hand to implement an internal market in electronic communications networks and services that will result in deployment and take-up of very high capacity secured networks, sustainable competition, interoperability of electronic communications services, accessibility and end-user benefits.

Amendment 297 #

Proposal for a directive
Article 1 – paragraph 3 – indent 1

- obligations imposed by national law in accordance with Union law or by Union law in respect of services provided using electronic communications networks and services ; - measures taken at Union or national level, in compliance with Union law, to pursue general interest objectives, in particular relating to ~~content regulation and audio-visual policy. - the provisions of Directive 2014/53/EU.~~the protection of personal data and privacy, content regulation and audio-visual policy

Amendment 298 #

Proposal for a directive
Article 2 – paragraph 1 – point 1

(1) ‘electronic communications network’ means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet- switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed; it does not include network elements managed by individuals in the context of not-for-profit activities;

Amendment 299 #

Michał BONI, Gunnar HÖKMARK

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an publicly available electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination pointr partially of optical fibre elements.

Amendment 300 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or any other type of network which is capable of delivering under usual peak- time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. ~~Network performance can be considered similar regardless of wh~~Very high capacity networks are in any case fibre to the home networks or any other network which provides the technical performance requirements needed for the backhaul of 5G networks. Network performance will be assessed solely on the basis of technical paramethers and not take into account the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 301 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location corresponding in the fixed-line connection case to the premises and in the mobile connection case to the base station, or which is capable of delivering under usual peak- time conditions ~~similar~~at least the same network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered ~~similar~~at least the same regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 302 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network ~~which either~~ consistsing wholly of optical fibre elements at least up to the distribution point at the serving location, corresponding in the fixed-line connection case to the premises and in the mobile connection case to the base station, or which is capable of delivering under usual peak- time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 303 #

Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak- time conditions ~~similar~~a network performance of at least 250 Mbit/s in terms of available down- and uplink bandwidth, ~~resilience, error- related parameters, and latency and its variation. Network performance can be considered similar~~upgradeable to symmetrical 1 Gbit/s, at least 99.99% reliability and latency of 5 ms or less. Network performance should be measured and assessed with the final consumer, regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 304 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or any network which is capable of delivering under usual peak- time conditions ~~similar~~at least equally consistent and reliable network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance ~~can be considered similar~~shall be assessed on the basis of technical parameters, regardless of whether the end- user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 305 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which ~~either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which~~ is capable of delivering under usual peak-time conditions ~~similar~~ network performance, in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation~~. Network performance can be considered similar regardless of whether the~~, meeting the needs of the most demanding, digitally intensive end-users, and in particular a network consisting of optical elements at least up to the distribution point at the serving location. Network performance should be assessed without regard to variations in end-user experience ~~varies~~ due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 306 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means anhigh speed electronic communications network which ~~either~~ consists wholly or partly of optical fibre elements ~~at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance~~with sufficient capacity to allow unconstrained use of the network in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 307 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly or partly of optical fibre elements a~~t least up to the distribution point at the serving location~~ nd/or which is capable of delivering under usual peak- time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 308 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 2 – paragraph 1 – point 2

Amendment 309 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Amendment 310 #

Henna VIRKKUNEN

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly or partly of optical fibre elements a~~t least up to the distribution point at the serving location or~~nd which is capable of delivering under usual peak-time conditions ~~similar network performance~~high-performing broadband access services in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 311 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

Amendment 312 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the ~~distribution point at the serving location~~premises or which is capable of delivering under usual peak-time conditions at least similar network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 313 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the ~~distribution point at the serving location~~premises or which is capable of delivering under usual peak-time conditions ~~similar~~at least the same network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 314 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an electronic communications network which ~~either~~ consists wholly of optical fibre elements ~~at least~~ up to the distribution point at the serving location or which is capable of delivering under usual peak- time conditions ~~similar~~at least the same network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 315 #

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine- to-machine services and for broadcasting, but excludes interpersonal communication services as defined in paragraph (5) of the present Article, information society services, as defined in Article 1 of Directive 98/34/EC and services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;

Amendment 316 #

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘electronic communications service’ means a service ~~normally~~ provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine- to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services as well as not-for-profit-services provided by individuals;

Amendment 317 #

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘'electronic communications service’' means a publicly available service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly ~~or mainly~~ in the conveyance of signals such as transmission ~~service~~of signals used for the provision of machine- to- machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;

Amendment 318 #

Proposal for a directive
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’ means a service normally provided for remuneration ~~that~~where the principal purpose of the service is devoted to enablesing direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); ~~it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;~~

Amendment 319 #

Proposal for a directive
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’' means a ~~servic~~n electronic communications service whose primary purpose is to enable normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as an a minor ancillary feature that is intrinsically linked to another service;

Amendment 320 #

Proposal for a directive
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’' means an electronic communications service normally provided for remunerations that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;

Amendment 321 #

Proposal for a directive
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’ means a service ~~normally~~ provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;

Amendment 322 #

Proposal for a directive
Article 2 – paragraph 1 – point 6

(6) ‘number-based interpersonal communications service’ means an interpersonal communications service which connects with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans, and where the provider of the service has substantial control over the network used for enabling the communication ;

Amendment 323 #

Proposal for a directive
Article 2 – paragraph 1 – point 6

(6) ‘'number-based interpersonal communications service’' means an interpersonal communications service ~~which connects with the public switched telephone network, either~~for receiving communications by means of an assign~~ed numbering resources, i.e. a number or numbers in national or inter~~ment of a number in the national telephone numbering plans, or ~~by enabl~~for originating communication ~~with~~s to a number or numbers in national or international telephone numbering plans;

Amendment 324 #

Proposal for a directive
Article 2 – paragraph 1 – point 7

(7) 'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans or where a number-based interpersonal communication service provider does not have substantial control over the network used for enabling the communication;

Amendment 325 #

Proposal for a directive
Article 2 – paragraph 1 – point 7

(7) 'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in ~~national or inter~~the national telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans; it does not include information society services that allow interpersonal and interactive communication as a secondary feature;

Amendment 326 #

Proposal for a directive
Article 2 – paragraph 1 – point 11

(11) ‘'associated services’' means those services associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services~~, self-provision or automated- provision~~ via that network and/or service or have the potential to do so and include, inter alia, number translation or systems offering equivalent functionality, conditional access systems and electronic programme guides, ~~voice command, multi- language or language translation~~ as well as other services such as identity, location and presence service;

Amendment 327 #

Proposal for a directive
Article 2 – paragraph 1 – point 15 a (new)

(15 a) 'subscriber' means any person or legal entity who or which is party to a contract with the provider of publicly available electronic communications services for the supply of such services;

Amendment 328 #

Proposal for a directive
Article 2 – paragraph 1 – point 20

(20) ‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;

Amendment 329 #

Proposal for a directive
Article 2 – paragraph 1 – point 20

Amendment 330 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER

Proposal for a directive
Article 2 – paragraph 1 – point 20

(20) ‘'harmful interference’' means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;

Amendment 331 #

Proposal for a directive
Article 2 – paragraph 1 – point 20

Amendment 332 #

Proposal for a directive
Article 2 – paragraph 1 – point 22

(22) ‘'security’' of networks and services means the technical and structural ability of electronic communications networks and services to resist, at a given level of confidence, any action that compromises the availability, authenticity, integrity or confidentiality of stored or transmitted or processed data or the related services offered by, or accessible via, those networks or services.

Amendment 333 #

Proposal for a directive
Article 2 – paragraph 1 – point 23

(23) ‘general authorisation’ means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector-specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive, excluding not-for-profit-services provided by individuals.

Amendment 334 #

Proposal for a directive
Article 2 – paragraph 1 – point 26

(26) 'shared use of radio spectrum' means access by two or more users to use the same frequencies under a defined sharing arrangement, authorised by a national regulatory authority on the basis of a general authorisation, individual rights of use or a combination thereof, including regulatory approaches such as licenced shared access aiming to facilitate the shared use of a frequency band, subject to a binding agreement of all parties involved, in accordance with sharing rules as included in their rights of use so as to guarantee to all users predictable and reliable sharing arrangements, and without prejudice to the application of competition law;

Amendment 335 #

Proposal for a directive
Article 2 – paragraph 1 – point 28

(28) ‘'access’' means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non- exclusive basis, for the purpose of providing electronic communications services, including when they are used for the delivery of information society services or broadcast content services. It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment, by fixed or non- fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to information systems or databases for pre-ordering, provisioning, ordering, maintaining and repair requests, and billing; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, ~~including software emulated networks,~~ in particular for roaming; access to conditional access systems for digital television services and access to virtual network services;

Amendment 336 #

Proposal for a directive
Article 2 – paragraph 1 – point 32

(32) 'voice communications~~’ means a~~ service' means a number-based interpersonal communications service made available to the public for originating and receiving, directly or indirectly, national or national ~~and international~~ calls through a number or numbers in a national or international telephone numbering plan;

Amendment 337 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1

Amendment 338 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1

Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States ~~and~~, BEREC and the Commission shall also contribute to the achievement of these objectives.

Amendment 339 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1

Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States ~~and~~, BEREC and the Commission shall also contribute to the achievement of these objectives.

Amendment 340 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1

Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States ~~and~~, BEREC and the Commission shall also contribute to the achievement of these objectives.

Amendment 341 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1

Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States ~~and~~, BEREC and the Commission shall also contribute to the achievement of these objectives.

Amendment 342 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1

Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States ~~and~~, BEREC and the Commission shall also contribute to the achievement of these objectives.

Amendment 343 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

National regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the promotion of freedom of expression and information, cultural and linguistic diversity, as well as media pluralism.

Amendment 344 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

National regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the protection of personal data and privacy, the promotion of cultural and linguistic diversity, as well as media pluralism.

Amendment 345 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

Amendment 346 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

Amendment 347 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

Amendment 348 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

Amendment 349 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Flavio ZANONATO

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The national regulatory and other competent authorities as well as BEREC ~~shall:~~and the Commission, in discharging their respective responsibilities under this Directive, shall pursue each of the general objectives listed below. The expression of the list in the order from (a) to (d) does not constitute a ranking of the general objectives.

Amendment 350 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

Amendment 351 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

Amendment 352 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

Amendment 353 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2.(2) The national regulatory and other competent authorities as well as BEREC shall: pursue the following objectives. The order in which they are listed does not imply any order of priority.

Amendment 354 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The national regulatory, the Commission and other competent authorities as well as BEREC shall pursue each and all of the general objective listed below:

Amendment 355 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The national regulatory and other competent authorities as well as BEREC ~~shall~~and the Commission shall pursue each of the general objectives listed below:

Amendment 356 #

Proposal for a directive
Article 3 – paragraph 2 – point a

Amendment 357 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 3 – paragraph 2 – point a

(a) promote the availability and affordability of and access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;

Amendment 358 #

Proposal for a directive
Article 3 – paragraph 2 – point a

(a) promote availability, affordability, access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;

Amendment 359 #

Proposal for a directive
Article 3 – paragraph 2 – point a

(a) promote the availability and affordability of, access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;

Amendment 360 #

Proposal for a directive
Article 3 – paragraph 2 – point a

(a) promote the availability and affordability of and access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;

Amendment 361 #

Proposal for a directive
Article 3 – paragraph 2 – point a

(a) promote access to, investment in and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;

Amendment 362 #

Proposal for a directive
Article 3 – paragraph 2 – point b

(b) promote competition, which is the most important precondition for investments, in the provision of electronic communications networks and associated facilities, including efficient infrastructure- based competition, and in the provision of electronic communications services and associated services; in order to ensure high-performance infrastructures across the European Union.

Amendment 363 #

Proposal for a directive
Article 3 – paragraph 2 – point b

(b) promote sustainable competition in the provision of electronic communications networks and associated facilities, including efficient infrastructure-based competition, and in the provision of electronic communications services and associated services;

Amendment 364 #

Proposal for a directive
Article 3 – paragraph 2 – point c

(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for~~, investment in and~~ the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, ~~by developing common rules and predictable regulatory approaches,~~ by favouring the effective, efficient and coordinated use of spectrum, ~~open innovation,~~ the establishment and development of trans- European networks, the availability and interoperability of pan- European services, and end-to-end connectivity;

Amendment 365 #

Proposal for a directive
Article 3 – paragraph 2 – point c

(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the provision, availability and interoperability of pan- European services, and end-to-end connectivity;

Amendment 366 #

Proposal for a directive
Article 3 – paragraph 2 – point d

(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by promoting the Union competitiveness and economic development, also through the digitalization of the industry, by ensuring a high and common level of protection for end- users through the necessary sector- specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 367 #

Proposal for a directive
Article 3 – paragraph 2 – point d

Amendment 368 #

Proposal for a directive
Article 3 – paragraph 2 – point d

(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability, investment in and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 369 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN

Proposal for a directive
Article 3 – paragraph 2 – point d

(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common minimum level of protection for end- users through the necessary sector- specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 370 #

Proposal for a directive
Article 3 – paragraph 2 – point d

(d) promote the interests of the citizens of the Union, ~~including in the long term,~~ by ensuring widespread availability and take-up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 371 #

Proposal for a directive
Article 3 – paragraph 2 – point d

(d) promote the interests of the citizens of the Union, ~~including in the long term,~~ by ensuring widespread availability and take-up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common minimum level of protection for end- users through the necessary sector- specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 372 #

Proposal for a directive
Article 3 – paragraph 2 – point d – point i (new)

(i) The objectives set out in paragraph 2 shall be equivalent.

Amendment 373 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 3 – paragraph 3 – point a

(a) ~~promoting regulatory predictability by~~ ensuring a consistent regulatory approach over appropriate review periods and through cooperation with each other, with BEREC and with the Commission;

Amendment 374 #

Proposal for a directive
Article 3 – paragraph 3 – point a

(a) ~~promoting regulatory predictability~~ by ensuring a consistent regulatory approach over appropriate review periods and through cooperation with each other, with BEREC and with the Commission;

Amendment 375 #

Proposal for a directive
Article 3 – paragraph 3 – point a a (new)

(a a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;

Amendment 376 #

Michał BONI, Henna VIRKKUNEN, Gunnar HÖKMARK

Proposal for a directive
Article 3 – paragraph 3 – point b

(b) ensuring that, in similar circumstances, there is no discrimination in the treatment of ~~undertakings providing~~providers of electronic communications networks and services;

Amendment 377 #

Proposal for a directive
Article 3 – paragraph 3 – point b a (new)

(b a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;

Amendment 378 #

Proposal for a directive
Article 3 – paragraph 3 – point b a (new)

(b a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;

Amendment 379 #

Proposal for a directive
Article 3 – paragraph 3 – point c

(c) applying EU law in a technologically neutral fashion which neither imposes nor discriminates in favour of the use of a particular type of technology, to the extent that this is consistent with the achievement of the objectives of paragraph 1;

Amendment 380 #

Proposal for a directive
Article 3 – paragraph 3 – point c

(c) applying EU law in a technologically neutral fashion~~, to the extent that this is consistent with the achievement of the objectives of paragraph 1~~;

Amendment 381 #

Proposal for a directive
Article 3 – paragraph 3 – point e

Amendment 382 #

Proposal for a directive
Article 3 – paragraph 3 – point f

Amendment 383 #

Proposal for a directive
Article 3 – paragraph 3 – point f

(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition ~~on the retail market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled~~.

Amendment 384 #

Miapetra KUMPULA-NATRI, Dan NICA, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 3 – paragraph 3 – point f

(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition on the wholesale and the retail market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.

Amendment 385 #

Proposal for a directive
Article 3 – paragraph 3 – point f

(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and long term sustainable competition on the re~~tail~~levant markets concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.

Amendment 386 #

Proposal for a directive
Article 3 – paragraph 3 – point f

(f) imposing ex ante regulatory obligations ~~only~~ to the extent necessary to secure effective and sustainable competition ~~on the retail market concerned~~ and relaxing or lifting such obligations as soon as that condition is fulfilled.

Amendment 387 #

(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition ~~on the retail market concerned~~ and relaxing or lifting such obligations as soon as that condition is fulfilled.

Amendment 388 #

Proposal for a directive
Article 3 – paragraph 3 – point f

(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition on the ~~retail~~ market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.

Amendment 389 #

Proposal for a directive
Article 3 – paragraph 3 – point f a (new)

(f a) safeguarding competition to the benefit of consumers, including the imposition of ex-ante regulatory obligations to secure effective and sustainable competition on wholesale markets and promoting, where appropriate, infrastructure-based competition.

Amendment 390 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN, Flavio ZANONATO

Proposal for a directive
Article 3 – paragraph 3 – point f a (new)

Amendment 391 #

Proposal for a directive
Article 3 – paragraph 3 – point f a (new)

Amendment 392 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the Union. To this end, they shall take into consideration, inter alia, the economic, safety, health, public interest, public security and defence, data protection and privacy, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference.

Amendment 393 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum ~~in the Union. To this end, they shall~~, a scarce resource that belongs to the Member States. They might take into consideration, inter alia, the economic, safety, health, public interest, public security and defence, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference.

Amendment 394 #

Proposal for a directive
Article 4 – paragraph 2

2. By cooperating with each other and, where appropriate, with the Commission, Member States shall promote the coordination of radio spectrum policy approaches in the European Union and, where appropriate, harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market in electronic communications.

Amendment 395 #

Proposal for a directive
Article 4 – paragraph 3

3. Member States shall cooperate through the Radio Spectrum Policy Group, established by Commission Decision 2002/622/EC, with each other and with the Commission, and upon their request with the European Parliament and the Council, in support of the strategic planning and coordination of radio spectrum policy approaches in the Union. Where regulatory or competitive dimensions arise in the determination of spectrum policy issues, BEREC shall be associated.

Amendment 396 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6

- ensuring consumer protection and end-user rights in the electronic communications sector within the remit of their competences under the sectorial regulation, and cooperating with relevant competent authorities wherever applicable;

Amendment 397 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER, Theresa GRIFFIN

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)

- monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity

Amendment 398 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)

- monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity

Amendment 399 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)

- monitoring closely the development of the Internet of Things;

Amendment 400 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 b (new)

- ensuring competition and consumer protection in the Internet of Things;

Amendment 401 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8

- ~~dealing~~ensuring compliance with ~~issu~~rules related to open internet access;

Amendment 402 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8

- ~~dealing~~ensuring compliance with ~~issu~~rules related to open internet access;

Amendment 403 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8

- ~~dealing~~ensuring compliance with ~~issu~~rules related to open internet access;

Amendment 404 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8

- ~~dealing~~ensuring compliance with ~~issu~~rules related to open internet access;

Amendment 405 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 11 a (new)

- monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity

Amendment 406 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 5 – paragraph 2

2. National regulatory authorities and other competent authorities of the same Member State or of different Member States shall ~~have the right to~~ enter into cooperative arrangements with each other to foster regulatory cooperation where necessary.

Amendment 407 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 408 #

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall guarantee the independence of national regulatory authorities and of other competent authorities by ensuring that they are legally distinct from and functionally independent of all organisations providing electronic communications networks, equipment or services and of the respective government . Member States that retain ownership or control of undertakings providing electronic communications networks and/or services shall ensure effective structural separation of the regulatory function from activities associated with ownership or control.

Amendment 409 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 6 – paragraph 2

2. Member States shall ensure that national regulatory authorities and other competent authorities exercise their powers impartially, transparently and in a timely manner. Member States shall ensure that they have adequate technical, financial and human resources to carry out the task s assigned to them.

Amendment 410 #

Proposal for a directive
Article 6 – paragraph 2

Amendment 411 #

Proposal for a directive
Article 7 – paragraph 1

1. The head of a national regulatory authority, or, where applicable, the members of the collegiate body fulfilling that function within a national regulatory authority or their replacements, shall be appointed for a term of office of at least four years from among persons of recognised standing and professional experience, on the basis of merit, skills, knowledge and experience and following an open and transparent selection procedure. They shall not be allowed to serve more than two terms, either consecutive or not. Member States shall ensure continuity of decision-making by providing for an appropriate rotation scheme for the members of the collegiate body or the top management, such as by appointing the first members of the collegiate body for different periods, in order for their mandates, as well as that of their successors not to elapse at the same moment.

Amendment 412 #

Proposal for a directive
Article 8 – paragraph 1

1. Without prejudice to the provisions of Article 10, national regulatory authorities shall act independently and objectively, be legally distinct and functionally independent from the government, operate in a transparent and accountable manner in accordance with Union law and national law, have sufficient powers and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law. Only appeal bodies set up in accordance with Article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities.

Amendment 413 #

Proposal for a directive
Article 8 – paragraph 1

1. Without prejudice to the provisions of Article 10, national regulatory authorities shall act independently and objectively, operate in a transparent and accountable manner in accordance with Union law and national law, have sufficient powers and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law. Only appeal bodies set up in accordance with Article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities.

Amendment 414 #

Proposal for a directive
Article 10 – paragraph 2

2. Member States shall ensure that national regulatory authorities take utmost account of opinions ~~and~~, common positions or decisions adopted by BEREC when adopting their own decisions for their national markets.

Amendment 415 #

Proposal for a directive
Article 10 – paragraph 2 a (new)

2 a. Member States shall ensure that national regulatory authorities apply Regulation 2015/2120 and BEREC Guidelines adopted pursuant to Article 5.3 of the abovementioned Regulation and coordinate within BEREC with other national regulatory authorities when implementing it.

Amendment 416 #

Proposal for a directive
Article 11 – paragraph 1

1. National regulatory authorities, other competent authorities under this Directive, and national competition authorities shall provide each other with the information necessary for the application of the provisions of this Directive. In respect of the information exchanged, Union data protection rules shall apply, and the receiving authority shall ensure the same level of confidentiality as the originating authority.

Amendment 417 #

Proposal for a directive
Article 12 – paragraph 1

1. Member States shall ensure the freedom to provide electronic communications networks and services, subject to the conditions set out in this Directive. To this end, Member States shall not prevent an undertaking from providing electronic communications networks or services, except where this is necessary for the reasons set out in Article 52 (1) of the Treaty. Any such limitation to the freedom to provide electronic communications networks and services shall be duly reasoned ~~and shall be~~, provided for by law, respect the essence of the rights and freedoms recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter and notified to the Commission.

Amendment 418 #

Proposal for a directive
Article 12 – paragraph 4 – subparagraph 2

Member States may not impose any additional or separate notification requirements Member States shall ensure that the taking up and pursuit of the activity of a number-independent communications service provider may not be made subject to prior authorisation or any other requirement having equivalent effect.

Amendment 419 #

Proposal for a directive
Article 12 – paragraph 4 a (new)

4 a. Where an undertaking provides electronic communication services, other than number-independent interpersonal communication services, in more than one Member state, the general authorisation shall be granted by the national regulatory authority of the Member state indicated in the single notification as the provider's main establishment in the EU. This national regulatory authority shall attach to the General authorisation the specific conditions necessary in order to ensure compliance in particular with all the relevant Union and national rules related to the provision of electronic communication services applicable in the Member States where the services are provided. In case of a demonstrated breach of the relevant rules or upon request from another national regulatory authority than the one that granted the authorisation, the national regulatory authority that granted the authorisation , shall enforce the conditions attached under subparagraph 1 in accordance with Article 30, including in serious cases by withdrawing the General authorisation granted to the undertaking concerned. BEREC shall timely assess the validity of the General authorisation granted and facilitate and coordinate the exchange of information between the national regulatory authorities of the different Member States involved and ensure the appropriate coordination of work among them, and shall take decision in case of unresolved disputes.

Amendment 420 #

Proposal for a directive
Article 18 – paragraph 1

1. Member States shall ensure that the rights, conditions and procedures concerning general authorisations and rights of use for radio spectrum or for numbers or rights to install facilities may only be amended in objectively justified cases and in a proportionate manner, taking into consideration, where appropriate, the specific conditions applicable to transferable rights of use for radio spectrum and for numbers. In the case of right of use for spectrum, the right holder shall have the right to object to any proposed amendment based on its existing and future spectrum usage plan and the need to safeguard investment.

Amendment 421 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2 a (new)

Where an undertaking provides electronic communication services, other than number-independent interpersonal communication services, in more than one Member state, any amendment to the general authorisation by the Member state that has granted the general authorisation shall be notified to BEREC and the Member states concerned.

Amendment 422 #

Proposal for a directive
Article 19 – paragraph 1

1. Without prejudice to Article 49 paragraphs 2 and 2a, Member States shall not restrict or withdraw rights to install facilities or rights of use for radio spectrum or numbers before expiry of the period for which they were granted except where justified pursuant to paragraph 2 and where applicable in conformity with the Annex I and relevant national provisions regarding compensation for withdrawal of rights.

Amendment 423 #

Pilar del CASTILLO VERA

Proposal for a directive
Article 19 – paragraph 2

2. In line with the need to ensure the effective and efficient use of radio spectrum or the implementation of harmonised conditions adopted under Decision No 676/2002/EC, Member States may allow withdrawal of rights, including those with a 25 year minimum duration, based on procedures laid down in advance, in compliance with the principles of proportionality and non-discrimination. Such procedures shall specify any applicable parameters, including the period for putting the rights into use, the non-fulfillment of which would entitle the Member State to consider withdrawal of the right of use or the imposition of other measures, such as shared use.

Amendment 424 #

Proposal for a directive
Article 19 – paragraph 2

2. I~~n line with the need~~f necessary in order to ensure ~~the~~ effective ~~and efficient~~ use of radio spectrum and competition, or the implementation of harmonised conditions adopted under Decision No 676/2002/EC, Member States may allow withdrawal of rights, including those with a 2530 year minimum duration, ~~based on procedures laid down in advance, in compliance with the principles of proportionality and non-discrimination~~after consultations with the right holder and based on fully transparent conditions and procedures laid down prior to the granting of such rights, in compliance with the principles of proportionality and non-discrimination. Member States shall ensure that licence holders, following any withdrawal, are adequately and proportionally compensated with regards to investments made.

Amendment 425 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 19 – paragraph 2

Amendment 426 #

Proposal for a directive
Article 19 – paragraph 2

Amendment 427 #

Proposal for a directive
Article 19 – paragraph 2

Amendment 428 #

Proposal for a directive
Article 19 – paragraph 4

4. Any intention to restrict or withdraw authorisations or individual rights of use for radio spectrum or numbers without the consent of the right holder shall be subject to a public consultation in accordance with Article 23.

Amendment 429 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1

Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete information. In the context of this survey, the national regulatory authorities, the other competent authorities and BEREC shall respect the principle of proportionality. It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.

Amendment 430 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1

Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC tonational regulatory authorities, other competent authorities and BEREC have legal powers to request information, including financial information, from all relevant parties necessary to fulfilling their tasks and ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning ~~future~~ network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. ~~In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete information.~~

Amendment 431 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1

Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. ~~In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete information.~~

Amendment 432 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1

1. Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete informationin accordance with Article 22.

Amendment 433 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1

Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. ~~In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete information.~~

Amendment 434 #

Gunnar HÖKMARK, Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1

Amendment 435 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1

Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. ~~In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete information~~Such information shall facilitate the forecasting of future investments in network deployment and development.

Amendment 436 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 4

Undertakings shall provide such information promptly upon request and in conformity with the timescales and level of detail required . The information requested shall be proportionate to the performance of that task. The competent authority shall give the reasons justifying its request for information and shall treat the information in accordance with paragraph 3. It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.

Amendment 437 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 4

Amendment 438 #

Proposal for a directive
Article 20 – paragraph 3

3. Where information is considered confidential by a national regulatory or other competent authority in accordance with Union and national rules on business confidentiality, national security or the protection of personal data, the Commission, BEREC and the authorities concerned shall ensure such confidentiality. In accordance with the principle of sincere cooperation, national regulatory authorities and other competent authorities shall not deny the provision of the requested information to the Commission, to BEREC or to another authority on the grounds of confidentiality or the need to consult with the parties which provided the information. When the Commission, BEREC or a competent authority undertake to respect the confidentiality of information identified as such by the authority holding it, the latter shall share the information on request for the identified purpose without having to further consult the parties who provided the information. However, when confidential information is shared by a national regulatory or a competent authority, the Commission or BEREC, they shall inform the undertakings whose information is shared thereof. This will include at least what information has been shared with whom and when.

Amendment 439 #

Proposal for a directive
Article 20 – paragraph 3

Amendment 440 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 20 – paragraph 3

Amendment 441 #

Proposal for a directive
Article 20 – paragraph 3 a (new)

3 a. Where information contains personal data, the Commission, BEREC and the authorities concerned shall ensure the compliance of data processing with Union data protection rules.

Amendment 442 #

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – introductory part

Without prejudice to information and reporting obligations under national legislation other than the general authorisation, national regulatory and other competent authorities may only require undertakings to provide information under the general authorisation, in a common and standardised format, for rights of use or the specific obligations referred to in Article 13(2) that is proportionate and objectively justified for:

Amendment 443 #

Proposal for a directive
Article 21 – paragraph 4 a (new)

4 a. Without prejudice to information and reporting obligations for rights of use and for the specific obligations, where an undertaking provides electronic communication services, other than number-independent interpersonal communication services, in more than one Member state, under a general authorisation, only the regulatory authority that has granted the general authorisation in accordance with article 12 may request information as referred to in paragraph 1. National regulatory authorities of other Member states concerned may request information to the national regulatory authority responsible or to BEREC. BEREC shall facilitate the coordination and exchange of information between national regulatory authorities, through the exchange of information established pursuant to Article 30 of Regulation [xxxx/xxxx/EC (BEREC Regulation)

Amendment 444 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1

National regulatory authorities shall conduct a geographical survey of the reach of electronic communications networks capable of delivering broadband ("broadband networks") within three years from [deadline for transposition of the Directive] and shall update it at least every three years . It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.

Amendment 445 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1

NWithout prejudice to the measures taken by the competent authorities for the definition and implementation of the relevant public policies, national regulatory authorities shall conduct a geographical survey of the reach of electronic communications networks capable of delivering broadband ("broadband networks") within three years from [deadline for transposition of the Directive] and shall update it at least every three years.

Amendment 446 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1

National regulatory authorities shall conduct a geographical survey of the reach of ~~electronic communications networks capable of delivering broadband ("broadband~~very high capacity networks") within three years from [deadline for transposition of the Directive] and shall update it at least every three years.

Amendment 447 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1

~~National regulatory authoriti~~Member States shall conduct a geographical survey of the reach of electronic communications networks capable of delivering broadband ("broadband networks") within three years from [deadline for transposition of the Directive] and shall update it at least every three years.

Amendment 448 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a

a) a survey of the current geographic reach of broadband networks within their territory, in particular for conducting the tasks required by Article~~s 62 and 65 and by Article 81, as well as for imposing obligations in accordance with Article 66 and~~ 81 for the surveys required for the application of State aid rules; ~~and~~

Amendment 449 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a

Amendment 450 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a

a) a survey of the current geographic reach of broadband networks within their territory, in particular for conducting the tasks required by Article~~s 62 and 65 and by Article 81, as well as for imposing obligations in accordance with Article 66 and~~ 81, as well as for the surveys required for the application of State aid rules; and

Amendment 451 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a

a) a survey of the current geographic reach of ~~broadband~~very high capacity networks within their territory, in particular for conducting the tasks required by Articles 62 and 65 and by Article 81, as well as for imposing obligations in accordance with Article 66 and for the surveys required for the application of State aid rules; and

Amendment 452 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a

a) a survey of the current geographic reach of broadband networks within their territory, in particular for conducting the tasks required by Articles 62 and 65 and by Article 81, as well as for imposing obligations in accordance with Article 66 and for the surveys required for the application of State aid rules; ~~and~~

Amendment 453 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1

~~a three-year forecast of the reach of broadband networks within their territory, relying on the information gathered in accordance with point (a), where this is available and relevant.~~deleted

Amendment 454 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1

~~a three-year forecast of the reach of broadband networks within their territory, relying on the information gathered in accordance with point (a), where this is available and relevant.~~deleted

Amendment 455 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1

a three-year forecast, if considered necessary by the national regulatory authority, of the reach of broadband networks within their territory, relying on the information gathered in accordance with point (a), where this is available and relevant.

Amendment 456 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1

Amendment 457 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1

a three-year forecast of the reach of at least fixed broadband networks within their territory, relying on the information gathered in accordance with point (a), where this is available and relevant.

Amendment 458 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2

Amendment 459 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2

Amendment 460 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2

This forecast shall reflect the economic prospects of the electronic communications networks sector and investment intentions of operators at the time when the data is gathered, in order to allow the identification of available connectivity in different areas. This forecast shall include information on planned deployments by any undertaking or public authority, in particular to include very high capacity networks and significant upgrades or extensions of legacy broadband networks to at least the performance of next- generation access networks. For this purpose, national regulatory authorities shall, firstly, obtain publicly accessible information and, subsequently, request undertakings to provide relevant information regarding planned deployments of such networks. It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.

Amendment 461 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2

This forecast, if conducted, shall reflect the economic prospects of the electronic communications networks sector and investment intentions of operators at the time when the data is gathered, in order to allow the identification of available connectivity in different areas. This forecast, if conducted, shall include information on planned deployments by any undertaking or public authority, in particular to include very high capacity networks and significant upgrades or extensions of legacy broadband networks to at least the performance of next- generation access networks. For this purpose, national regulatory authorities ~~shall~~may request undertakings to provide relevant information regarding planned deployments of such networks based on the best information available to them.

Amendment 462 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2

Amendment 463 #

Gunnar HÖKMARK, Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2

This forecast shall reflect the economic prospects of the electronic communications networks sector and investment intentions of operators at the time when the data is gathered, in order to allow the identification of available connectivity in different areas. This forecast shall include information on planned deployments by any undertaking or public authority, in particular to include very high capacity networks and significant upgrades or extensions of legacy broadband networks to at least the performance of next- generation access networks. For this purpose, national regulatory authorities shall request undertakings to provide relevant information regarding planned deployments of such networks based on the best information available to them.

Amendment 464 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2

This forecast shall reflect the economic prospects of the electronic communications networks sector and investment intentions of operators at the time when the data is gathered, in order to allow the identification of available connectivity in different areas. This forecast shall include information on planned deployments ~~by any undertaking or public authority~~, in particular to include very high capacity networks and significant upgrades or extensions of legacy broadband networks to at least the performance of next- generation access networks. For this purpose, national regulatory authorities shall ~~reques~~gather relevant uand~~ertakings to provide relevant~~ reasonably available information regarding planned deployments of such networks.

Amendment 465 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 3

~~The information collected in the survey shall be at an appropriate level of local detail and shall include sufficient information on the quality of service and parameters thereof.~~deleted

Amendment 466 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 3

The information collected in the survey shall be at an appropriate level of local detail and shall include sufficient information on the quality of service and parameters thereof. The national regulatory authorities shall treat the collected data with the appropriate level of confidentiality in order to protect sensitive business information and the investment positions of the various market players.

Amendment 467 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 3

The information collected in the survey shall be at an appropriate level of local detail and shall include sufficient information on the quality of service and parameters thereof. National regulatory authorities shall treat the collected information as confidential, shall not make this available to competitors and shall ensure that individual undertaking's plans are in no case determinable.

Amendment 468 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 3

The information collected in the survey shall be at an appropriate level of local detail and shall include sufficient information on the quality of service and parameters thereof. The information collected in the survey shall be confidential and the national regulatory authority shall not make this available to competitors.

Amendment 469 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 3

The information collected in the survey shall be at an appropriate level of local detail and shall include sufficient information on the quality of service and parameters thereof. The information collected in the survey shall be confidential and the national regulatory authority shall not make this available to competitors.

Amendment 470 #

Proposal for a directive
Article 22 – paragraph 2

2. National regulatory authorities may designate a "digital exclusion area" corresponding to an area with clear territorial boundaries where, on the basis of the information gathered pursuant to paragraph 1, it is determined that for the duration of the relevant forecast period, no undertaking or public authority has deployed or is planning to deploy a very high capacity network or has significantly upgraded or extended its network to a performance of at least 100 Mbps download speeds, or is planning to do so. National regulatory authorities shall publish the designated digital exclusion areas.deleted

Amendment 471 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 22 – paragraph 2

Amendment 472 #

Proposal for a directive
Article 22 – paragraph 2

2. National regulatory authorities may designate a "digital exclusion area" corresponding to an area with clear territorial boundaries where, on the basis of the information gathered pursuant to paragraph 1, it is determined that for the duration of the relevant forecast period, no undertaking or public authority has deployed or is planning to deploy a very high capacity network or has significantly upgraded or extended its network to a performance of at least 100 Mbps download speeds, or is planning to do so. National regulatory authorities ~~shall~~may publish the designated digital exclusion areas.

Amendment 473 #

Gunnar HÖKMARK, Henna VIRKKUNEN, Michał BONI, Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a directive
Article 22 – paragraph 2

2. National regulatory authorities may designate a "digital exclusion area" corresponding to an area with clear territorial boundaries where, on the basis of the information gathered pursuant to paragraph 1, it is ~~determined~~foreseen that for the duration of the relevant forecast period, no undertaking or public authority has deployed or is planning to deploy a very high capacity network or has significantly upgraded or extended its network to a pver~~formance of at least 100 Mbps download speeds~~y high capacity network, or is planning to do so. National regulatory authorities shall publish the designated digital exclusion areas.

Amendment 474 #

Proposal for a directive
Article 22 – paragraph 2

2. National regulatory authorities may designate a "digital exclusion area" corresponding to an area with clear territorial boundaries where, on the basis of the information gathered pursuant to paragraph 1, it is determined that for the duration of the relevant forecast period, no undertaking or public authority has deployed or is planning to deploy a very high capacity network or has significantly upgraded or extended its network to a performance of at least 100 Mbps download speeds, or is planning to do so. National regulatory authorities ~~shall~~may publish the designated digital exclusion areas.

Amendment 475 #

Proposal for a directive
Article 22 – paragraph 3

3. Within a designated digital exclusion area, national regulatory authorities may issue a call open to any undertaking to declare their intention to deploy very high capacity networks over the duration of the relevant forecast period. The national regulatory authority shall specify the information to be included in such submissions, in order to ensure at least a similar level of detail as that taken into consideration in the forecast envisaged in paragraph 1(b). It shall also inform any undertaking expressing its interest whether the designated digital exclusion area is covered or likely to be covered by an NGA network offering download speeds below 100 Mbps on the basis of the information gathered pursuant to paragraph 1(b).deleted

Amendment 476 #

Gunnar HÖKMARK, Henna VIRKKUNEN, Michał BONI, Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a directive
Article 22 – paragraph 3

Amendment 477 #

Proposal for a directive
Article 22 – paragraph 3

3. Within a designated digital exclusion area, national regulatory authorities may issue a call open to any undertaking to declare their intention to deploy very high capacity networks over the duration of the relevant forecast period. The national regulatory authority shall specify the information to be included in such submissions, in order to ensure at least a similar level of detail as that taken into consideration in the forecast envisaged in paragraph 1(b). It shall also inform any undertaking expressing its interest whether the designated digital exclusion area is covered or likely to be covered by an NGA network offering download speeds below ~~100 Mbps~~a very high capacity network on the basis of the information gathered pursuant to paragraph 1(b).

Amendment 478 #

Proposal for a directive
Article 22 – paragraph 3

3. Within a designated digital exclusion area, national regulatory authorities may issue a call open to any undertaking to declare their intention to deploy high or very high capacity networks over the duration of the relevant forecast period. The national regulatory authority shall specify the information to be included in such submissions, in order to ensure at least a similar level of detail as that taken into consideration in the forecast envisaged in paragraph 1(b). It shall also inform any undertaking expressing its interest whether the designated digital exclusion area is covered or likely to be covered by an NGA network offering download speeds below 100 Mbps on the basis of the information gathered pursuant to paragraph 1(b).

Amendment 479 #

Proposal for a directive
Article 22 – paragraph 4

4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent and non-discriminatory procedure, whereby no undertaking is a priori excluded. Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.deleted

Amendment 480 #

Proposal for a directive
Article 22 – paragraph 4

Amendment 481 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 22 – paragraph 4

4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent and non- discriminatory procedure, whereby no undertaking is a priori excluded. ~~Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.~~

Amendment 482 #

Proposal for a directive
Article 22 – paragraph 4

4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent and non- discriminatory procedure, whereby no undertaking is a priori excluded. ~~Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.~~

Amendment 483 #

Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a directive
Article 22 – paragraph 4

4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent and non- discriminatory procedure, whereby no undertaking is a priori excluded. ~~Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.~~

Amendment 484 #

Proposal for a directive
Article 22 – paragraph 4

4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent and non- discriminatory procedure, whereby no undertaking is a priori excluded. ~~Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.~~

Amendment 485 #

Proposal for a directive
Article 22 – paragraph 4

4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent, technologically neutral and non- discriminatory procedure, whereby no undertaking is a priori excluded. Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.

Amendment 486 #

Proposal for a directive
Article 22 – paragraph 4

Amendment 487 #

Proposal for a directive
Article 22 – paragraph 4

4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent, technology neutral and non- discriminatory procedure, whereby no undertaking is a priori excluded. Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.

Amendment 488 #

Proposal for a directive
Article 22 – paragraph 4

4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent and non- discriminatory procedure, whereby no undertaking is a priori excluded. Failure to provide information pursuant to paragraph 1(ba) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.

Amendment 489 #

Proposal for a directive
Article 22 – paragraph 5

5. Member States shall ensure that local, regional and national authorities with responsibility for the allocation of public funds for the deployment of electronic communications networks, for the design of national broadband plans, for defining coverage obligations attached to rights of use for radio spectrum and for verifying availability of services falling within the universal service obligation in their territory take into account the results of the surveys and of the designated digital exclusion areas conducted in accordance with paragraphs 1, 2 and 3, and that national regulatory authorities supply such results subject to the receiving authority ensuring the same level of confidentiality and protection of business secrets as the originating authority. These results shall also be made available to BEREC and the Commission upon their request and under the same conditions.deleted

Amendment 490 #

Proposal for a directive
Article 22 – paragraph 5

5. Member States shall ensure that local, regional and national authorities with responsibility for the allocation of public funds for the deployment of electronic communications networks, for the design of national broadband plans, for defining coverage obligations attached to rights of use for radio spectrum and for verifying availability of services falling within the universal service obligation in their territory take into account the results of the surveys ~~and of the designated digital exclusion areas~~ conducted in accordance with paragraphs 1~~, 2 and 3,~~ and that national ~~regulatory~~ authorities supply such results subject to the receiving authority ensuring the same level of confidentiality and protection of business secrets as the originating authority. These results shall also be made available to BEREC and the Commission upon their request and under the same conditions. [...]

Amendment 491 #

Proposal for a directive
Article 22 – paragraph 6

6. National regulatory authorities ~~may~~shall make data from the geographical surveys that is not subject to confidentiality or protection of business secrets directly accessible online in an open and machine readable format to allow for its reuse and make available information tools to end- users, in order to assist them to determine the availability of connectivity in different areas, with a level of detail which is useful to support their choice in terms of connectivity services, in line with national regulatory authority´s obligations regarding the protection of confidential information and business secrets.

Amendment 492 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 22 – paragraph 6

6. NIf the relevant information for end-users is not available on the market, national regulatory authorities may make available information tools to end-users, in order to assist them to determine the availability of connectivity in different areas, with a level of detail which is useful and sufficiently comprehensive to support their choice in terms of connectivity services, in line with national regulatory authority´s obligations regarding the protection of confidential information and business secrets.

Amendment 493 #

Proposal for a directive
Article 22 – paragraph 6

6. NIf the relevant information for end-users is not available on the market, national regulatory authorities may make available information tools to end- users, in order to assist them to determine the availability of connectivity in different areas, with a level of detail which is useful to support their choice in terms of connectivity services, in line with national regulatory authority´s obligations regarding the protection of confidential information and business secrets.

Amendment 494 #

Proposal for a directive
Article 22 – paragraph 7

7. By [date] in order to contribute to the consistent application of geographical surveys and forecasts, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, issue guidelines to assist national regulatory authorities on the consistent implementation of their obligations under this Article.deleted

Amendment 495 #

Proposal for a directive
Article 25 – paragraph 1

1. Member States shall ensure that consumers have access to transparent, non- discriminatory, simple, fast, fair and inexpensive out-of-court procedures for their unresolved disputes with undertakings providing publicly available electronic communications ~~services other than number-independent interpersonal communications~~ services, arising under this Directive and relating to the contractual conditions and/or performance of contracts concerning the supply of those networks and/or services. Member States shall enable the national regulatory authority to act as a dispute settlement entity. Such procedures shall comply with the quality requirements set out in Chapter II of Directive 2013/11/EU. Member States may grant access to such procedures to other end-users, in particular micro and small enterprises.

Amendment 496 #

Proposal for a directive
Article 26 – paragraph 1

1. In the event of a dispute arising in connection with existing obligations under this Directive between undertakings providing electronic communications networks or services in a Member State, or between such undertakings and other undertakings in the Member State benefiting from obligations of access and/or interconnection or between undertakings providing electronic communications networks or services in a Member State and providers of associated facilities , the national regulatory authority concerned shall, at the request of either party, and without prejudice to paragraph 2 and on the basis of clear and effective guidelines and procedures, issue a binding decision to resolve the dispute in the shortest possible time frame and in any case within four months, except in exceptional circumstances. The Member State concerned shall require that all parties cooperate fully with the national regulatory authority.

Amendment 497 #

Proposal for a directive
Article 27 – paragraph 4 a (new)

4 a. In cases of crossborder disputes of which the resolution involves more than one national regulatory authority and where competent national regulatory authorities have not been able to reach an agreement within a period of 3 months, after the case in question was referred to the last of those regulatory authorities, BEREC shall be empowered to adopt binding decisions to ensure a consistent resolution of the dispute.

Amendment 498 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1

Amendment 499 #

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1

Amendment 500 #

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2

They shall take all necessary measures to this effect whilst taking into account their domestic needs and without prejudice to their obligations under international law and relevant international agreements such as the ITU Radio Regulations.

Amendment 501 #

Proposal for a directive
Article 28 – paragraph 2 – introductory part

2. Member States shall cooperate with each other~~, through the Radio Spectrum Policy Group,~~ in the cross-border coordination of the use of radio spectrum in order to:

Amendment 502 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Edouard MARTIN

Proposal for a directive
Article 28 – paragraph 2 – introductory part

2. Member States shall cooperate with each other, and through the Radio Spectrum Policy Group, in the cross-border coordination of the use of radio spectrum in order to:

Amendment 503 #

Proposal for a directive
Article 28 – paragraph 2 – introductory part

2. Member States shall cooperate with each other, and through the Radio Spectrum Policy Group, in the cross-border coordination of the use of radio spectrum in order to:

Amendment 504 #

Proposal for a directive
Article 28 – paragraph 2 – point b a (new)

(b a) contribute to the development of the internal market

Amendment 505 #

Proposal for a directive
Article 28 – paragraph 3

3. Any Member State concerned as well as the Commission may request the Radio Spectrum Policy Group to use its good offices and, where appropriate, to propose a coordinated solution in an opinion, in order to assist Member States in complying with paragraphs 1 and 2, including where compliance with paragraphs 1 and 2 involves coordination with third countries.

Amendment 506 #

Proposal for a directive
Article 28 – paragraph 3

3. Any Member State concerned ~~as well as the Commission~~ may request the Radio Spectrum Policy Group to use its good offices and, where appropriate, to propose a coordinated solution in an opinion, in order to assist Member States in complying with paragraphs 1 and 2.

Amendment 507 #

Proposal for a directive
Article 28 – paragraph 4

4. At the request of a Member State or upon its own initiative, the Commission may, taking utmost account of the opinion of the Radio Spectrum Policy Group, adopt implementing measures to resolve cross-border harmful interferences between two or several Member States which prevent them from using the harmonised radio spectrum in their territory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 110(4).deleted

Amendment 508 #

Proposal for a directive
Article 28 – paragraph 4

Amendment 509 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 29 – paragraph 1 a (new)

Right to compensation and liability Any user who has suffered material or non-material damage as a result of an infringement of this Directive shall have the right to receive compensation from the infringer for the damage suffered, unless the infringer proves that it is not in any way responsible for the event giving rise to the damage.

Amendment 510 #

Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2

it shall ~~make the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member States~~publish the draft measure, at the same time, together with the reasoning on which the measure is based, in accordance with Article 20(3), and inform the Commission, BEREC ~~and~~, other national regulatory authorities ~~thereof~~and stakeholders thereof at the same time. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within one month. The one-month period may not be extended.

Amendment 511 #

Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2

it shall ~~make~~publish the draft measure ~~accessible to the Commission, BEREC, and the national regulatory authorities in other Member States, at the same time~~, together with the reasoning and detailed analysis on which the measure is based, in accordance with Article 20(3), and inform the Commission, BEREC ~~and~~, other national regulatory authorities ~~thereof~~and stakeholders thereof at the same time. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within one month. The one-month period may not be extended.

Amendment 512 #

Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2

it shall make the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member States, at the same time, together with the reasoning and the detailed analysis on which the measure is based, in accordance with Article 20(3), and inform the Commission, BEREC and other national regulatory authorities thereof. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within one month. The one-month period may not be extended.

Amendment 513 #

Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2

it shall make the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member States, at the same time, together with the reasoning on which the measure is based, in accordance with Article 20(3), and inform the Commission, BEREC and other national regulatory authorities and stakeholders thereof. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within ~~one~~two month. The ~~one~~two-months period may not be extended.

Amendment 514 #

Miapetra KUMPULA-NATRI, Dan NICA, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 32 – paragraph 4 – subparagraph 2

and would affect trade between Member States, and the Commission has indicated to the national regulatory authority that it considers that the draft measure would create a barrier to the single market or if it has serious doubts as to its compatibility with Union law and in particular the objectives referred to in Article 3, the draft measure shall not be adopted for a further two months. This period may not be extended. The Commission shall inform BEREC, the other national regulatory authorities ~~of its reservations in such a case~~and stakeholders, at the same time, of its reservations in such a case and invite stakeholders to provide their observations.

Amendment 515 #

Proposal for a directive
Article 32 – paragraph 4 – subparagraph 2

and would affect trade between Member States, and the Commission has indicated to the national regulatory authority that it considers that the draft measure would create a barrier to the single market or if it has serious doubts as to its compatibility with Union law and in particular the objectives referred to in Article 3, the draft measure shall not be adopted for a further two months. This period may not be extended. The Commission shall inform BEREC, the other national regulatory authorities and stakeholders, at the same time, of its reservations in such a case.

Amendment 516 #

Proposal for a directive
Article 32 – paragraph 4 – subparagraph 2

and would affect trade between Member States, and the Commission or BEREC has indicated to the national regulatory authority that it considers that the draft measure would create a barrier to the single market or if it has serious doubts as to its compatibility with Union law and in particular the objectives referred to in Article 3, the draft measure shall not be adopted for a further two months. This period may not be extended. The Commission or BEREC shall inform other national regulatory authorities of its reservations in such a case.

Amendment 517 #

Proposal for a directive
Article 32 – paragraph 5 – subparagraph 1 – introductory part

Within the two-month period referred to in paragraph 4, the Commission or BEREC may:

Amendment 518 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 32 – paragraph 5 – subparagraph 2

The Commission shall take utmost account of the opinion of BEREC before issuing a decision, and vice versa. The decision shall be accompanied by a detailed and objective analysis of why the Commission or BEREC considers that the draft measure should not be adopted, together with specific proposals for amending the draft measure.

Amendment 519 #

Proposal for a directive
Article 32 – paragraph 5 a (new)

5 a. Within six weeks from the beginning of the two month period referred to in paragraph 4, BEREC shall, acting by a majority of its component members, issue an opinion on the Commission's notification referred to in paragraph 4, indicating whether it considers that the draft measure should be amended or withdrawn and, where appropriate, provide specific proposals to that end. This opinion shall be reasoned and made public.

Amendment 520 #

Proposal for a directive
Article 32 – paragraph 6

6. Where the Commission or BEREC has adopted a decision in accordance with paragraph 5, requiring the national regulatory authority to withdraw a draft measure, the national regulatory authority shall amend or withdraw the draft measure within six months of the date of the Commission's or BEREC's decision. When the draft measure is amended, the national regulatory authority shall undertake a public consultation in accordance with the procedures referred to in Article 23, and shall re-notify the amended draft measure to the Commission and BEREC in accordance with the provisions of paragraph 3.

Amendment 521 #

Proposal for a directive
Article 32 – paragraph 7

7. The national regulatory authority concerned shall take the utmost account of comments of other national regulatory authorities, BEREC and the Commission and may, except in cases covered by paragraphs 4 and 5(a), adopt the resulting draft measure and, where it does so, shall communicate it to the Commission and BEREC.

Amendment 522 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 32 – paragraph 7 a (new)

7 a. The national regulatory authority may withdraw the proposed draft measure at any stage of the procedure. Thereafter, it shall re-initiate the procedure in accordance with the provisions set out in paragraph 3.

Amendment 523 #

Proposal for a directive
Article 32 – paragraph 8 a (new)

8 a. The national regulatory authority may withdraw the proposed draft measure at any stage of the procedure.

Amendment 524 #

Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1

Where an intended measure covered by Article 32(3) aims at imposing, amending or withdrawing an obligation on an operator in application of Article 65 in conjunction with Article 59 and Articles 67 to 74, the Commission or BEREC may, within the period of one month provided for by Article 32(3), notify the national regulatory authority concerned and BEREC (or the Commission) of its reasons for considering that the draft measure would create a barrier to the single market or its serious doubts as to its compatibility with Union law. In such a case, the draft measure shall not be adopted for a further three months following the Commission's or BEREC's notification.

Amendment 525 #

Proposal for a directive
Article 33 – paragraph 3 a (new)

3 a. In the case of a notification by BEREC, within six weeks from the beginning of the three month period referred to in paragraph 1, the Commission shall issue an opinion the abovementioned notification, indicating whether it considers that the draft measure should be amended or withdrawn and, where appropriate, provide specific proposals to that end. This opinion shall be reasoned and made public.

Amendment 526 #

Proposal for a directive
Article 33 – paragraph 4 – introductory part

4. If ~~in its opinion, BEREC shares the serious doubts of the Commiss~~the Commission and BEREC concur in their opinions, ithey shall cooperate closely with the national regulatory authority concerned to identify the most appropriate and effective measure. Before the end of the three month period referred in paragraph 1, the national regulatory authority may:

Amendment 527 #

Proposal for a directive
Article 33 – paragraph 4 – point a

(a) amend or withdraw its draft measure taking utmost account of the Commission's or BEREC's notification referred to in paragraph 1 and of the Commission's and BEREC's opinions and advice;

Amendment 528 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 33 – paragraph 5 – introductory part

5. The Commission or BEREC may, within one month following the end of the three month period referred to in paragraph 1 and taking utmost account of the opinion of BEREC (or of the Commission in the reverse situation) if any:

Amendment 529 #

Proposal for a directive
Article 33 – paragraph 5 – point a

(a) issue a recommendation requiring the national regulatory authority concerned to amend or withdraw the draft measure~~, including specific proposals to that end~~ and providing reasons justifying its recommendation, including specific proposals for amendment of the draft measure in particular where BEREC does not share the serious doubts of the Commission;

Amendment 530 #

Markus PIEPER, Herbert REUL

Proposal for a directive
Article 33 – paragraph 5 – point c

Amendment 531 #

Proposal for a directive
Article 33 – paragraph 5 – point c

Amendment 532 #

Proposal for a directive
Article 33 – paragraph 5 – point c

Amendment 533 #

Proposal for a directive
Article 33 – paragraph 5 – point c

(c) take a decision requiring the national regulatory authority concerned to withdraw the draft measure, where ~~BEREC shares the serious doubts of the Commission~~both the Commission and BEREC still oppose the draft measure. The decision shall be accompanied by a detailed and objective analysis of why the Commission and BEREC considers that the draft measure should not be adopted, together with specific proposals for amending the draft measure. In this case, the procedure referred to in Article 32 (6) shall apply mutatis mutandis.

Amendment 534 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Flavio ZANONATO

Proposal for a directive
Article 33 – paragraph 6 – subparagraph 1

Within one month of the Commission issuing the recommendation in accordance with paragraph 5(a) or lifting its reservations in accordance with paragraph 5(b) of this Article, the national regulatory authority concerned shall ~~communicate to~~withdraw the draft measure or adopt and publish the final measure and inform the Commission ~~and~~, BEREC ~~the adopted final measure~~and other national regulatory authorities and stakeholders thereof.

Amendment 535 #

Proposal for a directive
Article 33 – paragraph 6 – subparagraph 1

Within one month of the Commission or BEREC issuing the recommendation in accordance with paragraph 5(a) or lifting its reservations in accordance with paragraph 5(b) of this Article, the national regulatory authority concerned shall communicate to the Commission and BEREC the adopted final measure.

Amendment 536 #

Proposal for a directive
Article 35

~~[...]~~deleted

Amendment 537 #

Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1 – point a

~~(a) in case of individual rights of use for radio spectrum, the selection process, in relation to Article 54;~~deleted

Amendment 538 #

Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1 – point d

~~(d) the duration of the rights of use and the conditions for renewal in line with Articles 49 and Article 50;~~deleted

Amendment 539 #

Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1 – point e

(e) any measures to promote competition pursuant to Article 52, when necessary, including non-discriminatory and technologically neutral wholesale access obligations;

Amendment 540 #

Michał BONI, Gunnar HÖKMARK

Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1 – point e

(e) any measures to promote competition pursuant to Article 52, when necessary, including non-discriminatory wholesale access obligations;

Amendment 541 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Flavio ZANONATO

Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1 – point e

(e) any measures to promote competition pursuant to Article 52, when necessary, including non-discriminatory wholesale access obligations;

Amendment 542 #

Proposal for a directive
Article 35 – paragraph 1 – subparagraph 2

When adopting these measures, the national regulatory authority shall take into account the relevant national policy objectives set out by the Member State as well as other relevant national measures in regard to the management of radio spectrum in compliance with Union law and shall base its measure on a thorough and objective assessment of the competitive, technical and economic situation of the market.. It shall also take into account the need to cooperate with other Member States, with the Commission and BEREC in order to ensure a consistent application of the above mentioned powers across the Union. BEREC shall adopt, as soon as practicable following the adoption of this Directive, and to the extent necessary update, radio spectrum policy guidelines with a view to defining best practices in relation to the exercise by national regulatory authorities of their powers under the Code.

Amendment 543 #

Proposal for a directive
Article 35 – paragraph 2

2. Where a national regulatory authority intends to take a measure which falls within the scope of paragraph 1 (a) to (g), it shall make the draft measure accessible, together with the reasoning on which the measure is based, to BEREC, the Commission and national regulatory authorities in other Member States, at the same time.deleted

Amendment 544 #

Michał BONI, Gunnar HÖKMARK

Proposal for a directive
Article 35 – paragraph 2

2. WIn order to facilitate coordination and efficient use of spectrum, also across the borders, where a national regulatory authority intends to take a measure which falls within the scope of paragraph 1 (a) to (g), it shall make the draft measure accessible, together with the reasoning on which the measure is based, to BEREC, the Radio Spectrum Policy Group and the Commission and national regulatory authorities in other Member States, at the same time.

Amendment 545 #

Proposal for a directive
Article 35 – paragraph 2

2. Where a national regulatory authority intends to take a measure which falls within the scope of paragraph 1 (a) to (g), it shall take the utmost account of BEREC's radio spectrum policy guidelines, make the draft measure accessible, together with the reasoning on which the measure is based, to BEREC, the Commission and national regulatory authorities in other Member States, at the same time and hold a consultation in accordance with Article 24.

Amendment 546 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 35 – paragraph 2

2. Where a national regulatory authority intends to take a measure which falls within the scope of paragraph 1 (a) to (g), it shall make the draft measure publicly available and accessible, together with the reasoning on which the measure is based, toand inform BEREC, the Commission and national regulatory authorities in other Member States, thereof at the same time.

Amendment 547 #

Proposal for a directive
Article 35 – paragraph 3

3. Within one month, or a longer period, if the national regulatory authority agrees to extend the deadline, BEREC shall issue a reasoned opinion on the draft measure, which shall analyse whether that measure would be the most appropriate in order to: (a) promote the development of the internal market as well as competition and maximise the benefits for the consumer, and overall achieve the objectives and principles set in Articles 3 and 45(2), (b) ensure effective and efficient use of radio spectrum; and (c) ensure stable and predictable investment conditions for existing and prospective radio spectrum users when deploying networks for the provision of electronic communications services which rely on radio spectrum. The reasoned opinion shall state if the draft measure should be amended or withdrawn. Where appropriate, BEREC shall provide specific recommendations to that end. National regulatory authorities and the Commission may also make comments on the draft decision to the national regulatory authority concerned.deleted

Amendment 548 #

Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – introductory part

Within one month, or a longer period up to three months, if the national regulatory authority agrees to extend the deadline, BEREC shall issue a reasoned opinion on the draft measure, which shall analyse whether that measure would be the most appropriate in order to:

Amendment 549 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – point a

(a) promote the development of the internal market and the crossborder provision of services as well as competition and maximise the benefits for the consumer, and overall achieve the objectives and principles set in Articles 3 and 45(2),

Amendment 550 #

Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – point a

(a) promote the development of the internal market as well as ensuring competition and maximise the benefits for the consumer, and overall achieve the objectives and principles set in Articles 3 and 45(2),

Amendment 551 #

Michał BONI, Henna VIRKKUNEN, Françoise GROSSETÊTE, Anne SANDER, Gunnar HÖKMARK

Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – point a

Amendment 552 #

Proposal for a directive
Article 35 – paragraph 4 – point c a (new)

(c a) the principles of service and technological neutrality and of effective and efficient use of spectrum;

Amendment 553 #

Proposal for a directive
Article 35 – paragraph 5

5. The national regulatory authority concerned shall take utmost account of the opinion of BEREC and of comments made by the Commission and other national regulatory authorities before adopting its final decision. It shall communicate the final decision adopted to BEREC and the Commission. Where the national regulatory authority decides not to amend or withdraw the draft measure on the basis of the reasoned opinion issued pursuant to paragraph 2 of this Article, it shall provide a reasoned justification. The national regulatory authority concerned may withdraw its draft measure at any stage of the procedure.deleted

Amendment 554 #

Proposal for a directive
Article 35 – paragraph 5 – subparagraph 1

The national regulatory authority concerned shall take utmost account of the opinion of BEREC and ~~of comments made by the Commission and~~ other national regulatory authorities before adopting its final decision. It shall communicate the final decision adopted to BEREC and the Commission.

Amendment 555 #

Proposal for a directive
Article 35 – paragraph 7

7.(7) BEREC~~, the Commission~~ and the national regulatory authority concerned shall cooperate closely to identify the most appropriate and effective solution in the light of the regulatory objectives and principles laid down in this Directive whilst taking due account of the views of market participants and the need to ensure the development of consistent regulatory practice.

Amendment 556 #

Michał BONI, Françoise GROSSETÊTE, Anne SANDER, Gunnar HÖKMARK

Proposal for a directive
Article 37 – paragraph 1 – introductory part

1. TIn cases of significant risks of crossborder harmful interference, two or several Member States ~~may~~shall cooperate with each other and with the Commission and BEREC to meet their obligations under Articles 13, 46 and 54, by jointly establishing the common aspects of an authorisation process and also jointly conducting the selection process to grant individual rights of use for radio spectrum in line, where applicable with any common timetable established in accordance with Article 53. Any market participant may request the conduction of a joint selection process where providing sufficient supporting evidence that the lack of coordination creates a significant barrier to the internal market. The joint authorisation process shall meet the following criteria:

Amendment 557 #

Proposal for a directive
Article 37 – paragraph 1 – introductory part

1. Two or several Member States may cooperate with each other and with the Commission and BEREC to meet their obligations under Articles 13, 46 and 54, by jointly establishing the common aspects of an authorisation process and also jointly or through the Commission or BEREC and RSPG, conducting the selection process to grant individual rights of use for radio spectrum in line, where applicable with any common timetable established in accordance with Article 53. The joint authorisation process shall meet the following criteria:

Amendment 558 #

Michał BONI, Gunnar HÖKMARK, Françoise GROSSETÊTE, Anne SANDER

Proposal for a directive
Article 37 – paragraph 1 – point d a (new)

(d a) it shall provide for the manner in which the Member States concerned will reach a common position for the granting of the individual rights.

Amendment 559 #

Proposal for a directive
Article 38 – paragraph 1

1. Without prejudice to Article s 37, 45, 46(3), 47(3), 53, where ~~the Commission~~BEREC or a national regulatory authority finds that divergences in the implementation by the national regulatory authorities or by other competent authorities of the regulatory tasks specified in this Directive may create a barrier to the internal market, ~~the Commission may, taking the utmost account of the opinion of~~and without prejudice to the powers of the Commission, BEREC, may issue a ~~recommendation or a~~binding decision on the harmonised application of the provisions in this Directive ~~and~~, in order to further the achievement of the objectives set out in Article 3, only upon request from a national regulatory authority or upon a complaint lodged by an undertaking providing electronic communications networks or services in more than one Member State and subject to divergent implementations of this Directive.

Amendment 560 #

Proposal for a directive
Article 38 – paragraph 1 a (new)

1 a. A decision shall be adopted in the shortest possible time frame and in any case within four months, except in exceptional circumstances, from the referral of the subject matter in accordance with Regulation [xxxx/xxxx/EC (BEREC Regulation)]. The binding decision referred to in paragraph 1 shall be reasoned and addressed to national regulatory authorities concerned.

Amendment 561 #

Proposal for a directive
Article 38 – paragraph 2

2. Member States shall ensure that national regulatory and other competent authorities ~~take the utmost account of recommendations~~implement the decisions taken pursuant to paragraph 1 in carrying out their tasks. ~~Where a national regulatory authority or other competent authority chooses not to follow a recommendation, it shall inform the Commission, giving the reasons for its position.~~

Amendment 562 #

Proposal for a directive
Article 38 – paragraph 3 – point a – paragraph 2 – indent 1

- after at least two years following the adoption of a ~~Commission Recommendation dealing with the same matter~~BEREC decision, and

Amendment 563 #

Proposal for a directive
Article 39 – paragraph 2 – subparagraph 1

Member States shall encourage the use of the standards and/or specifications referred to in paragraph 1, for the provision of services, technical interfaces and/or network functions, to the extent strictly necessary to ensure interoperability of services, end-to-end connectivity, facilitation of switching and to improve freedom of choice for users.

Amendment 564 #

Pilar del CASTILLO VERA

Proposal for a directive
Article 39 – paragraph 2 – subparagraph 4 a (new)

Any standards referred to in paragraph 1 or this paragraph shall facilitate access as may be required under this Directive where feasible.

Amendment 565 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to ensure that, when necessary for confidentiality, electronic communications content is encrypted from end-to-end by default, in order to prevent and minimise the impact of security incidents on users and on other networks and services.

Amendment 566 #

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to ensure that, when necessary for confidentiality, electronic communications content is encrypted from end-to-end by default, in order to prevent and minimise the impact of security incidents on users and on other networks and services.

Amendment 567 #

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to ensure that electronic communications content are encrypted from end-to-end by default, in order to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.

Amendment 568 #

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to ensure that electronic communications content are encrypted from end-to-end by default, in order to prevent and minimise the impact of security incidents on users and on other networks and services.

Amendment 569 #

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available number-based electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.

Amendment 570 #

Proposal for a directive
Article 40 – paragraph 1 a (new)

1 a. Member States shall not impose any obligation to undertakings providing public communications networks or publicly available electronic communications services that would result in the weakening of the security of their networks and services.

Amendment 571 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 1

Amendment 572 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point d

(d) the extent to which the functioning of the network or service is disrupted;

Amendment 573 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point e

~~(e) the impact on economic and societal activities.~~deleted

Amendment 574 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point e

~~(e) the impact on economic and societal activities.~~deleted

Amendment 575 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 4 a (new)

Member States shall ensure that in case of a particular risk of a security incident in public communications networks or publicly available electronic communications services providers of such networks or services shall inform their end-users of such a risk and of any possible protective measures or remedies which can be taken by the end-users.

Amendment 576 #

Proposal for a directive
Article 40 – paragraph 5

~~5. The Commission, shall be empowered to adopt~~ delegated acts in accordance with Article 109 with a view to specifying the measures referred to in paragraphs 1 and 2, including measures defining the circumstances, format and procedures applicable to notification requirements. The delegated acts shall be based on European and international standards to the greatest extent possible, and shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2.

Amendment 577 #

Proposal for a directive
Article 40 – paragraph 5

5. The Commission, shall be empowered to adopt delegated acts in accordance with Article 109 with a view to specifying the measures referred to in paragraphs 1 and 2, including measures defining the circumstances, format and procedures applicable to notification requirements. The delegated acts shall be based on European and international standards to the greatest extent possible, and shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2. Where Member States impose additional requirements on undertakings providing public communications networks or publicly available electronic communications services in more than one Member state, they should notify these measures to the Commission and ENISA. ENISA shall assist Member states in coordinating the measures taken to avoid duplication or diverging requirements that may create security risks and barriers to the internal market.

Amendment 578 #

Proposal for a directive
Article 40 – paragraph 5 a (new)

5 a. By ...[date] in order to contribute to the consistent application of measures for the security of networks and services, ENISA, shall, after consulting stakeholders and in close cooperation with the Commission and BEREC issue guidelines on minimum criteria and common approaches for the security of networks and services and the promotion of the use of end-to-end encryption.

Amendment 579 #

Proposal for a directive
Article 41 – paragraph 1

Amendment 580 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER, Flavio ZANONATO

Proposal for a directive
Article 41 – paragraph 3

3. Member States shall ensure that the competent authorities have all the powers necessary to investigate cases of non- compliance and the effects thereof on the security of the networks and services., and that undertakings providing public communications networks have a responsibility to react to cybersecurity incidents caused by hijacked devices;

Amendment 581 #

Proposal for a directive
Article 41 – paragraph 3

Amendment 582 #

Proposal for a directive
Article 42 – paragraph 1 – introductory part

1. Member States may allow the competent authority to impose fees for the rights of use for radio spectrum or rights to install facilities on, over or under public or private property that are used for the provision of electronic communications services or networks and associated facilities which ensure the optimal use of these resources. Member States shall ensure that such fees shall be objectively justified, transparent, non-discriminatory and proportionate in relation to their actual intended purpose of the use of the radio spectrum rights and shall take into account the objectives in Articles 3, 4 and 45(2), as well as:

Amendment 583 #

Proposal for a directive
Article 42 – paragraph 1 – introductory part

1. Member States may allow the competent authority to impose fees for the rights of use for radio spectrum or rights to install facilities on, over or under public or private property that are used for the provision of electronic communications services or networks and associated facilities which ensure the optimal use of these resources. Member States shall ensure that such fees shall be objectively justified, transparent, non-discriminatory and proportionate in relation to their intended purpose ~~and~~; they shall take into account the objectives in Articles 3, 4 and ~~45(2), as well as:~~abide by the spectrum management rules of Article 45.

Amendment 584 #

Proposal for a directive
Article 42 – paragraph 1 – point a

(a) being service and technology neutral, subject only to limitations in line with Article 45(4) and (5), while promoting the effective and efficient use of spectrum and maximising social and economic utility of spectrum;deleted

Amendment 585 #

Proposal for a directive
Article 42 – paragraph 1 – point b

~~(b) taking into account the need to foster the development of innovative services; an~~deleted

Amendment 586 #

Proposal for a directive
Article 42 – paragraph 1 – point c

~~(c) taking into account possible alternative uses of the resources.~~deleted

Amendment 587 #

Proposal for a directive
Article 42 – paragraph 2

2. Member States shall ensure that reserve prices established as minimum fees for rights of use for radio spectrum reflect and be proportionate to the additional costs entailed by conditions attached to these rights in pursuit of the objectives under Articles 3, 4 and 45(2), such as coverage obligations that would fall outside normal commercial standards, in accordance with paragraph 1 or the value of the spectrum for its next best use.

Amendment 588 #

Proposal for a directive
Article 42 – paragraph 2

2. Member States shall ensure that reserve prices established as minimum fees for rights of use for radio spectrum reflect the additional costs entailed by conditions attached to these rights in pursuit of the objectives under Articles 3, 4 and ~~45(2)~~rules under Article 45, such as coverage obligations that would fall outside normal commercial standards, in accordance with paragraph 1.

Amendment 589 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 42 – paragraph 3

3. Member States shall apply payment modalities linked to the actual availability of the radio spectrum in question, which do not unduly burden any ~~additional~~timely investments in networks and associated facilities necessary for the efficient use of the radio spectrum and the provision of related services.

Amendment 590 #

Proposal for a directive
Article 43 – paragraph 2 a (new)

2 a. Member States shall ensure that an effective appeal mechanism exists for undertakings whose requests for the granting of rights to install facilities are refused or otherwise not granted. The appeals body shall be independent of the parties involved and shall render a decision on appeal within two months.

Amendment 591 #

Proposal for a directive
Article 43 – paragraph 2 a (new)

2 a. Member States shall ensure that an effective mechanism exist to allow undertakings to appeal against decisions on the granting of rights to install facilities to a body that is independent of the parties involved.

Amendment 592 #

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 1

Taking due account of the fact that radio spectrum is a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio spectrum for electronic communications services and networks in their territory in accordance with Articles 3 and 4. They shall ensure that radio spectrum allocation used for electronic communications services and networks and issuing general authorisations or individual rights of use for such radio spectrum by competent authorities are based on objective, transparent, pro-competitive, non- discriminatory and proportionate criteria.

Amendment 593 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER, Flavio ZANONATO

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 1

Amendment 594 #

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 1

Amendment 595 #

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point a

(a) ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network as defined in Regulation 1315/2013;

Amendment 596 #

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point a

Amendment 597 #

Miapetra KUMPULA-NATRI, Dan NICA, Martina WERNER, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point a

Amendment 598 #

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point a

Amendment 599 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Flavio ZANONATO, Theresa GRIFFIN

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point c a (new)

(c a) ensuring predictability and consistency in the way rights are granted, renewed or modified in order to promote long term investments

Amendment 600 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point c a (new)

(c a) ensuring predictability and consistency in the way rights are granted, renewed or modified in order to promote long term investments

Amendment 601 #

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point e

(e) promoting the shared use of radio spectrum between similar and/or different uses of spectrum; promoting competition through appropriate established sharing rules and conditions, including the protection of existing rights of use, in accordance with Union law;

Amendment 602 #

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point e

(e) promoting the shared use of radio spectrum between similar and/or different uses of spectrum promoting competition through appropriate established sharing rules and conditions, including the protection of existing rights of use, in accordance with Union law;

Amendment 603 #

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point e a (new)

(e a) The Commission shall establish a programme aiming to release spectrum for shared and unlicensed uses. This programme shall include the development of a European database of shared and unlicensed spectrum.

Amendment 604 #

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 2

When adopting technical harmonisation measures under Decision No 676/2002/EC, the Commission may, taking utmost account of the opinion of Radio Spectrum Policy Group, adopt an implementing measure setting out whether, pursuant to Article 46 of this Directive, rights in the harmonised band shall be subject to a general authorisation or to individual rights of use. Those implementing measures shall be adopted in accordance with the examination procedure referred to in Article 110(4).deleted

Amendment 605 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 3

Where the Commission is considering acting to provide for measures in accordance with Article 39, it ~~may~~shall seek the advice of the Radio Spectrum Policy Group with regard to the implications of any such standard or specification for the coordination, harmonisation and availability of radio spectrum. The Commission shall take utmost account of the advice of the Radio Spectrum Policy Group in taking any subsequent steps.

Amendment 606 #

Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part

In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC, and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and Decision .../2017/EU concerning the use of the 470- 790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:

Amendment 607 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Edouard MARTIN

Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part

Amendment 608 #

Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part

Amendment 609 #

Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part

Amendment 610 #

Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – point a

(a) the finding of a lack of market demand for the use of the harmonised band is based on a public consultation in line with Article 23 and on a forward-looking assessment of the market competitive conditions ;

Amendment 611 #

Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – introductory part

Member States ~~may, however,~~shall provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services ~~where this is necessary~~in order to:

Amendment 612 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Edouard MARTIN, Theresa GRIFFIN

Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – introductory part

Amendment 613 #

Miapetra KUMPULA-NATRI, Dan NICA, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER

Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – point d a (new)

(d a) promote interconnection in Europe along major transport paths;

Amendment 614 #

Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – point d a (new)

(d a) promote interconnection in Europe along major transport paths;

Amendment 615 #

Proposal for a directive
Article 45 – paragraph 5 – subparagraph 2 – point d a (new)

(d a) the promotion of interconnection in Europe along major transport paths.

Amendment 616 #

Proposal for a directive
Article 45 – paragraph 5 – subparagraph 2 – point d a (new)

(d a) the promotion of interconnection in Europe along major transport paths

Amendment 617 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 45 – paragraph 5 – subparagraph 3

A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined by the Union and Member States in accordance with Union law.

Amendment 618 #

Proposal for a directive
Article 45 – paragraph 5 – subparagraph 3

A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined by Member States and the EU in accordance with Union law.

Amendment 619 #

Proposal for a directive
Article 45 – paragraph 5 – subparagraph 3

A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined by Member States and the EU in accordance with Union law.

Amendment 620 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1

Member States shall facilitate the use of radio spectrum, including shared use, under general authorisations and limit the granting of individual rights of use for radio spectrum to situations where such rights are necessary to maximise efficient use in the light of demand and, taking into account the criteria set out in the second subparagraph. In all other cases, they shall set out the conditions for the use of radio spectrum in a general authorisation.

Amendment 621 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN, Edouard MARTIN

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1

Member States shall decide on the most appropriate regime for authorising the use of radio spectrum, facilitate the use of radio spectrum, including shared use, under general authorisations and limit the granting of individual rights ofr use for radio spectrum to situations where such rights are necessary to maximise efficient use in the light of demand and, taking into account the criteria set out in the second subparagraph. In all other cases, they shall set out the conditions for thewhere necessary in order to: - avoid harmful interference, - ensure technical quality of service, - ensure coverage and performance of mobile network along all major roads and railways; - safeguard efficient use of ~~radio~~ spectrum ~~in a general authorisation~~, or - fulfil other objectives of general interest as defined by Member States in conformity with the Union law.

Amendment 622 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1

Amendment 623 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1

Member States shall facilitate the use of radio spectrum, including shared use, under general authorisations and limit the granting of individual rights of use for radio spectrum to situations where such rights are necessary to maximise efficient use in the light of demand and, taking into account the criteria set out in the second subparagraph and the continuity of services already operating in the same radio spectrum. In all other cases, they shall set out the conditions for the use of radio spectrum in a general authorisation.

Amendment 624 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1

Member States shall facilitate the use of radio spectrum, including shared use, under general authorisations and limit the granting of individual rights of use for radio spectrum to situations where such rights are necessary to maximise efficient use in the light of demand and, taking into account the criteria set out in the second subparagraph and the continuity of existing services relying on the same radio spectrum. In all other cases, they shall set out the conditions for the use of radio spectrum in a general authorisation.

Amendment 625 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2

To this end, Member States shall decide on the most appropriate regime for authorising the use of radio spectrum, taking account : (a) the specific characteristics of the radio spectrum concerned; (b) the need to protect against harmful interference; (c) the requirements for a reliable sharing arrangement, where appropriate; (d) the appropriate level of receiver resilience to ensure technical quality of communications or service; (e) objectives of general interest as defined by Member States in conformity with Union law.deleted

Amendment 626 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – introductory part

~~To this end, Member States shall decide on the most appropriate regime for authorising the use of radio spectrum, taking account~~where such rights are necessary to :

Amendment 627 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point a

~~(a) the specific characteristics of the radio spectrum concern~~deleted;

Amendment 628 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point b

(b) the need to avoid an protect against harmful interference;

Amendment 629 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point b

(b) ~~the need to protect against~~avoid harmful interference;

Amendment 630 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point c

Amendment 631 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point d

(d) ~~the appropriate level of receiver resilience to~~ ensure technical quality of ~~communications or~~ service ;

Amendment 632 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point d a (new)

(d a) requirements for coverage and performance of mobile network along all major roads and railways;

Amendment 633 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point d b (new)

(d b) suitable metrics to track the fulfilment of subparagraph (e), which are representative of end-user experience (voice and data);

Amendment 634 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point e

(e) fulfil other objectives of general interest as defined by Member States in conformity with Union law.

Amendment 635 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point e a (new)

(e a) requirements for coverage and performance of mobile network along all major roads and railways;

Amendment 636 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 – introductory part

2. Whenre app~~lying a general authorisation or individual rights taking in account measures adopted under Decision No 676/2002/EC where the~~ropriate, Member States shall consider the possibility to authorise the use of radio spectrum bansed con~~cerned has been harmonised, Member States shall seek to minimise problems of harmful interference, including in cases of shared use of radio spectrum on the basis of a combination of~~ a combination of general authorisation and individual rights of use. They shall in particular consider the possibility of the gradual transfer from general authorisation ~~and~~to individual rights of use~~. In so doing, t~~ where necessary to foster innovation and facilitate market entry of smaller market participants. They shall hfav~~e regard to the need:~~our technological solutions for the management of potential harmful interference with a view to choose the least restrictive authorisation regime possible.

Amendment 637 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 – introductory part

When applying a general authorisation or individual rights taking in account measures adopted under Decision No 676/2002/EC where the radio spectrum band concerned has been harmonised, Member States shall seek to ~~minimise~~avoid problems of harmful interference, including in cases of shared use of radio spectrum on the basis of a combination of general authorisation and individual rights of use. In so doing, they shall have regard to the need:

Amendment 638 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 – introductory part

Amendment 639 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 – indent 1

~~- to maintain incentives for incorporation of resilient receiver technologies in devices;~~deleted

Amendment 640 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 – indent 2

~~- to prevent impediments caused by alternative users;~~deleted

Amendment 641 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 – indent 2

- to prevent impediments caused by alternative users, for example to services already licensed to operate use the spectrum band;

Amendment 642 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 – indent 3

~~- to avoid to the best extent possible the application of the non-interference, non-protection principle to general authorisation regimes; an~~deleted

Amendment 643 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 – indent 4

~~- where that principle still applies, to protect against out-of-band interference.~~deleted

Amendment 644 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 – indent 4

- where that principle still applies, to protect against in-band and out-of-band interference.

Amendment 645 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 a (new)

When authorising the shared use of spectrum, Member States shall minimise the restrictions to the use of radio spectrum to what is necessary to avoid harmful interference, including by limiting to the best extent possible the application of the non-interference, non- protection principle. Where such principles shall apply, Member States shall take measures to ensure protection against out-of-and interference from adjacent bands.

Amendment 646 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN, Flavio ZANONATO

Proposal for a directive
Article 46 – paragraph 2

2. When taking a decision pursuant to paragraph 1 with a view to facilitating the shared use of radio spectrum, the competent authorities shall ensure that the rules and conditions for the shared use of radio spectrum are clearly set out and concretely specified in the acts of authori~~sation.~~zation. Such rules shall include fair and non-discriminatory wholesale access conditions for all operators, including virtual operators, and facilitate efficient spectrum use, competition and innovation;

Amendment 647 #

Proposal for a directive
Article 46 – paragraph 2

2. When taking a decision pursuant to paragraph 1 with a view to facilitating the shared use of radio spectrum, the competent authorities shall ensure that the rules and conditions for the shared use of radio spectrum promoting competition are clearly set out and concretely specified in the acts of authori~~sation~~zation. Such rules shall include fair and non-discriminatory wholesale access conditions for MVNOs.

Amendment 648 #

Proposal for a directive
Article 46 – paragraph 2

2. ~~When taking a decision pursuant to paragraph 1 with a view to facilitating the shared use of radio spectrum, the competent authoriti~~Member States shall ensure that the rules and conditions for the shared use of radio spectrum where applied are clearly set out and concretely specified in the acts of authorisation.

Amendment 649 #

Proposal for a directive
Article 46 – paragraph 3

3. The Commission may, taking utmost account of the opinion of the Radio Spectrum Policy Group, adopt implementing measures on the modalities of application of the criteria, rules and conditions referred to in paragraphs 1 and 2 with regard to harmonised radio spectrum. It shall adopt these measures in accordance with the examination procedure referred to in Article 110(4).deleted

Amendment 650 #

Proposal for a directive
Article 46 – paragraph 3

Amendment 651 #

Proposal for a directive
Article 46 – paragraph 3

3. The Commission may, taking utmost account of the opinion of the Radio Spectrum Policy Group, adopt implementing measures on the modalities of application of the criteria, rules and conditions referred to in paragraphs 1 and 24 with regard to harmonised radio spectrum. It shall adopt these measures in accordance with the examination procedure referred to in Article 110(4).

Amendment 652 #

Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1

Competent authorities shall attach conditions to individual rights and general authorisations to use radio spectrum in accordance with Article 13(1) in such a way as to ensure a sufficiently high level of network resilience and cyber security, in addition to ensuring the most effective and efficient use of radio spectrum by the beneficiaries of the general authorisation or the holders of individual rights or by any third party to which an individual right or part thereof has been traded or leased. They shall clearly define any such conditions including the level of use required and the possibility to trade and lease in relation to this obligation in order to ensure the implementation of those conditions in line with Article 30. Conditions attached to renewals of right of use for radio spectrum may not provide undue advantages to existing holders of those rights.

Amendment 653 #

Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1

Competent authorities shall attach conditions to individual rights and general authorisations to use radio spectrum in accordance with Article 13(1) in such a way as to ensure the most effective and efficient use of radio spectrum by the beneficiaries of the general authorisation or the holders of individual rights or by any third party to which an individual right or part thereof has been traded or leased. They shall promote competition by clearly defineing any such conditions including the level of use required and the possibility to trade and lease in relation to this obligation in order to ensure the implementation of those conditions in line with Article 30. Conditions attached to renewals of right of use for radio spectrum may not provide undue advantages to existing holders of those rights.

Amendment 654 #

Proposal for a directive
Article 47 – paragraph 2

2. When attaching conditions to individual rights of use for radio spectrum, competent authorities may ~~authoris~~impose where appropriate the sharing of passive or active infrastructure, or of radio spectrum, as well as commercial roaming access agreements, or they may authorize joint roll-out of infrastructures for the provision of services or networks which rely on the use of radio spectrum, in particular with a view to ensuring effective and efficient use of radio spectrum or promoting coverage or deployment of innovative technologies. Conditions attached to the rights of use shall not prevent the sharing of radio spectrum. Implementation by undertakings of conditions attached pursuant to this paragraph shall remain subject to competition law.

Amendment 655 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER, Flavio ZANONATO

Proposal for a directive
Article 47 – paragraph 2

2. When attaching conditions to individual rights of use for radio spectrum, competent authorities may authorise the sharing of passive or active infrastructure, or of radio spectrum, as well as commercial roaming access agreements~~, or the joint roll-out of infrastructures~~ for the provision of services or networks which rely on the use of radio spectrum, in particular with a view to ensuring effective and efficient use of radio spectrum or promoting coverage of close to 100 percent of Europeans as well as the deployment of innovative technologies. Conditions attached to the rights of use shall not prevent the sharing of radio spectrum. Implementation by undertakings of conditions attached pursuant to this paragraph shall remain subject to competition law.

Amendment 656 #

Proposal for a directive
Article 47 – paragraph 2

Amendment 657 #

Proposal for a directive
Article 47 – paragraph 2

2. When attaching conditions to individual rights of use for radio spectrum, competent authorities may authorise the sharing of passive or active infrastructure, or of radio spectrum, as well as commercial roaming access agreements, or the joint roll-out of infrastructures for the provision of services or networks which rely on the use of radio spectrum, in particular with a view to ensuring effective and efficient use of radio spectrum or promoting coverage. Conditions attached to the rights of use shall ~~not prevent~~facilitate, by different means, the sharing of radio spectrum. Implementation by undertakings of conditions attached pursuant to this paragraph shall remain subject to competition law.

Amendment 658 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 47 – paragraph 3

3. The Commission may adopt implementing measures in order to specify the modalities of applying the conditions that Member States may attach to authorisations to use harmonised radio spectrum in accordance with paragraphs 1 and 2, with the exception of fees pursuant to Article 42. With regard to the coverage requirement under Part D of Annex I, any implementing measure shall be limited to specifying criteria to be used by the competent authority to define and measure coverage obligations, taking into account similarities of regional geographical characteristics, population density, economic development or network development for specific types of electronic communications and evolution of demand. Implementing measures shall not extend to the definition of specific coverage obligations. Those implementing measures shall be adopted in accordance with the examination procedure referred to in Article 110(4), taking utmost account of any opinion of the Radio Spectrum Policy Group.deleted

Amendment 659 #

Proposal for a directive
Article 47 – paragraph 3 – subparagraph 1

The Commission may adopt implementing measures in order to specify the modalities of applying the conditions that Member States may attach to authorisations to use ~~harmonised~~ radio spectrum in accordance with paragraphs 1 and 2, with the exception of fees pursuant to Article 42.

Amendment 660 #

Proposal for a directive
Article 48 – paragraph 2

2. Without prejudice to specific criteria and procedures adopted by Member States to grant rights of use for radio spectrum to providers of radio or television broadcast content services with a view to pursuing general interest objectives in conformity with Union law, the rights of use for radio spectrum shall be granted through open, objective, pro- competitive, transparent, non- discriminatory and proportionate procedures, and, in the case of radio frequencies, in accordance with the provisions of Article 45.

Amendment 661 #

Proposal for a directive
Article 48 – paragraph 2

2. Without prejudice to specific criteria and procedures adopted by Member States to grant rights of use for radio spectrum to providers of radio or television broadcast content services with a view to pursuing general interest objectives in conformity with Union law, the rights of use for radio spectrum shall be granted through open, objective, transparent, pro- competitive, non- discriminatory and proportionate procedures, and, in the case of radio frequencies, in accordance with the provisions of Article 45.

Amendment 662 #

Proposal for a directive
Article 48 – paragraph 3

3. An exception to the requirement of open procedures may apply in cases where the granting of individual rights of use for radio spectrum to the providers of radio or television broadcast content services is necessary to achieve a general interest objective as defined by the Union and the Member States in conformity with Union law.

Amendment 663 #

Proposal for a directive
Article 49 – paragraph 1

1. Where Member States authorise the use of radio spectrum through individual rights of use for a limited period of time, they shall ensure that the authorisation is granted for a period that is appropriate in view of the objective pursued taking due account of the need to ensure effective and efficient use ~~and~~, promote efficient investments, including by allowing for an appropriate period for investment amortisation , promote innovation and allow for the evolution of services and technologies.

Amendment 664 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER

Proposal for a directive
Article 49 – paragraph 1

1. Where Member States authorise the use of radio spectrum through individual rights of use for a limited period of time, they shall ensure that the authorisation is granted for a period that is appropriate in view of the objective pursued taking due account of the need to ensure competition as well as effective and efficient use and promote efficient investments, including by allowing for an appropriate period for investment amortisation.

Amendment 665 #

Proposal for a directive
Article 49 – paragraph 2

Amendment 666 #

Proposal for a directive
Article 49 – paragraph 2

2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 215 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands, and subject to the provisions of Article 19 and 30. Where the rights of use duration goes beyond 15 years, a mid-term assessment shall be convened after 10 years of granting the rights of use. Rights of use may be withdrawn or adjusted by the Member States pursuant to this assessment if such allocation prevents: - ensuring the efficient and effective use of radio spectrum, - pursuing a general interest objective, such as the achievement of the Union connectivity targets, or - organising and using radio spectrum for public order, public security purposes or defence. In case of withdrawal, the rights of use can only be revoked after a transitional period.

Amendment 667 #

Proposal for a directive
Article 49 – paragraph 2

2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, th~~ose rights of use for harmonised radio spectrum shall be valid for a duratio~~ey shall ensure those rights of use remain valid for a minimum period of [15] years subject to a mid-term assessment after [7-10] years of granting the rights of use. Rights of use may be withdrawn ofr a~~t least 25 years, except~~ djusted by the Member States after the mid-term assessment if such rights prevent: - ensuring the ~~case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands~~efficient and effective use of radio spectrum, - pursuing a general interest objective, such as the achievement of the Union connectivity targets, or - organising and using radio spectrum for public order, public security purposes or defence. In case of withdrawal, the rights of use can only be revoked after a transitional period.

Amendment 668 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER

Proposal for a directive
Article 49 – paragraph 2

Amendment 669 #

Proposal for a directive
Article 49 – paragraph 2

Amendment 670 #

Proposal for a directive
Article 49 – paragraph 2

2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a maximum duration of ~~at least~~ 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands. Where rights of use have been granted for a duration of 25 years, Member states shall conduct reviews at regular intervals of every 5 years to assess if the use of spectrum is the most efficient in light of technological or market evolution, and where justified and necessary shall amend such rights in accordance with articles 50 and 51.

Amendment 671 #

Proposal for a directive
Article 49 – paragraph 2

2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 2530 years, provided there are conditions to facilitate trading, leasing and sharing of rights, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.

Amendment 672 #

Proposal for a directive
Article 49 – paragraph 2

Amendment 673 #

Proposal for a directive
Article 49 – paragraph 2

2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a ~~duration of at least 25 years~~n appropriate duration, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.

Amendment 674 #

Proposal for a directive
Article 49 – paragraph 2

Amendment 675 #

Proposal for a directive
Article 49 – paragraph 3

3. Member States may without prejudice to Article 53,extend the duration of rights of use for a ~~short~~ period of time to ensure the simultaneous expiry of rights in one or several bands, which shall be as short as possible.

Amendment 676 #

Proposal for a directive
Article 50 – paragraph 1

1. Competent authorities shall take a decision on the renewal of individual rights of use for harmonised radio spectrum, ~~at least 3 years~~ before the expiry of those rights. They shall consider such renewal, whether at their own initiative or upon timely request by the right holder~~, in the latter case not earlier than 5 years prior to expiry of the rights concerned~~. This shall be without prejudice to renewal clauses applicable to existing rights.

Amendment 677 #

Proposal for a directive
Article 50 – paragraph 2 – point a a (new)

(a a) the need to avoid service disruption with detrimental impact on users' experience;

Amendment 678 #

Proposal for a directive
Article 50 – paragraph 2 – point c

Amendment 679 #

Miapetra KUMPULA-NATRI, Dan NICA, Theresa GRIFFIN, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 50 – paragraph 2 – point d

(d) the need to promote, or avoid any distortion of, competition in line with Article 52, in particular by making necessary adjustments to existing spectrum assignments where justified in accordance with Article 49 to ensure effective competition and spectrum availability for potential new entrants;

Amendment 680 #

Proposal for a directive
Article 50 – paragraph 2 – point d

(d) the need to promote, or avoid any distortion of, competition in line with Article 52 by ensuring that new entrants can benefit from a redistribution of the spectrum as appropriate;

Amendment 681 #

Proposal for a directive
Article 50 – paragraph 2 – point f

(f) the ~~need to avoid severe service disruption~~likely effects on existing and future investments by the right holder.

Amendment 682 #

Proposal for a directive
Article 50 – paragraph 3 – subparagraph 2

If as a result of the consultation pursuant to the first subparagraph, there is evidence of market demand from undertakings other than those holding rights of use for spectrum in the band concerned, the competent authority shall grant the rights pursuant to Article 54s 52 and 54. By doing so, the authority shall ensure that any new entrant can effectively benefit from a redistribution of the spectrum.

Amendment 683 #

Proposal for a directive
Article 50 – paragraph 3 – subparagraph 2

If as a result of the consultation pursuant to the first subparagraph, there is clear evidence of market demand from undertakings other than those holding rights of use for spectrum in the band concerned, that would result in more effective and efficient use, the competent authority shall grant the rights pursuant to Article 54 if there are alternatives available.

Amendment 684 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN

Proposal for a directive
Article 50 – paragraph 3 – subparagraph 2

If as a result of the consultation pursuant to the first subparagraph, there is evidence of market demand from undertakings other than those holding rights of use for spectrum in the band concerned, the competent authority shall grant the rights pursuant to Article 54 and in compliance with the objectives set in articles 45 and 52.

Amendment 685 #

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – introductory part

When Member States grant, amend or renew rights of use for radio spectrum, their national regulatory authorities, after having completed a proper market assessment, may whenever it is indispensable to ensure competition may take appropriate measures such as:

Amendment 686 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – introductory part

When Member States grant, amend or renew rights of use for radio spectrum, their national regulatory authorities ~~may take~~should, if necessary in order to ensure effective competition pursuant to point 1 of this Article, consider appropriate measures such as:

Amendment 687 #

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – introductory part

When Member States grant, amend or renew rights of use for radio spectrum, their national regulatory authorities ~~may~~shall take appropriate measures such as, inter alia:

Amendment 688 #

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – introductory part

When Member States grant, amend or renew rights of use for radio spectrum, their national regulatory authorities ~~may~~shall take appropriate measures such as:

Amendment 689 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Edouard MARTIN

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point a

(a) limiting the amount of radio spectrum for which rights of use are granted to any undertaking, or attaching conditions to such rights of use, such as the provision of ~~wholesale access~~passive or active network sharing, national or regional roaming, wholesale access, in certain bands or in certain groups of bands with similar characteristics;

Amendment 690 #

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point a

(a) limiting the amount of radio spectrum for which rights of use are granted to any undertaking, or attaching conditions to such rights of use, such as the provision of ~~wholesale access~~network facility sharing, national or regional roaming, wholesale access, in certain bands or in certain groups of bands with similar characteristics;

Amendment 691 #

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point b

(b) reserving, if appropriate in regard to an exceptional situation in the national market, a certain part of a frequency band or group of bands ~~for assignment to new entrants~~certain types of authorisation holders or applicants. Such reservation shall take due account of all elements relevant to the market and operators concerned, including the overall position of the beneficiary of the reservation of rights across all possible activities likely to benefit from such reservation;

Amendment 692 #

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point b

(b) reserving, if appropriate ~~in regard to an exceptional situation in the national market~~, a certain part of a frequency band or group of bands for assignment to new entrants;

Amendment 693 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Edouard MARTIN, Theresa GRIFFIN

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point b

(b) reserving, if appropriate ~~in regard to an exceptional situation in the national market~~, a certain part of a frequency band or group of bands for assignment to new entrants, or, if appropriate, to exceptional situations in national markets;

Amendment 694 #

Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1 – point d

(d) prohibiting or imposing conditions on transfers of rights of use for radio spectrum, ~~not subject to national or Union merger control,~~ where such transfers are likely to result in significant harm to competition;

Amendment 695 #

Proposal for a directive
Article 52 – paragraph 3

3. When applying paragraph 2, national regulatory authorities shall act in accordance with the ~~procedures provided in~~ Articles 3,18, 19, 23 and 35 of this Directive.

Amendment 696 #

Proposal for a directive
Article 53 – paragraph 1 – introductory part

In order to ensure efficient use of spectrum and coordinate the use of harmonised radio spectrum in the Union and taking due account of the different national market situations, the Commission may, by way of an implementing measure:

Amendment 697 #

Proposal for a directive
Article 53 – paragraph 1 – introductory part

In order to coordinate the use of harmonised radio spectrum in the Union and taking due account of the different national market situations, the Commission ~~may~~shall, by way of an implementing measure:

Amendment 698 #

Proposal for a directive
Article 53 – paragraph 1 – point b

(b) where necessary to ensure the effectiveness of coordination, adopt any transitional measure regarding the duration of rights pursuant to Article 49, such as an extension or a reduction of their duration, in order to adapt existing rights or authorisations to such harmonised date.deleted

Amendment 699 #

Proposal for a directive
Article 53 – paragraph 1 – point b

Amendment 700 #

Proposal for a directive
Article 53 – paragraph 1 – point b a (new)

(b a) establish a common award procedure on the basis of EU-wide principles for the selection process including parameters of spectrum economic valuation measures,

Amendment 701 #

Proposal for a directive
Article 53 – paragraph 1 a (new)

The Commission shall, in its efforts to establish common maximum dates by which the use of specific harmonised radio spectrum bands shall be authorised, as set out in this Article, take into utmost consideration the need to ensure a swift harmonisation of spectrum bands which have been identified by the RSPG in its opinion on spectrum related aspects for next-generation wireless systems (5G) as 'pioneer' bands for use by 2020, in particular spectrum in the 3.4-3.8 GHz and the 24.25-27.5 GHz, as well as additional bands which the RSPG identifies as particularly important to this end.

Amendment 702 #

Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2

Where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or ~~end-~~user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to Article 12, to obligations regarding ~~end-~~users rights pursuant to Title III of Part III of this Directive nor to obligations to interconnect their networks pursuant to Article 59 (1). Individuals providing such access not-for- profit shall not be liable for information transmitted by third parties over such access.

Amendment 703 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 55 – paragraph 2

2. Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-user. Individuals providing access to their networks for non-commercial purposes shall not be liable for information transmitted by third parties through the use of such access.

Amendment 704 #

Proposal for a directive
Article 55 – paragraph 2

Amendment 705 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 55 – paragraph 2

2. Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an ~~end-~~user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the ~~end-~~user.

Amendment 706 #

Proposal for a directive
Article 55 – paragraph 2 a (new)

2 a. End-users allowing access to their internet access service as set out in paragraph 2 shall not be liable for any use that other end-users might do while connected to their network.

Amendment 707 #

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – introductory part

In line in particular with Article 3(1) of Regulation 2015/2120 of the European Parliament and of the Council,48 competent authorities shall ensure that providers of public communications networks or number-based publicly available electronic communications services do not unilaterally restrict: _________________ 48 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1

Amendment 708 #

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a

~~a) the right of end-users to accede to radio local area networks of their choice provided by third parties;~~deleted

Amendment 709 #

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a

a) the right of ~~end-~~users to accede to radio local area networks of their choice provided by third parties;

Amendment 710 #

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point b

b) the right of end-users to allow reciprocally or more generally access to the networks of such providers by other end-users through radio local area networks, including on the basis of third- party initiatives which aggregate and make publicly accessible the radio local area networks of different end-users.deleted

Amendment 711 #

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point b

b) the right of ~~end-~~users to allow reciprocally or more generally access to the networks of such providers by other end- users through radio local area networks, including on the basis of third-party initiatives which aggregate and make publicly accessible the radio local area networks of different end-users.

Amendment 712 #

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2

To that end, providers of public communications networks or publicly available electronic communications services shall make available and actively offer, clearly and transparently, products or specific offers allowing its end-users to provide access to third parties through a radio local area network.deleted

Amendment 713 #

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2

Amendment 714 #

Proposal for a directive
Article 55 – paragraph 4

4. Competent authorities shall not restrict the right of ~~end-~~users to allow reciprocally or more generally access to their radio local area networks by other end-users, including on the basis of third- party initiatives which aggregate and make the radio local area networks of different end-users publicly accessible.

Amendment 715 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 55 – paragraph 5 – point b

(b) by initiatives of non-governmental organisations or public authorities to aggregate and make reciprocally or more generally accessible the radio local area networks of different ~~end-~~users, including, where applicable, the radio local area networks to which public access is provided in accordance with point (a).

Amendment 716 #

Proposal for a directive
Article 58 – paragraph 2

2. Without prejudice to Article 21 of this Directive, Member States shall require that undertakings which acquire information from another undertaking before, during or after the process of negotiating access or interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. Where the conditions of competition demand it, access negotiations may be conducted via a neutral third party. Access negotiations should not unreasonably impede either party from acting unilaterally. The received information shall not be passed on to any other party, in particular other departments, subsidiaries or partners, for whom such information could provide a competitive advantage.

Amendment 717 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, media pluralism, cultural diversity, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

Amendment 718 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, ~~the deployment of very high capacity networks,~~ efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

Amendment 719 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, ~~the deployment of very high capacity networks,~~ efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

Amendment 720 #

Theresa GRIFFIN

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, ~~the deployment of very high capacity networks~~media pluralism, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

Amendment 721 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – introductory part

In particular, without prejudice to measures that may be taken regarding undertakings with significant market power in accordance with Article 66, national regulatory authorities shall be able to impose inter alia:

Amendment 722 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c

(c) in justified cases, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely where access to emergency services or end-to-end connectivity between end-users is endangered due to a lack of interoperability between interpersonal communications services.deleted

Amendment 723 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c

Amendment 724 #

Gunnar HÖKMARK, Henna VIRKKUNEN, Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c

Amendment 725 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c

(c) in justified cases~~, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely whe~~ where the reach, coverage and user uptake corresponds to that of number-based services and where strictly necessary in order to ensure access to emergency services or end-to-end co~~nnectivity~~mmunication between end-users is ~~endangered~~ due to a lack of interoperability between interpersonal communications services, obligations on providers of number- independent interpersonal communications services to make their services interoperable.

Amendment 726 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d

(d) to the extent that is necessary to ensure accessibility for end-users to ~~digital radio and television broadcasting~~radio broadcasting and audiovisual media services as well as related complementary services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non- discriminatory terms.

Amendment 727 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d

(d) to the extent that is necessary to ensure accessibility for end-users to digital radio and ~~television broadcasting~~audiovisual media services and related complementary services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.

Amendment 728 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d

Amendment 729 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 3

The obligations referred to in point (c) of the second subparagraph may only be imposed: (i) to the extent necessary to ensure interoperability of interpersonal communications services and may include obligations relating to the use and implementation of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; and (ii) where the Commission, on the basis of a report that it had requested from BEREC, has found an appreciable threat to effective access to emergency services or to end-to-end connectivity between end- users within one or several Member States or throughout the European Union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed, in accordance with the examination procedure referred to in Article 110(4).deleted

Amendment 730 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 3

Amendment 731 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 3 – point i

(i) to the extent necessary to ensure interoperability of interpersonal communications services and may include an obligation~~s relating to the use and implementation~~ to publish and authorize the use, modification and redistribution of any relevant information or an obligation to use or implement of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; and

Amendment 732 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 3 – point i

(i) to the extent necessary to ensure interoperability of interpersonal communications services and may include obligations relating to the use and implementation of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; ~~and~~such obligations shall not lead to the weakening of security standards of these services.

Amendment 733 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 3 – point ii

(ii) where the Commission, on the basis of a report that it had requested from BEREC, has found an appreciable threat to effective access to emergency services or to end-to-end connectivity between end- users within one or several Member States or throughout the European Union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed, in accordance with the examination procedure referred to in Article 110(4). Member states may not impose any additional obligations.

Amendment 734 #

Proposal for a directive
Article 59 – paragraph 2

2. National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors. National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density. National regulatory authorities shall not impose obligations in accordance with the second subparagraph where: (a)a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and (b)in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment.deleted

Amendment 735 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

NWhere this is justified on the grounds that replication of such network elements would be economically inefficient or technically impossible and the access to such elements is necessary to foster sustainable competition, national regulatory authorities shall impose obligations upon reasonable request, to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables~~, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rul~~. The access conditions imposed may include specific rules on access, including where necessary to the required associated facilities, on ~~access,~~ transparency ~~and~~, non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors. Such obligations shall only be imposed following a market analysis procedure in accordance with article 65 and shall complement but not replace regulatory measures taken in accordance with article 66 to ensure the effectiveness of the actions of national regulatory authorities to comply with the objectives set out in article 3 of this Directive.

Amendment 736 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

NWithout prejudice to 59(1), national regulatory authorities shall, taking full account of the principle of proportionality impose obligations ~~upon~~to meet reasonable requests to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside but close to the building, o~~n the owners of such wiring and cable or on undertaking~~r beyond it to a concentration point close to end-users, on the owners of such wiring and cable or on undertakings on providers of electronic communications networks or electronic communications services that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed shall be objective, transparent, non-discriminatory and proportionate in accordance with the principles set out in Article 3(3), and may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access~~, which, w~~. Therse ~~appropriate, are adjusted to take into account risk factors.~~measures should be consistent with the provisions of [Broadband Cost reductions Directive]

Amendment 737 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

Amendment 738 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

NIn particular, and without prejudice to the generalities of 59(1), national regulatory authorities ~~shall~~may impose obligations ~~upon~~to meet reasonable request ~~to grant~~s for access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building~~, on the owners of such wiring and cable or on undertaking~~ or beyond it to a concentration point close to end-users on providers of electronic communications networks or electronic communications services that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency ~~and~~, non- discrimination and ~~for apportioning the costs~~the price of access, which, where appropriate, are adjusted to take into account risk factors. When imposing access regulation beyond the first concentration or distribution point, national regulatory authorities may under special circumstances impose active or virtual access to such wiring and cables.

Amendment 739 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

National regulatory authorities ~~shall~~may impose obligations ~~upon~~to meet reasonable request ~~to grant~~s for access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, or beyond it to a concentration point close to end- users, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. These access conditions ~~impose~~should be imposed on fair and reasonable terms and conditions, and may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors. When imposing access regulation beyond the first concentration or distribution point, national regulatory authorities may, under special circumstances, impose active or virtual access to such wiring and cables.

Amendment 740 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

National regulatory authorities ~~shall~~may impose obligations ~~upon~~to address reasonable request ~~to grant~~s for access to wiring and cables inside buildings or, up to the first concentration or distribution point where that point is located outside the building, or beyond that point at a concentration point in proximity of the end-user, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors. National regulatory authorities may, when circumstances require it, impose active or virtual access to wiring and cables, in the event of imposing access regulation beyond the first concentration or distribution point.

Amendment 741 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

National regulatory authorities shall impose obligations ~~upon~~to meet reasonable request ~~to grant~~s for access to wiring and cables inside buildings or up to ~~the first~~a concentration or distribution point ~~where that point i~~as clo~~cated outside the building~~se to end-users as possible, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors. Under special circumstances, when access regulation is imposed beyond the first concentration or distribution point, national regulatory authorities may impose active or virtual access to such wiring and cables.

Amendment 742 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

National regulatory authorities shall impose obligations ~~upon~~to meet reasonable request ~~to grant~~s for access to wiring and cables inside buildings or up to ~~the first~~a concentration or distribution point ~~where that point i~~as clo~~cated outside the building~~se as possible to end-users, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency ~~and~~, non- discrimination and ~~for apportioning the costs~~the price of access, which, where appropriate, are adjusted to take into account risk factors.When imposing access regulation beyond the first concentration or distribution point, national regulatory authorities may under special circumstances impose active or virtual access to such wiring and cables.

Amendment 743 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to ~~the first~~a concentration or distribution point ~~where that point is located outside the building~~as close as possible to end-users, determined by the national regulatory authority, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access to such network elements and to associated facilities and services, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.

Amendment 744 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

NFollowing the completion of a market analysis carried out in accordance with Article 65, national regulatory authorities shall impose obligations ~~upon reasonable request~~ to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.

Amendment 745 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to ~~the first~~a concentration or distribution point ~~where that point is located outside the building~~as close as possible to end-users, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access to such network elements and to associated facilities and services, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.

Amendment 746 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

National regulatory authorities ~~shall~~may impose obligations upon reasonable request to grant access to wiring and cables inside residential buildings or up to the first concentration or distribution point where that point is located outside the residential building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.

Amendment 747 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1

National regulatory authorities ~~shall~~may impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non- discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.

Amendment 748 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2

National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.deleted

Amendment 749 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2

Amendment 750 #

Gunnar HÖKMARK, Henna VIRKKUNEN, Krišjānis KARIŅŠ, Bendt BENDTSEN

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2

Amendment 751 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2

Amendment 752 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2

Amendment 753 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Flavio ZANONATO

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2

~~National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions,~~When imposing access regulation beyond the first concentration or distribution point, national regulatory authorities may under special circumstances impose active or virtual access to such wiring and cables beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.

Amendment 754 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2

Amendment 755 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2

National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the ~~first~~ concentration or distribution point ~~to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers~~mentioned to the first subparagraph where such network element would be economically unviable or physically impossible to replicat~~ion~~e in areas with lower population density.

Amendment 756 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2

National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the ~~first~~ concentration or distribution point ~~to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers~~mentioned in the first subparagraph where such network elements would be economically unviable or physically impossible to replicat~~ion~~e in areas with lower population density.

Amendment 757 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3

National regulatory authorities shall not impose obligations in accordance with the second subparagraph where: (a) a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and (b) in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment.deleted

Amendment 758 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part

NWhen national regulatory authorities ~~shall not~~are considering the appropriateness and proportionality of imposeing obligations in accordance with the second subparagraph wtherey shall take into account in particular :

Amendment 759 #

Miapetra KUMPULA-NATRI, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part

Amendment 760 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part

National regulatory authorities shall not impose obligations in accordance with the second subparagraph where, in particular, but not exclusively:

Amendment 761 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part

National regulatory authorities shall not impose obligations in accordance with the second subparagraph where, in particular but not exclusively:

Amendment 762 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part

National regulatory authorities shall not impose obligations ~~in accordance with the second subparagraph~~beyond the first concentration or distribution point where:

Amendment 763 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part

National regulatory authorities shall not impose obligations ~~in accordance with the second subparagraph~~beyond the first concentration or distribution point where:

Amendment 764 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part

National regulatory authorities shall not impose obligations ~~in accordance with the second subparagraph~~beyond the first concentration or distribution point where:

Amendment 765 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part

National regulatory authorities shall not impose obligations ~~in accordance with the second subparagraph~~beyond the first concentration or distribution point where:

Amendment 766 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part

National regulatory authorities shall not impose obligations ~~in accordance with the second subparagraph~~beyond the first concentration or distribution point whe~~re:~~n

Amendment 767 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a

(a) a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); andeleted

Amendment 768 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a

Amendment 769 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a

Amendment 770 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a

(a) a viable ~~and similar~~ alternative means of access to end-users provided by the network operator and suitable for the provision of very high capacity networks is made available to any undertaking, provided that ~~the~~such access is offered onunder fair and reasonable terms and conditions ~~to a very high capacity network~~ by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and

Amendment 771 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a

(a) the existence of a viable and similar alternative means of access to end- users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network ~~by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b)~~; and

Amendment 772 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a

(a) athe existence of viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network ~~by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and~~

Amendment 773 #

Miapetra KUMPULA-NATRI, Flavio ZANONATO, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a

(a) a viable ~~and similar~~ alternative means of access to end-users is ~~made available to any undertaking~~provided by the network operator and suitable for the provision of very high capacity networks, provided that ~~the~~such access is offered on fair and reasonable terms and conditions ~~to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and~~; or

Amendment 774 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a

(a) a viable and similar alternative means of access to end-users is ~~made available to any undertaking~~provided by the network operator and suitable for the provision of very high capacity networks, provided that ~~the~~such access is offered on fair and reasonable terms and conditions ~~to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and~~; or

Amendment 775 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a

(a) a viable and functionally similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); ~~and~~or

Amendment 776 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b

(b) in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment; or these obligations may lead to strengthening the overall market position of undertakings designated as having significant market power. Obligations imposed under this paragraph are without prejudice to the ability of national regulatory authorities to impose obligations on an undertaking in accordance with Articles 66 to 72 and relax or lift obligations imposed under this paragraph on other undertakings in order to safeguard competition on a forward-looking basis.

Amendment 777 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b

(b) in the case of recently deployed network elements, in particular by smaller local ~~project~~or regional projects or undertakings, the granting of that access would compromise the economic or financial viability of their deployment.; or

Amendment 778 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b

(b) in the case of recently deployed network elements, ~~in particular by smaller local projects,~~ the granting of that access would compromise the economic or financial viability of their deployment.

Amendment 779 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b

(b) ~~in the case of recently deployed network elements, in particular by smaller local projects,~~ the granting of that access would compromise the economic or financial viability of their deployment in the case of recently deployed network elements, in particular by smaller local projects.

Amendment 780 #

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b

(b) in the case of recently deployed network elements, in particular by smaller local projects, the impact of granting of that access ~~would compromise~~on the economic or financial viability of their deployment.

Amendment 781 #

Esther DE LANGE, Pascal ARIMONT, Gunnar HÖKMARK

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b

Amendment 782 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b a (new)

(b a) c) these obligations may lead to strengthening the overall market position of undertakings designated as having significant market power. Obligations imposed under this paragraph are without prejudice to the ability of national regulatory authorities to impose obligations on an undertaking in accordance with Articles 66 to 72 and relax or lift obligations imposed under this paragraph on other undertakings in order to safeguard competition on a forward-looking basis.

Amendment 783 #

Proposal for a directive
Article 59 – paragraph 2 a (new)

2 a. Member States may ensure that national regulatory authorities may, on the grounds that the replication of infrastructure to end-users would be economically inefficient or physically impracticable, impose obligations upon reasonable request to grant access to network elements and to settle disputes concerning this access. Such access shall be subject to agreements concluded on the basis of fair and reasonable terms and conditions that allow replicability. When imposing such access the national regulatory authority shall do so proportionately, taking into account the future economic and financial viability of investments in new network elements, and solely if it is aimed at preventing or countering consumer harm and enabling maximum consumer benefits in terms of choice, price and quality on the basis of effective competition. It shall also respect the objective of promoting access to very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses.

Amendment 784 #

Proposal for a directive
Article 59 – paragraph 3

3. Member States shall ensure that national regulatory authorities have the power to impose on undertakings providing or authorised to provide electronic communications networks obligations in relation to the sharing of passive or active infrastructure, obligations to conclude localised roaming access agreements, or the joint roll-out of infrastructures directly necessary for the local provision of services which rely on the use of spectrum, in compliance with Union law, where it is justified on the grounds that, (a) the replication of such infrastructure would be economically inefficient or physically impracticable, and (b) the connectivity in that area, including along its main transport paths, would be severely deficient, or the local population would be subjected to severe restrictions on choice or quality of service, or on both. National regulatory authorities shall have regard to: (a) the need to maximise connectivity throughout the Union and in particular territorial areas; (b) the efficient use of radio spectrum; (c) the technical feasibility of sharing and associated conditions; (d) the state of infrastructure-based as well as service-based competition; (e) the possibility to significantly increase choice and higher quality of service for end-users; (f) technological innovation; (g) the overriding need to support the incentive of the host to roll out the infrastructure in the first place. Such sharing, access or coordination obligations shall be subject to agreements concluded on the basis of fair and reasonable terms and conditions. In the event of dispute resolution, national regulatory authorities may inter alia impose on the beneficiary of the sharing or access obligation, the obligation to share its spectrum with the infrastructure host in the relevant area.deleted

Amendment 785 #

Proposal for a directive
Article 59 – paragraph 3

Amendment 786 #

Proposal for a directive
Article 59 – paragraph 3 – subparagraph 1 – introductory part

Member States shall ensure that national regulatory authorities have the power to impose on undertakings providing or authorised to provide electronic communications networks obligations in relation to the sharing of passive ~~or active~~ infrastructure, or obligations to conclude localised roaming access agreements~~, or the joint roll-out of infrastructures~~ directly necessary for the ~~local~~ provision of sver~~vice~~y high capacity networks which rely on the use of spectrum, in compliance with Union law, ~~where it is~~provided no viable and similar alternative means of access to end-users is made available to any undertaking, according to fair and reasonable terms and conditions. However, such access shall be justified on the grounds that,

Amendment 787 #

Proposal for a directive
Article 59 – paragraph 3 – subparagraph 1 – introductory part

Member States shall ensure that national regulatory authorities have the power to impose on undertakings ~~providing or authorised to provide electronic communications networks~~which have been granted individual rights of use for radio spectrum, obligations in relation to the sharing of passive or active infrastructure, and obligations to conclude localised roaming access agreements, or the joint roll-out of infrastructures directly necessary for the local provision of services which rely on the use of spectrum, in compliance with Union law, where it is justified on the grounds that,

Amendment 788 #

Proposal for a directive
Article 59 – paragraph 3 – subparagraph 3

Such sharing, access ~~or coordination~~ obligations shall be subject to agreements concluded on the basis of fair and reasonable terms and conditions. In the event of dispute resolution, national regulatory authorities may inter alia impose on the beneficiary of the sharing or access obligation, the obligation to share its spectrum with the infrastructure host in the relevant area.

Amendment 789 #

Proposal for a directive
Article 59 – paragraph 4

4. Obligations and conditions imposed in accordance with paragraph 1,2 and 32 shall be objective, transparent, proportionate and non-discriminatory, they shall be implemented in accordance with the procedures referred to in Articles 236, 732 and 33. National regulatory authorities shall assess the results of such obligations and conditions within five years from the adoption of the previous measure adopted in relation to the same operators and whether it would be appropriate to withdraw or amend them in the light of evolving conditions. National regulatory authorities shall notify the outcome of their assessment in accordance with the same procedures.7a33of Directive 2002/21/EC (Framework Directive)

Amendment 790 #

Proposal for a directive
Article 59 – paragraph 6

6. By [entry into force plus 18 consistent definition of the location of network termination points by national regulatory authorities, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, adopt guidelines on common approaches to the identification of the network termination point in different network topologies. National regulatory authorities shall take utmost account of those guidelines when defining the location of network termination points.deleted order to contribute to a

Amendment 791 #

Proposal for a directive
Article 60 – paragraph 4

4. Conditions applied in accordance with this Article and with Article 59 are without prejudice to the ability of Member States to impose obligations in relation to the presentational aspect of electronic programme guides and ~~simila~~other listing and navigation facilities.

Amendment 792 #

Proposal for a directive
Article 61 – paragraph 2 – subparagraph 1

An undertaking shall be deemed to have significant market power if, either individually or jointly with others, including through a commercial or a co- investment agreement, it enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers.

Amendment 793 #

Proposal for a directive
Article 61 – paragraph 2 – subparagraph 1

An undertaking shall be deemed to have significant market power if, either individually or jointly with others, it enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers or when it is able to disrupt effective competition.

Amendment 794 #

Proposal for a directive
Article 61 – paragraph 2 – subparagraph 1 a (new)

Two or more undertakings may each be deemed to enjoy a position equivalent to having significant market power when they have the possibility to significantly impede effective competition, taking into account the relevant markets including but not limited to the market shares of other market participants, the market power of an undertaking on closely related markets, barriers to entry, market concentration, product differentiation, capacity constraints and switching costs.

Amendment 795 #

Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 a (new)

3. Where an undertaking has significant market power on a specific market (the first market), it may also be designated as having significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the second market pursuant to this Directive.

Amendment 796 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 a (new)

Amendment 797 #

Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 a (new)

Amendment 798 #

Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 a (new)

Amendment 799 #

Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 a (new)

Two or more undertakings are each deemed to enjoy a position equivalent to having significant market power when they might significantly impede effective competition.

Amendment 800 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 b (new)

An undertaking shall be deemed to have unilateral market power where, in the absence of significant market power, it enjoys a position of economic strength by virtue of the weakness of competitive constraints in an oligopolistic market, enabling it to act in a manner which is detrimental to consumer welfare.

Amendment 801 #

Proposal for a directive
Article 62 – paragraph 2

2. The Commission shall publish, at the latest on the date of entry into force of this Directive, guidelines for market analysis and the assessment of significant market power (hereinafter ‘the SMP guidelines’), which shall be in accordance with the principles of competition law. The SMP guidelines shall in particular provide detailed guidance and criteria to assess situations that give rise to a significant impediment to effective competition.

Amendment 802 #

Miapetra KUMPULA-NATRI, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Edouard MARTIN, Flavio ZANONATO

Proposal for a directive
Article 62 – paragraph 2

2. The Commission shall publish, after consulting with BEREC, at the latest on the date of entry into force of this Directive, guidelines for market analysis and the assessment of significant and unilateral market power (hereinafter ‘"the SMP guidelines’") which shall be in accordance with the relevant principles of competition law and the objectives of the Code.

Amendment 803 #

Miapetra KUMPULA-NATRI, Victor NEGRESCU, Zigmantas BALČYTIS, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 62 – paragraph 3

3. National regulatory authorities shall, taking the utmost account of the Recommendation and the SMP guidelines, define relevant markets appropriate to national circumstances, in particular relevant geographic markets within their territory, in accordance with the principles of competition law. ~~National regulatory authorities shall take into account the results of the geographical survey conducted in accordance with Article 22(1).~~ They shall follow the procedures referred to in Articles 23 and 32 before defining the markets that differ from those identified in the Recommendation.

Amendment 804 #

Proposal for a directive
Article 62 – paragraph 3

Amendment 805 #

Proposal for a directive
Article 62 – paragraph 3

Amendment 806 #

Proposal for a directive
Article 62 – paragraph 3

Amendment 807 #

Proposal for a directive
Article 62 – paragraph 3

3. National regulatory authorities shall, taking the utmost account of provisions including the Recommendation and the SMP guidelines, define relevant markets appropriate to national circumstances, in particular relevant geographic markets within their territory, in accordance with the principles of competition law. National regulatory authorities shall take into account the results of the geographical survey conducted in accordance with Article 22(1). They shall follow the procedures referred to in Articles 23 and 32 before defining the markets that differ from those identified in the Recommendation.

Amendment 808 #

Proposal for a directive
Article 63 – paragraph 1

1. After consulting stakeholders and in close cooperation with the Commission, BEREC may adopt a Decision identifying transnational markets in accordance with the principles of competition law and taking utmost account of the Recommendation and SMP Guidelines adopted in accordance with Article 62. BEREC shall conduct an analysis of a potential transnational market if the Commission or at least two national regulatory authorities concerned submit a reasoned request providing supporting evidence.deleted

Amendment 809 #

Proposal for a directive
Article 63 – paragraph 1

1. After consulting stakeholders and in close cooperation with BEREC, the Commission~~, BEREC~~ may adopt a Decision identifying transnational markets in accordance with the principles of competition law and taking utmost account of the Recommendation and SMP Guidelines adopted in accordance with Article 62. BEREC shall conduct an analysis of a potential transnational market if the Commission or at least two national regulatory authorities concerned submit a reasoned request providing supporting evidence.

Amendment 810 #

Proposal for a directive
Article 63 – paragraph 2 – subparagraph 1

In the case of transnational markets identified ~~in accordance with paragraph 1~~, the national regulatory authorities concerned shall jointly conduct the market analysis taking the utmost account of the SMP Guidelines and, in a concerted fashion, shall decide on any imposition, maintenance, amendment or withdrawal of regulatory obligations referred to in Article 65(4). The national regulatory authorities concerned shall jointly notify to the Commission with their draft measures regarding the market analysis and any regulatory obligations pursuant to Articles 32 and 33.

Amendment 811 #

Proposal for a directive
Article 64 – paragraph 1 – subparagraph 1

BEREC shall conduct an analysis of transnational ~~end-user~~ demand for products and services ~~that are provided within the Union in one or more of the markets listed in the Recommendation~~, if it receives a reasoned request providing supporting evidence from the Commission or, from at least two of the national regulatory authorities concerned indicating that there is a serious demand problem to be addressed. BEREC may also conduct such analysis if it receives a reasoned request from market participants providing sufficient supporting evidence and considers there is a serious demand problem to be addressed. BEREC's analysis is without prejudice to any findings of transnational markets in accordance with Article 63(1) and to any findings of national or sub-national geographical markets by national regulatory authorities in accordance with Article 62(3), or upon a reasoned request from market participants, indicating that existing wholesale or retail products and services do not allow to meet a transnational demand, across more than one member state, and considers there is a serious demand problem to be addressed.

Amendment 812 #

Proposal for a directive
Article 64 – paragraph 1 – subparagraph 2

That analysis of transnational end-user demand may include products and services that are supplied within product or service markets that have been defined in different ways by one or more national regulatory authorities when taking into account national circumstances, provided that those products and services are substitutable to those supplied in one of the markets listed in the Recommendation.deleted

Amendment 813 #

Proposal for a directive
Article 64 – paragraph 1 – subparagraph 3

If BEREC concludes that a transnational end-user demand exists, is significant and is not sufficiently met by supply provided on a commercial or regulated basis, it shall, after consulting stakeholders and in close cooperation with the Commission, issue guidelines on common approaches for national regulatory authorities to meet the identified transnational demand, including, where appropriate, when they impose remediesOn the basis of this assessment, national regulatory authorities shall consider in subsequent market analyses conducted in accordance with Articles 6~~6. National regulatory authorities shall take into utmost account these guidelines when performing their regulatory tasks within their jurisdiction~~3(2) or 65, whether to amend regulated wholesale access products, so that the transnational end-user demand is met.

Amendment 814 #

Proposal for a directive
Article 64 – paragraph 2

Amendment 815 #

Proposal for a directive
Article 64 – paragraph 2

2. On the basis of BEREC guidelines referred to in paragraph 1, the Commission may adopt a Decision pursuant to Article 38 to harmonise the technical specifications of wholesale access products capable of meeting such identified transnational demand, when they are imposed by national regulatory authorities on operators designated with significant market power in markets where such access products are supplied, as defined according to national circumstances. Article 38(3)(a) second subparagraph first indent shall not apply in such a caseBEREC may, after consulting stakeholders and in close cooperation with the Commission, issue guidelines on common approaches for national regulatory authorities to meet the identified transnational demand providing the basis for convergence of wholesale access products across the Union. National regulatory authorities shall take into utmost account these guidelines when performing their regulatory tasks within their jurisdiction, without prejudice to each national regulatory authority decision on the appropriateness of wholesale access products that should be imposed in specific local circumstances.

Amendment 816 #

Proposal for a directive
Article 65 – paragraph 2 – introductory part

2. Where a national regulatory authority conducts the analysis required by paragraph 1, it shall consider developments from a forward-looking perspective in the absence of regulation imposed on the basis of this Article in that relevant market, and ~~taking into accoun~~determine that a market is such as to justify the imposition of regulatory obligations pursuant to paragraph 1 when the following criteria are cumulatively met:

Amendment 817 #

Proposal for a directive
Article 65 – paragraph 2 – point a

(a) the existence of market developments which may increase the likelihood of the relevant market tending towards effective competition, such as those commercial co-investment or access agreements between operators which benefit competitive dynamics sustainably;deleted

Amendment 818 #

Proposal for a directive
Article 65 – paragraph 2 – point a

Amendment 819 #

Proposal for a directive
Article 65 – paragraph 2 – point a

Amendment 820 #

Miapetra KUMPULA-NATRI, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 65 – paragraph 2 – point a

Amendment 821 #

Proposal for a directive
Article 65 – paragraph 2 – point a

(a) ~~the existence of~~ market developments which may increase the likelihood of the relevant market tending towards effective competition, such as those commercial co-investment or access agreements between operators which benefit competitive dynamics sustainablyfoster effective competition on the relevant market;

Amendment 822 #

Proposal for a directive
Article 65 – paragraph 2 – point a

(a) ~~the existence of market developments which may increase the likelihood of the relevant marke~~a market structure which does not tend~~ing~~ towards effective competition~~, such as those commercial co-investment or access agreements between operators which benefit competitive dynamics sustainably~~ within the relevant time horizon;

Amendment 823 #

Proposal for a directive
Article 65 – paragraph 2 – point a

Amendment 824 #

Proposal for a directive
Article 65 – paragraph 2 – point a

(a) the existence of market developments which may increase the likelihood of the relevant market tending towards effective competition~~, such as those commercial co-investment or access agreements between operators which benefit competitive dynamics sustainably~~;

Amendment 825 #

Proposal for a directive
Article 65 – paragraph 2 – point a

(a) ~~the exist~~absence of market developments which ~~may in~~creaste the likelihood of the relevant market tending towards effective competition, such as those commercial co- investment or access agreements between operators which benefit competitive dynamics sustainably;

Amendment 826 #

Proposal for a directive
Article 65 – paragraph 2 – point a a (new)

(a a) a market structure which does not tend towards effective competition within the relevant time horizon

Amendment 827 #

Proposal for a directive
Article 65 – paragraph 2 – point b

(b) all relevant competitive constraints~~, including at retail level,~~ irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user, ~~and irrespective of whether such constraints are part of the relevant market;~~

Amendment 828 #

Proposal for a directive
Article 65 – paragraph 2 – point b

(b) all relevant competitive constraints, ~~including at retail level,~~ irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user~~, and irrespective of whether such constraints are part of the relevant market~~;

Amendment 829 #

Proposal for a directive
Article 65 – paragraph 2 – point b

Amendment 830 #

Proposal for a directive
Article 65 – paragraph 2 – point b

Amendment 831 #

Proposal for a directive
Article 65 – paragraph 2 – point b

(b) all relevant competitive constraints, ~~including at retail~~especially at wholesale level, irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user~~, and irrespective of whether such constraints are part of the relevant market~~;

Amendment 832 #

Miapetra KUMPULA-NATRI, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Flavio ZANONATO

Proposal for a directive
Article 65 – paragraph 2 – point b

(b) all relevant competitive constraints, ~~including at retai~~on wholesale and retail level level, irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user~~, and irrespective of whether such constraints are part of the relevant market~~;

Amendment 833 #

Proposal for a directive
Article 65 – paragraph 2 – point b

(b) allbsence of significant relevant competitive constraints, including at retail level, irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user, and irrespective of whether such constraints are part of the relevant market;

Amendment 834 #

Miapetra KUMPULA-NATRI, Jeppe KOFOD, Dan NICA, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS, Flavio ZANONATO

Proposal for a directive
Article 65 – paragraph 2 – point c

(c) other types of regulation or measures imposed and affecting the relevant market or related retail market or markets throughout the relevant period, including, without limitation, obligations imposed in accordance with Articles 44, 58 and 59; andeleted

Amendment 835 #

Proposal for a directive
Article 65 – paragraph 2 – point c

Amendment 836 #

Proposal for a directive
Article 65 – paragraph 2 – point c

Amendment 837 #

Proposal for a directive
Article 65 – paragraph 2 – point d

~~(d) regulation imposed on other relevant markets on the basis of this Article.~~deleted

Amendment 838 #

Miapetra KUMPULA-NATRI, Jeppe KOFOD, Dan NICA, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS, Flavio ZANONATO

Proposal for a directive
Article 65 – paragraph 2 – point d

~~(d) regulation imposed on other relevant markets on the basis of this Article.~~deleted

Amendment 839 #

Proposal for a directive
Article 65 – paragraph 2 – point d

(d) regulation imposed on other relevant markets on the basis of this Article is insufficient to adequately address the identified market failure(s).

Amendment 840 #

Proposal for a directive
Article 65 – paragraph 4

4. Where a national regulatory authority determines that, in a relevant market the imposition of regulatory obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall identify any undertakings which individually or jointly have a significant market power , or might significantly impede effective competition on that relevant market in accordance with Article 61. The national regulatory authority shall impose on such undertakings appropriate specific regulatory obligations in accordance with Article 66 or maintain or amend such obligations where they already exist if it considers that one or more ~~retail~~ markets would not be effectively competitive in the absence of those obligations. In the case of significant impediment to effective competition, the national regulatory authority shall consider the proper circumstances of the case, take due account of the need for proportionality and consider the adoption of the least burdensome remedies.

Amendment 841 #

Proposal for a directive
Article 65 – paragraph 4

4. Where a national regulatory authority determines that, in a relevant market the imposition of regulatory obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall identify any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61. The national regulatory authority shall impose on such undertakings appropriate specific regulatory obligations in accordance with Article 66 or maintain or amend such obligations where they already exist if ~~it considers that~~the following criteria are cumulatively met: (a) one or more retail markets would not be effectively competitive in the absence of those obligations; and (b) there are no obligations imposed in other wholesale markets, which address the identified competition problem in the retail market in question.

Amendment 842 #

Proposal for a directive
Article 65 – paragraph 4

Amendment 843 #

Proposal for a directive
Article 65 – paragraph 4

Amendment 844 #

Proposal for a directive
Article 65 – paragraph 4

Amendment 845 #

Proposal for a directive
Article 65 – paragraph 4

Amendment 846 #

Proposal for a directive
Article 65 – paragraph 4

Amendment 847 #

Miapetra KUMPULA-NATRI, Jeppe KOFOD, Dan NICA, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS, Flavio ZANONATO

Proposal for a directive
Article 65 – paragraph 4

4. Where a national regulatory authority determines that~~, in a relevant market~~ the imposition of regulatory obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall identify: (a) any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61(2); or in case of the absence thereof: (b) undertakings which enjoy a position of unilateral market power on that market in accordance with Article 61(3). The national regulatory authority shall ~~impose~~ on such undertakings impose appropriate specific regulatory obligations ~~in accordance with Article 66~~ or maintain or amend such obligations where they already exist ~~if it considers that one or more retail markets would not be effectively competitive in the absence of those obligations~~.

Amendment 848 #

Proposal for a directive
Article 65 – paragraph 5 – point a

(a) within five years from the adoption of a previous measure where the national regulatory authority has defined the relevant market and determined which undertakings have significant market power. Exceptionally, that five-year period may be extended for up to onthree additional years, where the national regulatory authority has notified a reasoned proposed extension to the Commission no later than four months before the expiry of the five years period, and the Commission has not objected within one month of the notified extension;

Amendment 849 #

Proposal for a directive
Article 65 – paragraph 6 a (new)

6 a. Where, on a forward-looking basis, three access network operators are present or are expected to be present and to sustainably compete in the same retail market, national regulatory authorities shall not identify an operator as having significant market power.

Amendment 850 #

Miapetra KUMPULA-NATRI, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 66 – paragraph 2

2. Where an operator is designated as having significant market power on a specific market as a result of a market analysis carried out in accordance with Article 65 of this Directive, national regulatory authorities shall ~~be able to~~ impose any of the obligations set out in Articles 67 to 75 and 77 of this Directive ~~as appropriate~~.

Amendment 851 #

Proposal for a directive
Article 66 – paragraph 2

Amendment 852 #

Proposal for a directive
Article 66 – paragraph 4

4. Obligations imposed in accordance with this Article shall be based on the nature of the problem identified, in ~~particular at retail level~~the relevant markets to safeguard long term sustainable competition, and where appropriate taking into account the identification of transnational demand pursuant to Article 64. They shall be proportionate, have regard to the costs and benefits, and be justified in the light of the objectives laid down in Article 3 of this Directive. Such obligations shall only be imposed following consultation in accordance with Articles 23 and 32. In cases of one or more undertakings considered as significantly impeding effective competition, national regulatory authorities shall take due account of the specific circumstances of the case and consider the least burdensome remedies, taking into account their proportionality and their potential benefits for end-users.

Amendment 853 #

Proposal for a directive
Article 66 – paragraph 4

4. Obligations imposed in accordance with this Article shall be based on the nature of the problem identified, in particular at retail level ~~and where appropriate taking into account the identification of transnational demand pursuant to Article 64. They shall be proportionate, have regard to the costs and benefits,~~. They shall be proportionate, have regard to the costs and benefits, considering in particular whether the undertaking designated as having significant market power operates only at wholesale level and be justified in the light of the objectives laid down in Article 3 of this Directive. Such obligations shall only be imposed following consultation in accordance with Articles 23 and 32.

Amendment 854 #

Miapetra KUMPULA-NATRI, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 66 – paragraph 4

4. Obligations imposed in accordance with this Article shall be based on the nature of the problem identified~~, in particular at~~ on wholesale or retail level and where appropriate taking into account the identification of transnational demand pursuant to Article 64. They shall be proportionate, have regard to the costs and benefits, and be justified in the light of the objectives laid down in Article 3 of this Directive. Such obligations shall only be imposed following consultation in accordance with Articles 23 and 32.

Amendment 855 #

Proposal for a directive
Article 66 – paragraph 4

Amendment 856 #

Proposal for a directive
Article 66 – paragraph 4

Amendment 857 #

Proposal for a directive
Article 66 – paragraph 4

Amendment 858 #

Proposal for a directive
Article 66 – paragraph 4

Amendment 859 #

Proposal for a directive
Article 66 – paragraph 6

6. National regulatory authorities shall consider the impact of new or planned market developments which are reasonably likely to affect competitive dynamics, such as in relation to commercial agreements, including without limitation co- investment agreements~~, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics~~ and/or undertakings absent from any retail market for electronic communications services. National regulatory authorities shall do so: (a) on their own initiative, taking account of the need for predictable market conditions, or (b) on a reasoned request. If these developments are not sufficiently important in order to ~~determine the need to undertak~~require a new market analysis in accordance with Article 65, the national regulatory authority shall assess without delay whether it is necessary to review the obligations ~~imposed~~and amend any previous decision, including by withdrawing obligations or imposing new obligations on operators designated with significant market power in order to ensure that such obligations continue to meet the ~~conditions in paragraph 4. Such amendment~~requirements of this Directive, or whether to decide that no, fewer or less onerous obligations shall be imposed with respect to a planned development. Such decisions shall only be ~~imposed~~made following consultation in accordance with Articles 23 and 32.

Amendment 860 #

Miapetra KUMPULA-NATRI, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Victor NEGRESCU, Zigmantas BALČYTIS, Flavio ZANONATO

Proposal for a directive
Article 66 – paragraph 6

Amendment 861 #

Proposal for a directive
Article 66 – paragraph 6

Amendment 862 #

Proposal for a directive
Article 66 – paragraph 6

Amendment 863 #

Proposal for a directive
Article 66 – paragraph 6

Amendment 864 #

Proposal for a directive
Article 66 – paragraph 6

Amendment 865 #

Proposal for a directive
Article 66 – paragraph 6

6. National regulatory authorities shall consider the impact of new market developments, such as in relation to existing commercial agreements, ~~including co- investment agreements, which have been concluded or unforeseeably breached or terminated~~ affecting competitive dynamics. If these developments are not sufficiently important in order to determine the need to undertake a new market analysis in accordance with Article 65, the national regulatory authority shall assess whether it is necessary to review the obligations imposed on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.

Amendment 866 #

Werner LANGEN, Sabine VERHEYEN, Norbert LINS, Markus PIEPER

Proposal for a directive
Article 66 – paragraph 6 a (new)

6a. National regulatory authorities shall ensure that the requirements which they impose are complied with. Depending on the nature of an infringement, national regulatory authorities should have the option of imposing the predetermined penalties in the form of fines ((i) on the authority, (ii) on retail customers, and/or (iii) on other undertakings).

Amendment 867 #

Proposal for a directive
Article 66 – paragraph 6 a (new)

6 a. National regulatory authorities shall ensure that the obligations they impose are effective, even by way of imposing pecuniary sanctions in the event of a breach of the SMP obligations and the terms and conditions of access approved by the national regulatory authority.

Amendment 868 #

Proposal for a directive
Article 67 – paragraph 3

3. National regulatory authorities may specify the precise information to be made available, the level of detail required and the manner of publication. In particular, where an operator has obligations of access to civil engineering and/or obligations of access to, and use of, specific network facilities, national regulatory authorities shall specify key performance indicators, and corresponding service level agreements, and if needed associated fee penalties, to be made available on the access provided, respectively, to the operators' own downstream activities and to beneficiaries of the access obligations.

Amendment 869 #

Proposal for a directive
Article 67 – paragraph 3 a (new)

3 a. In particular where an operator has obligations of access to civil engineering and/or obligations of access to, and use of, specific network facilities, national regulatory authorities shall specify key performance indicators as well as corresponding service level agreements and associated fee penalties, to be made available on the access provided, respectively, to the operators' own downstream activities and to beneficiaries of the access obligations. Notwithstanding paragraphs 2, 3 and 4, where an operator designated as having significant market power has obligations of access to civil engineering and/or obligations of access to, and use of, specific network facilities in accordance with Article (INSERT REFERENCE), national regulatory authorities shall ensure the publication of a reference offer containing at least the elements set out in Annex (INSERT REFERENCE).

Amendment 870 #

Proposal for a directive
Article 68 – paragraph 2

2. Obligations of non-discrimination shall ensure, in particular, that the operator applies equivalent conditions in equivalent circumstances to other undertakings providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services, or those of its subsidiaries or partners. ~~In particular, in cases where the operator is deploying new systems, n~~National regulatory authorities may impose on that operator obligations to supply access products and services to all undertakings, including to itself, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes, in order to ensure equivalence of access.

Amendment 871 #

Proposal for a directive
Article 68 – paragraph 2

2. Obligations of non-discrimination shall ensure, in particular, that the operator applies equivalent conditions in equivalent circumstances to other undertakings providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services, or those of its subsidiaries or partners. ~~In particular, in cases where the operator is deploying new systems, n~~National regulatory authorities may impose on that operator obligations to supply relevant information, access products and services to all undertakings, including to itself, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes, in order to ensure equivalence of access input.

Amendment 872 #

Proposal for a directive
Article 70

Access to civil engineering 1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest. 2. National regulatory authorities may impose obligations on an operator to provide access in accordance with this Article, irrespective of whether the assets that are affected by the obligation are part of the relevant market in accordance with the market analysis, provided that the obligation is necessary and proportionate to meet the objectives of Article 3.Article 70 deleted

Amendment 873 #

Proposal for a directive
Article 70 – title

Access to civil engineering and to entire and shared physical network elements

Amendment 874 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Dan NICA, Jeppe KOFOD, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Article 70 – title

Access to civil engineering and to entire and shared physical network elements

Amendment 875 #

Proposal for a directive
Article 70 – title

Access to civil engineering and to entire and shared physical network elements

Amendment 876 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, where it considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market and would not be in the end-user's interest: a. impose obligation~~s on operator~~s to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets~~, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder~~; b. impose obligations of access to, and use of, specific entire physical network elements and associated facilities, including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fiber terminating segments; c. impose obligations to share with third parties specified network elements, including shared access to the eme~~rgence of a sustainable competitive market at the retail level and would not be in the end-user's interest~~tallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments including wavelength division multiplexing and similar sharing solutions.

Amendment 877 #

Proposal for a directive
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, where it considers that denying access or setting conditions with a similar effect would hinder the emergence of a highly competitive market and would not be in the end-user´s interest: a. impose obligation~~s on operator~~s to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets~~, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder~~; b. impose obligations of access to, and use of, specific entire physical network elements and associated facilities, including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fiber terminating segments; c. impose obligations to share with third parties specified network elements, including shared access to the eme~~rgence of a sustainable competitive market at the retail level and would not be in the end-user's interest~~tallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments including wavelength division multiplexing and similar sharing solutions.

Amendment 878 #

Proposal for a directive
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicatewhere it considers that denial of access or ~~access given under~~ unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market ~~at the retail level~~ and would not be in the end-user's interest.:

Amendment 879 #

Michał BONI, Henna VIRKKUNEN

Proposal for a directive
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, : a.impose obligations ~~on operators~~ to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets~~, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder~~;; b. impose obligations of access to, and use of, specific entire physical network elements and associated facilities, including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fiber loops and fiber terminating segments; c. impose obligations to share with third parties specified network elements, including shared access to the eme~~rgence of a sustainable competitive market at the retail level and would not be in the end-user's interest~~tallic local loop and sub-loop as well as shared access to fibred loops and fiber terminating segments including wavelength division multiplexing and similar sharing solutions.

Amendment 880 #

Proposal for a directive
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering and passive infrastructure including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, inactive wireline transmission infrastructure including cable and fiber, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest.

Amendment 881 #

Proposal for a directive
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering and passive infrastructure including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, inactive transmission infrastructure (such as optical fibre and cables), conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest.

Amendment 882 #

Proposal for a directive
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets, if they are owned by the operator with significant market power, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest.

Amendment 883 #

Proposal for a directive
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering and passive infrastructure including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inactive cabling, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest.

Amendment 884 #

Proposal for a directive
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of along-term sustainable competiti~~ve market at the retail level~~on in the relevant markets and would not be in the end-user's interest.

Amendment 885 #

Proposal for a directive
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market ~~at the retail level~~ and would not be in the end-user's interest.

Amendment 886 #

Proposal for a directive
Article 70 – paragraph 1 – point a (new)

(a) impose obligations to meet reasonable requests for access to, and use of civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets

Amendment 887 #

Proposal for a directive
Article 70 – paragraph 1 – point b (new)

(b) impose obligations of access to, and use of, specific entire physical network elements and associated facilities, including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fiber terminating segments;

Amendment 888 #

Proposal for a directive
Article 70 – paragraph 1 – point c (new)

(c) impose obligations to share with third parties specified network elements, including shared access to the metallic local loop and subloop as well as shared access to fibre loops and fibre terminating segments including wavelength division multiplexing and similar sharing solutions.

Amendment 889 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Dan NICA, Jeppe KOFOD, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Article 70 – paragraph 1 a (new)

1 a. National regulatory authorities shall take account in particular of the following factors: (a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.

Amendment 890 #

Proposal for a directive
Article 70 – paragraph 1 a (new)

Amendment 891 #

Proposal for a directive
Article 70 – paragraph 1 a (new)

1 a. National regulators should however not impose access to ducts, conduits, inspection chambers, manholes, and cabinets from wholesale-only operators in the sense of Article 77, when these operators offer a viable and similar alternative means of access to end-users in accordance with Article 3(3) of the Directive 2014/61/EU.

Amendment 892 #

Proposal for a directive
Article 70 – paragraph 1 a (new)

1 a. A national regulatory authority shall ensure that where access to civil engineering such as access to ducts is limited due to availability, alternatives means of access such as dark fiber are imposed in accordance with article 71.

Amendment 893 #

Proposal for a directive
Article 70 – paragraph 2

2. National regulatory authorities ~~may impose obligations on an operator to provide access~~shall take account in particular of the following factors: (a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into acco~~rdance with this Article, irrespective~~unt the nature and type of interconnection and/or access involved, including the viability of ~~whe~~other the assets that are affected by the obligation are part of the relevant market in accordance with the market analysis, provided that the obligation is necessary and proportionate to meet the objectives of Article 3upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (c) the feasibility of providing the access proposed, in relation to the capacity available; (d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment; (e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (f) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.

Amendment 894 #

Proposal for a directive
Article 70 – paragraph 2

2. National regulatory authorities may impose obligations on an operator to provide access in accordance with this Article, irrespective of whether the assets that are affected by the obligation are part of the relevant market in accordance with the market analysis, provided that the obligation is necessary and proportionate to meet the objectives of Article 3.shall take account in particular of the following factors:

Amendment 895 #

Proposal for a directive
Article 70 – paragraph 2 – point a (new)

(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts;

Amendment 896 #

Proposal for a directive
Article 70 – paragraph 2 – point b (new)

(b) the technological evolution affecting network design and management

Amendment 897 #

Proposal for a directive
Article 70 – paragraph 2 – point c (new)

Amendment 898 #

Proposal for a directive
Article 70 – paragraph 2 – point d (new)

(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment;

Amendment 899 #

Proposal for a directive
Article 70 – paragraph 2 – point e (new)

(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure based competition;

Amendment 900 #

Proposal for a directive
Article 70 – paragraph 2 – point f (new)

(f) the provision of pan-European services.

Amendment 901 #

Proposal for a directive
Article 70 a (new)

Article 70 a Access obligations beyond civil engineering In geographic areas where two access networks can be expected on a forward- looking basis and where at least one of the network operators offers wholesale access to any interested undertaking, on reasonable commercial terms permitting sustainable competition on the retail market, national regulatory authorities shall not impose or maintain wholesale access obligations, beyond access to civil infrastructure according to Article 3 of Directive 2014/61/EU.

Amendment 902 #

Miapetra KUMPULA-NATRI, Patrizia TOIA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 71 – title

Obligations of access to, and use of, ~~specific network facilitie~~entire and shared physical network elements

Amendment 903 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1

Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, and would not be in the end-user's interest.:

Amendment 904 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1

Amendment 905 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1

~~Only where a~~A national regulatory authority ~~concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it~~ may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market ~~at the retail level, and~~, or would not be in the end-user's interest.

Amendment 906 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1

Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 703 of Directive 2014/61/EU would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where this is not to the detriment of innovative developments such as very high capacity networks and software emulated networks, and where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, and would not be in the end-user's interest.

Amendment 907 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1

~~Only where a~~A national regulatory authority ~~concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it~~ may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, and would not be in the end-user's interest.

Amendment 908 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1

~~Only where a~~A national regulatory authority ~~concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it~~ may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, and would not be in the end-user's interest.

Amendment 909 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1

~~Only where a~~A national regulatory authority ~~concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it~~ may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of along-term sustainable competiti~~ve market at the retail level~~on in the relevant markets, and would not be in the end-user's interest.

Amendment 910 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1

Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail and wholesale level, and would not be in the end-user's interest.

Amendment 911 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1

Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not ~~on their own lead to the achievement of the objectives set out in Article 3~~address the competition problems identified in the relevant market, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, and would not be in the end-user's interest.

Amendment 912 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – introductory part

~~Operators may be required~~National regulatory authorities may impose inter alia:

Amendment 913 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – introductory part

Operators may be required ~~inter alia~~:

Amendment 914 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a

(a) to give third parties access to specified n~~etwork elements and/or facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop~~on-physical network elements including active services;

Amendment 915 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a

Amendment 916 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a

Amendment 917 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a

(a) to give third parties access to specified non-physical network elements and/or facilities, as appropriate including ac~~cess to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop~~tive services under transparent and regulated tariff conditions, which at least make it possible to reproduce the tariffs of the retail offers of the regulated operator;

Amendment 918 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a

(a) to give third parties access ~~to specified network elements and/or facilities,~~at a single network layer that best addresses the problem identified at retail level as appropriate including access to network elements which are either not active (or physical) ~~and/~~or active (or virtual ~~unbundled~~) access to the local loop;

Amendment 919 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a

(a) ~~to give third parties access to specified~~obligations of access to, and use of, specific entire physical network elements and~~/or~~ associated facilities, ~~as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;~~including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fibre terminating segments

Amendment 920 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a

(a) to give third parties access to specified network elements and/or facilities, as appropriate including access to any active network elements ~~which are either not active or physical and/or active~~ and/or virtual unbundled access to the local loop;

Amendment 921 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a

(a) to give third parties access to specified network elements and/or facilities, as appropriate including access to all active network elements ~~which are either not active or physical and/or active~~ and/or virtual unbundled access to the local loop;

Amendment 922 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a

(a) to give third parties access to specified network elements and/or facilities, as appropriate including access to active network elements ~~which are either not active or physical~~ and/or active or virtual unbundled access to the local loop;

Amendment 923 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a a (new)

(a a) obligations to share with third parties specified network elements, including shared access to the metallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments, including wavelength division multiplexing and similar sharing solutions;

Amendment 924 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point b

~~(b) to negotiate in good faith with undertakings requesting access;~~deleted

Amendment 925 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c

~~(c) not to withdraw access to facilities already gran~~deleted;

Amendment 926 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)

(c a) to provide specified services on a wholesale basis for resale by third parties;

Amendment 927 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)

(c a) to provide specified services on a wholesale basis for resale by third parties;

Amendment 928 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)

(c a) to provide specified services on a wholesale basis for resale by third parties;

Amendment 929 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)

(c a) to provide specified services on a wholesale basis for resale by third parties

Amendment 930 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point d

~~(d) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;~~deleted

Amendment 931 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point d

(d) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of ~~services or virtual network~~ services;

Amendment 932 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point e

~~(e) to provide co-location or other forms of associated facilities sharing;~~deleted

Amendment 933 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point f

~~(f) to provide specified services needed to ensure interoperability of end- to-end services to users, including facilities for software emulated networks or roaming on mobile networks;~~deleted

Amendment 934 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point f

(f) to provide specified services needed to ensure interoperability of end-to- end services to users, including facilities for ~~software emulated networks or~~ roaming on mobile networks;

Amendment 935 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point g

~~(g) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services;~~deleted

Amendment 936 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point h

~~(h) to interconnect networks or network facilities;~~deleted

Amendment 937 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point i

~~(i) to provide access to associated services such as identity, location and presence service.~~deleted

Amendment 938 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 3

~~National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness.~~deleted

Amendment 939 #

Proposal for a directive
Article 71 – paragraph 2 – introductory part

2. When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:

Amendment 940 #

Proposal for a directive
Article 71 – paragraph 2 – introductory part

2. ~~When n~~National regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:

Amendment 941 #

Proposal for a directive
Article 71 – paragraph 2 – introductory part

Amendment 942 #

Proposal for a directive
Article 71 – paragraph 2 – introductory part

Amendment 943 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – introductory part

2. WThen national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assy shall take account in particular of the following factors:(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial invesstment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:by the facility owner, taking account of any public investment made and the risks involved in making the investment ; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.

Amendment 944 #

Proposal for a directive
Article 71 – paragraph 2 – introductory part

2. When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article, but shall when needed be adapted so as to reflect significant market changes. They shall take account in particular of the following factors:

Amendment 945 #

Proposal for a directive
Article 71 – paragraph 2 – introductory part

2. When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing , in conformity with the principle of proportionality, whether and how such obligations should be imposed , they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing ~~or prospective~~ commercial access offers, regulated access pursuant to Article 59, or existing ~~or contemplated~~ regulated access to other wholesale inputs pursuant to this Article. In order to take into account substantial market changes, it should be possible to alter the analysis at any time. They shall take account in particular of the following factors:

Amendment 946 #

Proposal for a directive
Article 71 – paragraph 2 – introductory part

2. When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing ~~or prospective~~ commercial access offers, regulated access pursuant to Article 59, or existing ~~or contemplated~~ regulated access to other wholesale inputs pursuant to this Article but shall at all time be adapted so as to reflect significant market changes. They shall take account in particular of the following factors:

Amendment 947 #

Proposal for a directive
Article 71 – paragraph 2 – introductory part

2. When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem atin the re~~tail level~~levant markets. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:

Amendment 948 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point a

Amendment 949 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point b

~~(b) the expected technological evolution affecting network design and management~~deleted

Amendment 950 #

Proposal for a directive
Article 71 – paragraph 2 – point b

(b) the ~~expected~~ technological evolution affecting network design and management

Amendment 951 #

Proposal for a directive
Article 71 – paragraph 2 – point b

(b) the ~~expected~~ technological evolution affecting network design and management

Amendment 952 #

Proposal for a directive
Article 71 – paragraph 2 – point b a (new)

(b a) the need to ensure technology neutrality enabling access seekers to design and manage their own network

Amendment 953 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point c

~~(c) the feasibility of providing the access proposed, in relation to the capacity available;~~deleted

Amendment 954 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point d

(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networks;deleted

Amendment 955 #

Proposal for a directive
Article 71 – paragraph 2 – point d

(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment ~~with particular regard to investments in and risk levels associated with very high capacity networks~~;

Amendment 956 #

Proposal for a directive
Article 71 – paragraph 2 – point d

Amendment 957 #

Proposal for a directive
Article 71 – paragraph 2 – point d

Amendment 958 #

Proposal for a directive
Article 71 – paragraph 2 – point d

(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments ~~in and risk levels associated with very high capacity networks~~;

Amendment 959 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point e

(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition and to sustainable competition based on co-investment in networks;deleted

Amendment 960 #

Proposal for a directive
Article 71 – paragraph 2 – point e

Amendment 961 #

Proposal for a directive
Article 71 – paragraph 2 – point e

Amendment 962 #

Proposal for a directive
Article 71 – paragraph 2 – point e

(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition ~~and to sustainable competition based on co-investment in networks~~;

Amendment 963 #

Proposal for a directive
Article 71 – paragraph 2 – point e

Amendment 964 #

Proposal for a directive
Article 71 – paragraph 2 – point e

Amendment 965 #

Proposal for a directive
Article 71 – paragraph 2 – point e

Amendment 966 #

Proposal for a directive
Article 71 – paragraph 2 – point e

Amendment 967 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point f

~~(f) where appropriate, any relevant intellectual property rights;~~deleted

Amendment 968 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 2 – point g

~~(g) the provision of pan-European services.~~deleted

Amendment 969 #

Proposal for a directive
Article 71 – paragraph 2 – point g a (new)

(g a) the existence of a broad choice of offers and providers for fixed and mobile access, for each consumer in Europe irrespective of their place of residence;

Amendment 970 #

Proposal for a directive
Article 71 – paragraph 2 – point g b (new)

(g b) the development of a democratic society in the digital era allowing free access to information and expression for all citizens of Europe;

Amendment 971 #

Proposal for a directive
Article 71 – paragraph 2 a (new)

2 a. In order to account for the long- term interest of end-users, national regulatory authorities should focus more on facilitating network investments by all operators. Regulation should not be to the detriment of innovative developments, in particular very high capacity networks, software defined networks and network function virtualisation. Only where strictly necessary to safeguard competition and where no alternative access possibilities, including access based on commercial agreements, exist, regulated access should be maintained in an appropriate and balanced manner, i.e. at a single network layer. Regulated access at multiple network layers has led to unnecessarily high complexity with regard to the consistency of regulated wholesale products at different network layers and unduly restricts flexibility and commercial freedom in the dynamic telecoms market environment. Limiting access to a single network layer that best addresses the problem identified at the retail level will significantly reduce regulatory costs and the potential for regulatory gaming by market players, leading to more efficient and appropriate outcomes. In this regard, national regulatory authorities should assess whether active or passive access is more appropriate in consideration of national or local circumstances. As unbundling is detrimental to network investments by allowing 'cream-skimming' of the most profitable customers at average cost, there should no longer be an obligation to provide unbundled access, which undermines investment models based on product and price differentiation.

Amendment 972 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 71 – paragraph 3

3. ~~When imposing obligations on an operator to provide access in accordance with the provisions of this Article,~~This is without prejudice to national regulatory authorities ~~may lay down technical or op~~giving consideration~~al con~~ in additions to be met by the provider and/or beneficiaries of such access where necessary to ensure normal operation of the network. Obligations to follow specific technical standards or specifications shall be in compliance with the standards and specifications laid downimposing each of the obligations on an operator in accordance with Article 3972.

Amendment 973 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 1

A national regulatory authority may, in accordance with the provisions of Article 66, impose obligations relating to cost recovery and price controls, including obligations ~~for cost orientation of prices and obligations~~ concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates ~~that~~ a lack of effective competition ~~means that the operator concerned may sustain prices at an excessively~~ . A national regulatory authority may only impose price controls that ensure fair and reasonable prices and do not negatively impact investments. When applied, a price control shall meet the following cumulative conditions: (a) the price control ensures recovery of all investments connected to the deployment of new networks and fully incorporates the risks associated with these investments; (b) the price control does not lead to a situation where the investing operator is put at a disadvantage compared to non- investing operators or lead to a situation under whigch ~~level, or may apply a price squeeze, to the detriment of end- us~~an investment would not have been made in the first place; (c) the price control avoids undue profit margins for access seekers to the detriment of the investing operator and appropriately reflects differences in the risks taken by different access seekers.

Amendment 974 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2

In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to the deployment and take-up of next-generation networks, and in particular of very high capacity networks. In particular, tTo encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.

Amendment 975 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2

Amendment 976 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2

Amendment 977 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2

In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to the deployment and take-up of next-generation networks, and in particular of very high capacity networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.

Amendment 978 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2

In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to investment in, the deployment of and take-up of next-generation ~~networks, and in particular of very high capacity~~ networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.

Amendment 979 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 3

National regulatory authorities shall not impose or maintain obligations pursuant to this Article, where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective and non discriminatory access.deleted

Amendment 980 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 3

Amendment 981 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 3

Amendment 982 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 3

National regulatory authorities shall not impose or maintain obligations pursuant to this Article, either for new network elements in case a network roll-out contributes to the availability of very-high capacity networks or where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective ~~and~~ non discriminat~~ory~~ion of access.

Amendment 983 #

Proposal for a directive
Article 72 – paragraph 3

3. Where an operator has an obligation regarding the cost orientation of its prices, the burden of proof that charges are derived from costs including a reasonable rate of return on investment shall lie with the operator concerned. For the purpose of calculating the cost of efficient provision of services, national regulatory authorities may use cost accounting methods independent of those used by the undertaking. National regulatory authorities may require an operator to provide full justification for its prices, and may, where appropriate, require prices to be adjusted.deleted

Amendment 984 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 72 a (new)

Article 72 a Other access-related obligations 1. A national regulatory authority may, in accordance with the provisions of Article 66, impose: (a) to give third parties access to specified active network elements and services; (b) to provide specified services on a wholesale basis for resale by third parties; (c) to negotiate in good faith with undertakings requesting access; (d) not to withdraw access to facilities already granted; (ee) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; (ff) to provide co-location or other forms of associated facilities sharing; (gg) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for software emulated networks or roaming on mobile networks; (hh) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; (i) to interconnect networks or network facilities; (j) to provide access to associated services such as identity, location and presence service. National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness. 2. They shall take account in particular of the following factors: (a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts; (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment ; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.

Amendment 985 #

Proposal for a directive
Article 73

~~[...]~~deleted

Amendment 986 #

Proposal for a directive
Article 73 – paragraph 1 – subparagraph 1

Where a national regulatory authority imposes obligations relating to cost recovery and price controls on ~~operators designated as having significant market power on~~ a market for wholesale voice call termination, it shall set maximum symmetric termination rates based on the costs incurred by an efficient operator. The evaluation of efficient costs shall be based on current cost values. The cost methodology to calculate efficient costs shall be based on a bottom-up modelling approach using long-run incremental traffic-related costs of providing the wholesale voice call termination service to third parties.

Amendment 987 #

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Article 73 – paragraph 2

2. By [date] the Commission shall, after having consulted BEREC, adopt delegated acts in accordance with Article 109 concerning a single maximum termination rate to be imposed by national regulatory authorities on undertakings designated as having significant market power in fixed and mobile voice termination markets respectively in the Union.deleted

Amendment 988 #

Proposal for a directive
Article 73 – paragraph 2

Amendment 989 #

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Article 73 – paragraph 3

~~3. When adopting these~~ delegated ~~acts, the Commission shall follow the principles laid down in the first subparagraph of paragraph 1 and shall comply with the criteria and parameters provided in Annex III.~~

Amendment 990 #

Proposal for a directive
Article 73 – paragraph 3

Amendment 991 #

Proposal for a directive
Article 73 – paragraph 4

4. In applying paragraph 2, the Commission shall ensure that the single voice call termination rate in mobile networks shall not exceed 1.23 €cent per minute and the single voice call termination rate in fixed networks shall not exceed 0.14 €cent per minute. The Commission shall take into account the weighted average of maximum termination rates in fixed and mobile networks established in accordance with the principles provided in the first subparagraph of paragraph 1 applied across the Union when setting the single maximum termination rate for the first time.deleted

Amendment 992 #

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Article 73 – paragraph 4

Amendment 993 #

Proposal for a directive
Article 73 – paragraph 4

4. ~~In applying paragraph 2, t~~The Commission shall ensure that the single voice call termination rate in mobile networks shall not exceed 1~~.23~~ €cent per minute and the single voice call termination rate in fixed networks shall not exceed 0.142 €cent per minute. The Commission shall take into account the weighted average of maximum termination rates in fixed and mobile networks established in accordance with the principles provided in the first subparagraph of paragraph 1 applied across the Union when setting the single maximum termination rate for the first time.

Amendment 994 #

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Article 73 – paragraph 4

4. In applying paragraph 2, the Commission shall ensure that the single voice call termination rate in mobile networks shall not exceed ~~1.23~~0.94 €cent per minute and the single voice call termination rate in fixed networks shall not exceed 0.14 €cent per minute. The Commission shall take into account the weighted average of maximum termination rates in fixed and mobile networks established in accordance with the principles provided in the first subparagraph of paragraph 1 applied across the Union when setting the single maximum termination rate for the first time.

Amendment 995 #

Proposal for a directive
Article 73 – paragraph 5

~~5. When adopting~~ delegated acts pursuant to paragraph 2, the Commission shall take into account the total number of end-users in each Member State, in order to ensure a proper weighting of the maximum termination rates, as well as national circumstances which result in significant differences between Member States when determining the maximum termination rates in the Union

Amendment 996 #

Proposal for a directive
Article 73 – paragraph 5

Amendment 997 #

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Article 73 – paragraph 6

6. The Commission may request BEREC to develop an economic model in order to assist the Commission in determining the maximum termination rates in the Union. The Commission shall take into account market information provided by BEREC, national regulatory authorities or, directly, by undertakings providing electronic communications networks and services.deleted

Amendment 998 #

Proposal for a directive
Article 73 – paragraph 7

~~7. The Commission shall review the~~ delegated ~~acts adopted pursuant this Article every five years.~~

Amendment 999 #

Proposal for a directive
Article 73 – paragraph 7

~~7. The Commission shall review the~~ delegated ~~acts adopted pursuant this Article every five years.~~

source: 602.947

2017/05/05 LIBE 35 amendments...

Amendment 27 #

Proposal for a directive
Recital 3

(3) In the Digital Single Market strategy, the Commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment, research and innovation in high-speed broadband networks, bring a more consistent single market approach to spectrum policy and management, deliver conditions for a true single market by tackling regulatory fragmentation, ensure the effective protection of consumers and personal data, a level playing field for all market players and consistent application of the rules, as well as provide a more effective regulatory institutional framework. The Digital Single Market Strategy for Europe also announced the review of Directive 2002/58/EC in order to provide a high level of privacy protection for users of electronic communications services and a level playing field for all market players;

Amendment 28 #

Proposal for a directive
Recital 6

(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy~~, public morality~~ and public security, and to permit the investigation, detection and prosecution of criminal offences, taking into account that such measures must be provided for by law, must respect the essence of the rights and freedoms recognised by the Charter of Fundamental Rights of the European Union ("the Charter") and must be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter.

Amendment 29 #

Proposal for a directive
Recital 7

(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural, religious and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee freedom of expression and information, media pluralism, cultural diversity ~~and~~, consumer protection. _________________ 21 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning, privacy, greater awareness of public opinion and the pro~~vis~~tection of ~~audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1)~~personal data.

Amendment 30 #

Proposal for a directive
Recital 7

(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee freedom of expression and information, media pluralism, cultural diversity ~~and~~, consumer protection, privacy and the protection of personal data. _________________ 21 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).

Amendment 31 #

Proposal for a directive
Recital 16

(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied to the end-user against counter- performance other than money, ~~for instance by giving access to~~in particular against the provision of personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user ~~active~~consciously provides personal data~~, such as name or email address,~~ as defined in Article 4(1) of Regulation (EU) 2016/679 or other data directly or indirectly to the provider. It should also encompass situations where the ~~provider collects~~end-user allows access to information without ~~the end-user~~ actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cookie). In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24 , remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. _________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.

Amendment 32 #

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.

Amendment 33 #

Proposal for a directive
Recital 36

(36) There is a need to further reinforce the independence of the national regulatory authorities to ensure the imperviousness of its head and members to external pressure, by providing minimum appointment qualifications and professional competence criteria, and a minimum duration for their mandate. Furthermore, the limitation of the possibility to renew more than once their mandate and the requirement for an appropriate rotation scheme for the board and the top management would address the risk of regulatory capture, ensure continuity, and enhance independence. To this end, Member States should also ensure that national regulatory authorities are legally distinct and functionally independent from the industry and government in that they neither seek nor take instructions from any body, they operate in a transparent and accountable manner in accordance with Union law and national law and they have sufficient powers.

Amendment 34 #

Proposal for a directive
Recital 90 a (new)

(90a) To ensure the protection of electronic communications security and services, public electronic communications network providers should be required to inform end-users of any security incidents that may arise and possibly affect them, thereby respecting the right of consumers to be informed and alerted, and their right to personal data protection, thereby setting out precisely the responsibilities of service providers regarding the security of the services they provide.

Amendment 35 #

Proposal for a directive
Recital 91 a (new)

(91 a) In order to ensure the proper safeguards to the security and integrity of networks and services, the use of end-to- end encryption should be promoted and, where necessary, be mandatory in accordance with the principles of data protection by default and design and privacy by default and design. In particular, Member States should not impose any obligation to encryption providers, providers of electronic communications services or any other organisations (at any level of the supply chain) that would result in the weakening of the security of their networks and services, such as the allowing or facilitation of "backdoors".

Amendment 36 #

Proposal for a directive
Recital 91 a (new)

(91 a) In order to ensure a safeguard to the security and integrity of networks and services, the use of end-to-end encryption should be promoted and, where technically feasible, be mandatory in accordance with the principles of data protection by design and privacy by design. In particular, Member States should not impose any obligation to encryption providers, providers of electronic communications services and all other organisations (at all levels of the supply chain) that would result in the weakening of the security of their networks and services, such as allowing or facilitating "backdoors".

Amendment 37 #

Proposal for a directive
Recital 111

(111) In exceptional cases where Member States decide to limit the freedom to provide electronic communications networks and services based on grounds of public policy, public security or public health, ~~Member States should explain the reasons for such limitation~~such limitations should be duly reasoned, provided for by law, respect the essence of the rights and freedoms recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter. Furthermore, any national law allowing public authorities to obtain access to networks or the content of electronic communications on a generalised basis should be regarded as compromising the essence of the fundamental right to respect for private life, as guaranteed by Article 7 of the Charter and taking into account the judgments of the Court of Justice of the European Union in Cases C-362/141a and Joined Cases C-293/12 and C- 594/122aand the Order of the Court in Case C-557/073a. _________________ 1a Judgment of 6 October 2015, ECLI:EU:C:2015:650. 2a Judgment of 8 April 2014, ECLI:EU:C:2014:238. 3a Order of 19 February 2009, ECLI:EU:C:2009:107.

Amendment 38 #

Proposal for a directive
Recital 227

(227) Considering the particular aspects related to reporting missing children, Member States should maintain their commitment to ensure that a well- functioning and child-friendly service for reporting missing children is actually available in their territories under the number ‘116000’, also a helpline for children in need of care and protection under the number '116111'.

Amendment 39 #

Proposal for a directive
Recital 227 a (new)

(227 a) It is often the case that while citizens are travelling between Member States they need to call or use a helpline or a hotline operated in their home country, which is not possible today. Citizens should have access to their home helplines and hotlines by adding the country code to deal with urgent challenges or in need to mediate help to anyone in their home Member State when the services operated in the host Member State cannot provide effective help for geographic or linguistic reasons.

Amendment 40 #

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1

The aim of this Directive is on the one hand to implement an internal market in electronic communications networks and services that will result in deployment and take-up of very high capacity secured networks, the protection of confidential communications, effective consumer protection, sustainable competition, interoperability of electronic communications services, accessibility and end-user benefits.

Amendment 41 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

National regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the protection of personal data and privacy, the promotion of cultural, religious and linguistic diversity, as well as media pluralism.

Amendment 42 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 43 #

Proposal for a directive
Article 39 – paragraph 2 – subparagraph 1

Member States shall encourage the use of the standards and/or specifications referred to in paragraph 1, for the provision of services, technical interfaces and/or network functions, to the extent strictly necessary to ensure interoperability and interconnectivity of services ~~and~~in order to improve freedom of choice for users and facilitate switching.

Amendment 44 #

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to ensure that electronic communications content is, wherever technically feasible, encrypted from end- to-end by default, in order to prevent and minimise the impact of security incidents on users and on other networks and services.

Amendment 45 #

Proposal for a directive
Article 40 – paragraph 1 a (new)

1 a. Member States shall not impose any obligation on providers of public communications networks or publicly available electronic communications services that would result in a weakening of the security of their networks or services. Where Member States impose additional security requirements on providers of public communications networks or publicly available electronic communications services in more than one Member State, they shall notify those measures to the Commission and ENISA. ENISA shall assist Member States in coordinating the measures taken to avoid duplication or diverging requirements that may create security risks and barriers to the internal market.

Amendment 46 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 1

Amendment 47 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point a

(a) the number of users affected by the ~~breach~~incident;

Amendment 48 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point b

(b) the duration of the ~~breach~~incident;

Amendment 49 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point c

Amendment 50 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point d

(d) the extent to which the functioning of the network or service is ~~disrup~~affected;

Amendment 51 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 3

Where appropriate, the competent authority concerned shall inform the competent authorities in other Member States and the European Network and Information Security Agency (ENISA). The competent authority concerned may inform the public or require the ~~undertaking~~providers to do so, where it determines that disclosure of the ~~breach~~incident is in the public interest.

Amendment 52 #

Proposal for a directive
Article 40 – paragraph 5 a (new)

5 a. By ...[date] in order to contribute to the consistent application of measures for the security of networks and services, ENISA shall, after consulting stakeholders and in close cooperation with the Commission and BEREC, issue guidelines on minimum criteria and common approaches for the security of networks and services and for the use and application of end-to-end encryption.

Amendment 53 #

Proposal for a directive
Article 40 – paragraph 5 a (new)

5 a. In order to contribute to the consistent application of measures for the security of networks and services, BEREC shall, by ... [date], after consulting stakeholders and in close cooperation with the Commission and other Union Agencies, issue guidelines on minimum criteria and common approaches for the security of networks and services and the promotion of end-to-end encryption.

Amendment 54 #

Proposal for a directive
Article 41 – paragraph 1

Amendment 55 #

Proposal for a directive
Article 90 – title

The missing children ~~hotline number~~and child helpline hotlines

Amendment 56 #

Proposal for a directive
Article 90 – paragraph 1

1. Member States shall ensure that citizens have access to a service operating a ~~hotline to report cases of~~ missing children hotline. The hotline shall be child-friendly, available on the number ‘'116000’'.

Amendment 57 #

Proposal for a directive
Article 90 – paragraph 1 a (new)

1 a. Member States shall ensure that children have access to child-friendly service operating a helpline. The helpline shall be available on the number '116111'.

Amendment 58 #

Proposal for a directive
Article 90 – paragraph 1 b (new)

1 b. Member States shall ensure that citizens are informed about the existence and how to access the services provided under the numbers '116000' and '116111' to the greatest extent possible.

Amendment 59 #

Proposal for a directive
Article 90 – paragraph 2

2. Member States shall ensure that children and disabled end-users are informed of the existence and use of and able to access services provided under the numbers ‘116000’ and 116111 to the greatest extent possible. Measures taken to facilitate ~~disable~~broad end- users' access to such services also whilst travelling in other Member States shall be based on compliance with relevant standards or specifications published in accordance with Article 39.

Amendment 60 #

Proposal for a directive
Article 90 – paragraph 2 a (new)

2 a. Member States shall ensure that citizens have access to hotlines and helplines operated in their home Member State by adding the country code while they are travelling between Member States.

Amendment 61 #

Proposal for a directive
Article 93 – paragraph 2 a (new)

2 a. In order to contribute to the consistent application of fundamental rights safeguard, BEREC shall, by ...[date], after consulting stakeholders and in close cooperation with the Commission and the European Union Agency for Fundamental Rights (FRA), issue guidelines on common approaches to ensure that national measures regarding end-users' access to, or use of, services and applications through electronic communications networks respect the fundamental rights and freedoms, as guaranteed by the Charter and general principles of Union law.

source: 604.567

2017/05/12 IMCO 618 amendments...

Amendment 164 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a directive
Recital 3

(3) In the Digital Single Market strategy, the Commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment in high-speed broadband networks, bring a more consistent single market approach to spectrum policy and management, deliver conditions for a true single market by tackling regulatory fragmentation, ensure a level playing field for all market players and consistent application of the rules, as well as provide a more effective regulatory institutional framework. Further measures envisaged under the strategy, including revision of ePrivacy Regulation and the Digital Content Directive should ensure consistency with this Directive. The Digital Content Directive should include number-independent services within scope, while the ePrivacy Regulation should apply to all electronic communications services.

Amendment 165 #

Proposal for a directive
Recital 7

(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21. The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. TUnless explicitly excluded from the scope of application of the Code, electronic communications networks and services are covered by this Code. Also, the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee media pluralism, cultural diversity and consumer protection. __________________ 21 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).

Amendment 166 #

Marlene MIZZI, Nicola DANTI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 7 a (new)

(7a) Member States should be able to ensure, in the interest of media pluralism and cultural diversity and an informed citizenship, that citizens have access to a wide range of information and public value content provided by media service providers, in line with the evolution of media distribution systems and relevant business models.

Amendment 167 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 8

(8) This Directive does not affect the application to radio equipment of Directive 2014/53/EU, but does cover consumer equipment used for radio and digital television.

Amendment 168 #

Proposal for a directive
Recital 10

(10) Certain electronic communications services under this Directive could also fulfil the definition of ‘information society service’ in Article 1 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services. The provisions governing Information Society Services apply to those electronic communications services to the extent that there are not more specific provisions applicable to electronic communications services in this Directive or in other Union acts. However, electronic communications services such as voice telephony, messaging services and electronic mail services are covered by this Directive. The same undertaking, for example an Internet service provider, can offer both an electronic communications service, such as access to the Internet, and services not covered under this Directive, such as the provision of web-based and not communications-related content.

Amendment 169 #

Proposal for a directive
Recital 10

Amendment 170 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 14

(14) Definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development to ensure the non-discriminatory application of the present Directive to the different service providers. Technological and market evolution has brought networks to move to internet protocol technology, and enabled end-users to choose between a range of competing voice service providers. Therefore, the term 'publicly available telephone service', exclusively used in Directive 2002/22/EC and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term '~~voice~~two-way communications'. Conditions for the provision of a service should be separated from the actual definitional elements of a ~~voice~~two-way communications service, i.e. an electronic communications service made available to the public for originating and receiving, directly or indirectly, national or national and international calls through a number or numbers in a national or international telephone numbering plan, whether such a service is based on circuit switching or packet switching technology. It is the nature of such a service that it is bidirectional, enabling both the parties 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 such a service. ~~Voice~~Two-way communications services also include means of communication specifically intended for ~~disabled~~ end- users with disabilities using text or video relay or total conversation services, such as voice, video and real-time text, singly or in combination, within the same call).

Amendment 171 #

Proposal for a directive
Recital 14

(14) Definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development. Technological and market evolution has brought networks to move to internet protocol technology, and enabled end-users to choose between a range of competing voice service providers. Therefore, the term 'publicly available telephone service', exclusively used in Directive 2002/22/EC and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term '~~voice~~conversational communications'. Conditions for the provision of a service should be separated from the actual definitional elements of a ~~voice~~conversational communications service, i.e. an electronic communications service made available to the public for originating and receiving, directly or indirectly, national or national and international calls through a number or numbers in a national or international telephone numbering plan, whether such a service is based on circuit switching or packet switching technology. It is the nature of such a service that it is bidirectional, enabling both the parties 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 such a service. ~~Voice~~Conversational communications services also include means of communication specifically intended for ~~disabled~~ end- users with disabilities using text or video relay or total conversation services, such as voice, video and real-time text singly or in combination within the same call.

Amendment 172 #

Proposal for a directive
Recital 14

(14) Definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development. Technological and market evolution has brought networks to move to internet protocol technology, and enabled end-users to choose between a range of competing voice service providers. Therefore, the term 'publicly available telephone service', exclusively used in Directive 2002/22/EC and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term 'voice communications'. Conditions for the provision of a service should be separated from the actual definitional elements of a voice communications service, i.e. an electronic communications service made available to the public for originating and receiving, directly or indirectly, national or national and international calls through a number or numbers in a national or international telephone numbering plan, whether such a service is based on circuit switching or packet switching technology. It is the nature of such a service that it is bidirectional, enabling both the parties 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 such a service. Voice communications services also include means of communication specifically intended for disabled end-users using text relay or total conversation services. For that purpose, interpersonal communications services definition need to be interpreted as including two-way communication services supporting voice, video and real-time text communication singly or in any combination, and through text relay and video relay services.

Amendment 173 #

Proposal for a directive
Recital 15

(15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services, although they still do not consider them as substitutes to traditional voice services, due to a perception of different levels of quality, security and interoperability . In order to ensure that end-users are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach to the extent possible. The existing differences between services should however be acknowledged, online services such as Voice over IP being provided in most cases without having substantial control over the network used for enabling the communication but on the other hand allowing end-user to switch from service to service in an easier manner than from traditional communication services. The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals" remains an important parameter for determining the services falling into the scope of this Directive, the definition should cover also other services that enable communication in a proportionate manner to deliver the best outcomes for end users. From an end-user's perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service, therefore these services should not be defined on the basis of the technology used, but on the legitimate expectations end-users have for the service provided depending for instance on the price paid or the ease of terminating the contract. The amended definition of electronic communications services should therefore contain three types of services which may partly overlap, that is to say internet access services according to the definition in Article 2(2) of Regulation (EU) 2015/2120, interpersonal communications services as defined in this Directive, and services consisting wholly or mainly in the conveyance of signals. This last category should not include services where connectivity is provided as an input product into connected devices or 'smart goods' or where the provision of connectivity with such products is subject to a contract with the end-user, as they would be considered as embedded digital content or services according to the Directive concerning contracts for the supply of digital content. The definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision-by- provision application of the specific rights and obligations contained in the framework to the different types of services. The processing of personal data by electronic communications services, whether as remuneration or otherwise, must be in compliance with Directive 95/46/EC which will be replaced by Regulation (EU) 2016/679 (General Data Protection Regulation) on 25 May 201823 . __________________ 23 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119, 4.5.2016, p. 1

Amendment 174 #

Proposal for a directive
Recital 15

(15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure that end-users are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach. The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals" remains an important parameter for determining the services falling into the scope of this Directive, the definition should cover also other services that enable communication. From an end-user's perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service. The amended definition of electronic communications services should therefore contain three types of services which may partly overlap, that is to say internet access services according to the definition in Article 2(2) of Regulation (EU) 2015/2120, interpersonal communications services as defined in this Directive, and services consisting wholly or mainly in the conveyance of signals. As said types of services may partly overlap, it is likely that services which only meet the criteria of the conveyance of signals category would be limited to transmission services used for the provision of machine-to-machine services and broadcasting. Similarly to the case of broadcasting, where the transmitted content does not fall within the definition of an electronic communications service, a distinction between a machine-to- machine service and its underlying transmission should be made. Only the transmission should be considered as conveyance of signals, whereas the application part of a machine-to-machine service (such as e.g. the consumption recording and analysis in smart metering) should not. The definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision-by- provision application of the specific rights and obligations contained in the framework to the different types of services. The processing of personal data by electronic communications services, whether as remuneration or otherwise, must be in compliance with Directive 95/46/EC which will be replaced by Regulation (EU) 2016/679 (General Data Protection Regulation) on 25 May 201823 . __________________ 23 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119, 4.5.2016, p. 1

Amendment 175 #

Proposal for a directive
Recital 15

Amendment 176 #

Proposal for a directive
Recital 16

(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are ~~often~~in some cases supplied against ~~counter-performance other than money, for instance by giving access to personal data or other data~~personal data where such data is used beyond what is essential for the performance of the contract. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user ~~actively~~ provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, directly or indirectly, that is used for a purpose which is not necessary for othe~~r automatically generated information, such as information collected and transmitted by a cookie)~~ performance of the contract. In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24 , remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. __________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.

Amendment 177 #

Proposal for a directive
Recital 16

(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied against counter-performance other than money, for instance by giving access to personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user actively provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data~~, including the IP address, or other automatically generated information, such as information collected and transmitted by a cook~~ and information collected by the supplie)r. In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24 , remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the ~~end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the~~ service provider monetises personal data it has collected or received. __________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.

Amendment 178 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 16

(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied against counter-performance other than money, for instance by giving access to personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user actively provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, ~~including the IP address, or other automatically generated information, such as information collected and transmitted by a cookie)~~and information collected by the undertaking. In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24 , remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. __________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.

Amendment 179 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. ~~Under exceptional circumstances, a~~All communication services, whether or not they are ancillary to another principal service, shall be boulnd ~~not be~~by the rules on consfide~~red as an interpersonal~~ntiality and security of communications ~~service i~~. If the interpersonal and interactive communication facility is a purely a minor ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services~~. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the~~, all other provisions beyond rules on security of communications in this Directive shall not apply to such ancillary services.

Amendment 180 #

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which usually do not meet those requirements, such as linear broadcasting, video on demand, websites, ~~social networks,~~ blogs, or exchange of information between machines, should not be considered as interpersonal communications services. With regard to services such as social networks which possibly include electronic communication services besides other services, this Directive shall only apply to the included electronic communication services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, the communication element is of limited functionality compared to interpersonal communication services available in the market, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. In these exceptional cases the provider should demonstrate that the communication element is fulfilling the above criteria. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.

Amendment 181 #

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services ~~that~~where the principal purpose of the service consists in enableing interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also ~~all types of emails,~~ messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. ~~Under exceptional circumstances, a~~A service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is ~~a purely ancillary feature to ano~~not the main purpose of ther service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services, as the application of the provisions in this Directive would not be proportionate to the level of connectivity provided with this service. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.

Amendment 182 #

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is ~~a purely~~only a minor ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.

Amendment 183 #

Proposal for a directive
Recital 18

(18) Interpersonal communications services using numbers from a national and international telephone numbering plan connect with the public (packet or circuit) switched telephone network. Those number-based interpersonal communications services comprise both services to which end-users numbers are assigned for the purpose of ensuring end- to-end connectivity and services enabling end-users to reach persons to whom such numbers have been assigned. The mere use of a number as an identifier should not be considered equivalent to the use of a number to connect with the public switched telephone network, and should therefore, in itself, not be considered sufficient to qualify a service as a number- based interpersonal communications service. In addition where the service provided does not rely on its own infrastructure and therefore does not have substantial control over the network used for enabling the communication, the use of the number should also be considered in a different manner as the obligations would not be proportionate to their ability to deliver a certain quality of service. Number-independent interpersonal communications services should be subject only to obligations, where public interests require applying specific regulatory obligations to all types of interpersonal communications services, regardless of whether they use numbers for the provision of their service. It is justified to treat number-based interpersonal communications services differently, as they participate in and hence also benefit from a publicly assured interoperable ecosystem.

Amendment 184 #

Marlene MIZZI, Nicola DANTI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 22

Amendment 185 #

Proposal for a directive
Recital 27

(27) It is necessary to give appropriate incentives for investment in new very high capacity networks that will support innovation in content-rich Internet services ~~and strengthen the international competitiveness of the European Union~~. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is therefore vital to promote sustainable investment in the development of these new networks, while safeguarding competition and boosting consumer choice through regulatory predictability and consistency.

Amendment 186 #

Proposal for a directive
Recital 28

(28) ~~The aim is progressively to reduce ex ante sector-specific rules as competition in the markets develops and, ultimately, for electronic communications to be governed by competition law only.~~ Considering that the markets for electronic communications have shown strong competitive dynamics in recent years, it is essential that ex ante regulatory obligations con~~ly be imposed where there is no effective and sustainable competition on the retail markets concern~~tinue to be imposed.

Amendment 187 #

Proposal for a directive
Recital 40

Amendment 188 #

Proposal for a directive
Recital 40

(40) The benefits of the single market to service providers and end-users can be best achieved by general authorisation of electronic communications networks ~~and of electronic communications services other than number-independent~~, of internet access services and of number- based interpersonal communications services, without requiring any explicit decision or administrative act by the national regulatory authority and by limiting any procedural requirements to a declaratory notification only. Where Member States require notification by providers of electronic communications networks or services when they start their activities, this notification should be submitted to BEREC which acts as a single contact point. Such notification should not entail administrative cost for the providers and could be made available via an entry point at the website of the national regulatory authorities. BEREC should forward in good time the notifications to the national regulatory authority in all Member States in which the providers of electronic communications networks or services intend to provide electronic communications networks or services. Member States can also require proof that notification was made by means of any legally recognised postal or electronic acknowledgement of receipt of the notification to BEREC. Such acknowledgement should in any case not consist of or require an administrative act by the national regulatory authority, or any other authority.

Amendment 189 #

Proposal for a directive
Recital 42

(42) Contrary to the other categories of electronic communications networks and services as defined in this Directive, number-independent interpersonal communications services do not benefit from the use of public numbering resources and do not participate in a publicly assured interoperable ecosystem. It is therefore not appropriate to subject these types of services to the general authorisation regime. It is also therefore not appropriate for Member States to subject such services to prior authorisation or any other equivalent requirement.

Amendment 190 #

Proposal for a directive
Recital 44

(44) General authorisations should only contain conditions which are specific to the electronic communications sector. It should not be made subject to conditions which are already applicable by virtue of other existing national law which is not specific to the communications sector. ~~For instance~~Nevertheless, the national regulatory authorities may inform network operators and service providers about applicable environmental and town and country planning requirements, and other legislation concerning their business, for instance through references on their websites.

Amendment 191 #

Proposal for a directive
Recital 44 a (new)

(44a) Member States should ensure that end-users with disabilities enjoy equal access and choice to electronic communication services on an equal basis with others, in compliance with the obligations enshrined in the UN Convention on the Rights of persons with Disabilities (UNCRPD). In pursuit of this goal, and according to the UNCRPD Committee General Comment nº 2 on Accessibility, the strict application of Universal Design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. Universal Design is defined in the UNCRPD as "the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. Universal Design shall not exclude assistive devices for particular groups of persons with disabilities where this is needed." Member States should therefore take the necessary measures, including ex ante conditions, to ensure that electronic communication service providers and related equipment manufacturers make their services and products accessible for end-users with disabilities following the Universal Design approach.

Amendment 192 #

Proposal for a directive
Recital 44 a (new)

(44a) Member States should ensure that end-users with disabilities enjoy equal access and choice to electronic communication services on equal basis with others, in respect to the obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (UNCRPD). In pursuant to this goal, and according to the UNCRPD Committee General Comment nº 2 on Accessibility, the strict application of Universal Design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. Universal Design is defined in the UNCRPD as the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. Universal Design shall not exclude assistive devices for particular groups of persons with disabilities where this is needed. Member States should therefore take the necessary measures, including ex ante conditions, to ensure that electronic communication service providers and related equipment manufacturers make their services and products accessible for end-users with disabilities following a Universal Design approach.

Amendment 193 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ, Kerstin WESTPHAL, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 44 a (new)

(44a) Member States should ensure that end-users with disabilities enjoy equal access and choice to electronic communication services, in respect to the obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and according to the UNCRPD Committee General Comment nº 2 on Accessibility on the application of Universal Design approach. Member States should therefore take the necessary measures, including ex ante conditions, to ensure that electronic communication service providers and related equipment manufacturers make their services and products accessible for end-users with disabilities following a Universal Design approach.

Amendment 194 #

Proposal for a directive
Recital 45

(45) TIt is essential that the conditions ~~that may be~~ attached to authorisations should cover specific conditions governing accessibility for users with disabilities and the need of public authorities and emergency services to communicate between themselves and with the general public before, during and after major disasters.

Amendment 195 #

Proposal for a directive
Recital 47 a (new)

(47a) Providers of electronic communication services that operate in more than one Member State are still subject to different rules, requirements and reporting obligations despite having the freedom to provide electronic communications networks and services anywhere in Europe, which hinders the development and growth of the internal market for electronic communications. This should therefore be possible for such providers to be granted on single general authorisation by the Member State indicated in their notification as the provider's main establishment in the EU. The single general authorisation should include the specific conditions that apply in the different Member States of operation to ensure compliance of the service provider with all relevant laws. BEREC should facilitate the coordination and exchange of information to ensure compliance of the service provider with Union and national law. Providers of electronic communication services would still need to obtain specific authorisations for the rights of use for numbers, radio spectrum and for rights to install facilities.

Amendment 196 #

Proposal for a directive
Recital 49

(49) Specific obligations which may be imposed on providers of electronic communications networks ~~and electronic communications services other than number-independent~~, of internet access services and of number-based interpersonal communications services in accordance with Union law by virtue of their significant market power as defined in this Directive should be imposed separately from the general rights and obligations under the general authorisation.

Amendment 197 #

Proposal for a directive
Recital 57

(57) To alleviate reporting and information obligations for network and service providers and the competent authority concerned, such obligations should be proportionate, objectively justified and limited to what is strictly necessary. In particular, duplication of requests for information by the competent authority, and by BEREC and the systematic and regular proof of compliance with all conditions under a general authorisation or a right of use should be avoided. Reporting and information obligations for electronic communication services providers operating in several Member States shall be coordinated through the Member State responsible of granting the single general authorisation, without prejudice to information request related to the granting of rights of use for numbers, radio spectrum and for rights to install facilities. BEREC should facilitate the free flow of information between the concerned Member States. Such information should be requested in a common and standardised format. Undertakings should know the intended use of the information sought. Provision of information should not be a condition for market access. For statistical purposes a notification may be required from providers of electronic communications networks or services when they cease activities.

Amendment 198 #

Marlene MIZZI, Nicola DANTI, Maria GRAPINI, Marc TARABELLA

Proposal for a directive
Recital 69

(69) In the context of a competitive environment, the views of interested parties, including users and consumers, should be taken into account by national regulatory authorities when dealing with issues related to end-users' rights. Out-of- court dispute settlement procedures may constitute a fast and cost-efficient way end- users to enforce their rights, in particular for consumers and micro and small enterprises. For consumer disputes, effective, non-discriminatory and inexpensive procedures to settle their disputes with providers of publicly available electronic communications services are already ensured by Directive 2013/11/EU of the European Parliament and of the Council31 in so far as relevant contractual disputes are concerned and the consumer is resident and the undertaking is established within the Union. As many Member States have established dispute resolution procedures also for end-users other than consumers, to whom Directive 2013/11/EU does not apply, it is reasonable to maintain the sector-specific dispute resolution procedure for both consumers and, where Member States extend it, also for other end-users, in particular micro and small enterprises. Consumers should always be allowed to resolve their disputes with undertakings providing electronic communications networks and services through sector-specific dispute resolution procedure, if they wish to do so. In view of the deep sectorial expertise of national regulatory authorities, Member States should enable the national regulatory authority to act as dispute settlement entity, through a separate body within that authority which should not be subject to any instructions. Dispute resolution procedures under this Directive that involve consumers should be subject to clear and efficient procedures and the quality requirements set out in Chapter II of Directive 2013/11/EU. __________________ 31 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).

Amendment 199 #

Proposal for a directive
Recital 89

(89) Standardisation should remain primarily a market-driven process. However there may still be situations where it is appropriate to require compliance with specified standards at Union level to ~~ensure interoperabil~~in order to improve interoperability, freedom of choice for users and encourage interconnectivity in the single market. At national level, Member States are subject to the provisions of Directive 2015/1535/EU. Standardisation procedures under this Directive are without prejudice to the provisions of the Radio Equipment Directive 2014/53/EU, the Low Voltage Directive 2014/35/EU and the Electromagnetic Compatibility Directive 2014/30/EU.

Amendment 200 #

Marlene MIZZI, Nicola DANTI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 90

(90) Providers of public electronic communications networks or publicly available electronic communications services, or of both, should be required to take measures to safeguard the security of their networks and services, respectively. Having regard to the state of the art, those measures should ensure a level of security of networks and services appropriate to the risks posed. Security measures should take into account, as a minimum, all the relevant aspects of the following elements: as regards security of networks and facilities: physical and environmental security, security of supplies, access control to networks and integrity of networks; as regards incident handling: incident-handling procedures, incident detection capability, incident reporting and communication; as regards business continuity management: service continuity strategy and contingency plans, disaster recovery capabilities; and as regards monitoring, auditing and testing: monitoring and logging policies, exercise contingency plans, network and service testing, security assessments and compliance monitoring; and compliance with international standards. In a situation of security breach, end-users should be informed accordingly of any potential risks and possible protective measures or remedies which they can use.

Amendment 201 #

Proposal for a directive
Recital 91

(91) Given the growing importance of number-independent interpersonal communications services, it is necessary to ensure that they are also subject to appropriate security requirements in accordance with their specific nature and economic importance. Providers of such services should thus ensure a level of security commensurate with the degree of risk posed to the security of the electronic communications services they provide. Given that providers of number- independent interpersonal communications services normally do not exercise actual control over the transmission of signals over networks, the degree of risk for such services can be considered in some respects lower than for traditional electronic communications services. Therefore, whenever it is justified by the actual assessment of the security risks involved, the security requirements for number-independent interpersonal communications services should be lighter. In that context, the providers should be able to decide about the measures they consider appropriate to manage the risks posed to the security of their services. The same approach should apply mutatis mutandis to interpersonal communications services which make use of numbers and which do not exercise actual control over signal transmission.

Amendment 202 #

Proposal for a directive
Recital 91 a (new)

(91a) In order to ensure and safeguard the privacy and security of user data and traffic and the security and integrity of networks and services, the use of end-to- end encryption should be promoted and, wherever technically feasible, be mandatory in accordance with the principles of data protection in order to achieve full security and privacy by design; in particular, Member States should not impose any obligation to encryption providers, providers of electronic communications services and all other organisations (at all levels of the supply chain) that would result in the weakening of the security of their networks and services, such as the allowing or facilitation of "backdoors".

Amendment 203 #

Proposal for a directive
Recital 91 a (new)

(91a) In order to safeguard the security and integrity of networks and services, the use of end-to-end encryption should be promoted and, where necessary, be mandatory in accordance with the principles of security and privacy by design; in particular, Member States should not impose any obligation to encryption providers, providers of electronic communications services and all other organisations (at all levels of the supply chain) that would result in the weakening of the security of their networks and services, such as the allowing or facilitation of "backdoors".

Amendment 204 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 127

(127) Massive growth in radio spectrum demand, and in end-user demand for wireless broadband capacity, calls for solutions allowing alternative, complementary, spectrally efficient access solutions, including low-power wireless access systems with a small-area operating range such as radio local area networks (RLAN) and networks of low-power small- size cellular access points. Such complementary wireless access systems, in particular publicly accessible RLAN access points, increase access to the internet for end-users and mobile traffic off-loading for mobile operators. RLANs use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right. Most RLAN access points are so far used by private users as local wireless extension of their fixed broadband connection. End-users, within the limits of their own internet subscription, should not be prevented from sharing access to their RLAN with others, so as to increase the number of available access points, particularly in densely populated areas, maximise wireless data capacity through radio spectrum re-use and create a cost- effective complementary wireless broadband infrastructure accessible to other end-users. ~~Therefore, unnecessary restrictions to the deployment and interlinkage of RLAN access points should also be removed.~~Providers shall ensure that such access is given with the explicit consent of end-users, is not detrimental to the conditions of an end-users' own access and liability is not born by the end- user giving the access to their network located at the end-user's premises. In addition, Public authorities or public service providers, who use RLANs in their premises for their personnel, visitors or clients, for example to facilitate access to e-Government services or for information on public transport or road traffic management, could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises, to the extent allowed by competition and public procurement rules. Moreover, the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non-commercial basis or as an ancillary service to another activity that is not dependant on such access (such as RLAN hotspots made available to customers of other commercial activities or to the general public in that area) can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end-users or interconnection. However, such provider should remain subject to the liability rules of Article 12 of Directive 2000/31/EC on electronic commerce35 . Further technologies such as LiFi are emerging that will complement current radio spectrum capabilities of RLANs and wireless access point to include optical visible light-based access points and lead to hybrid local area networks allowing optical wireless communication. __________________ 35 Directive2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), (OJ L 178, 17.7.2000, p.1).

Amendment 205 #

Proposal for a directive
Recital 138

(138) In case such interoperability issues arise, the Commission may request a BEREC report which should provide a factual assessment of the market situation at the Union and Member States level. On the basis of the BEREC report and other available evidence and taking into account the effects on the internal market, the Commission should decide whether there is a need for regulatory intervention by national regulatory authorities. If the Commission considers that such regulatory intervention should be considered by National Regulatory Authorities, it may adopt implementing measures specifying the nature and scope of possible regulatory interventions by NRAs, including in particular measures to impose the mandatory use of standards or specifications on all or specific providers. The terms 'European standards' and 'international standards' are defined in Article 2 of Regulation (EU) No 1025/2012.36 National regulatory authorities should assess, in the light of the specific national circumstances, whether any intervention is necessary and justified to ensure end-to-end-connectivity or access to emergency services, and if so, impose proportionate obligations in accordance with the Commission implementing measures and without additional requirements to it. __________________ 36 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council [OJ L 364 of 14.11.2012, p.12]

Amendment 206 #

Proposal for a directive
Recital 143

(143) While it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end-to-end connectivity or interoperability of services~~, it is however necessary to ensure that such obligations are~~. Such obligations must only be imposed where justified in order to secure the objectives of this Directive, and where they are objectively justified, transparent, proportionate and non-discriminatory for the purpose of promoting efficiency, sustainable competition, efficient investment and innovation, giving the maximum benefit to end-users and imposed in conformity with the regulatory framework and, in particular, its notification procedures.

Amendment 207 #

Proposal for a directive
Recital 194

(194) Universal service is a safety net to ensure that a set of minimum services is available to all ~~end-us~~consumers at an affordable price, where a risk of social exclusion arising from the lack of such access prevents citizens from full social and economic participation in society.

Amendment 208 #

Marlene MIZZI, Nicola DANTI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 195

(195) Basic broadband internet access is virtually universally available across the Union and very widely used for a wide range of activities. However, the overall take-up rate is lower than availability as there are still those who are disconnected by reasons related to awareness, cost, skills and by choice. Affordable ~~functional~~, accessible and available internet access has become of crucial importance to society and the wider economy. It provides the basis for participation in the digital economy and society ~~through essential online internet services~~.

Amendment 209 #

Proposal for a directive
Recital 195

(195) Basic broadband internet access is virtually universally available across the Union and very widely used for a wide range of activities. However, the overall take-up rate is lower than availability as there are still those who are disconnected by reasons related to awareness, cost, skills and by choice. Affordable ~~functional~~ internet access has become of crucial importance to society and the wider economy. It provides the basis for participation in the digital economy and society through essential online internet services.

Amendment 210 #

Proposal for a directive
Recital 196

(196) A fundamental requirement of universal service is to ensure that all end- users have access at an affordable price to available functional internet access and voice communications services, at least at a fixed location. Member States should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move, where they deem this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations. This can include delivering the Universal Service Obligation by mobile services. This is in line with the Commission's intention to deliver digitalised rail networks and connectivity for all major transport paths, as outlined in the Commission's Communication 'Connectivity for a Competitive Single Market – Towards a European Gigabit Society' (COM(2016) 587 final). The inclusion of mobile services within the scope of the USO shall compliment conditions applied to spectrum allocation which encourage network coverage in Member States.

Amendment 211 #

Proposal for a directive
Recital 196

(196) A fundamental requirement of universal service is to ~~ensure that all end- users have~~follow a Universal Design approach in order to ensure that all end-users, including end-users with disabilities, have equal access at an affordable price to available functional internet access and ~~voice~~conversational communications services, at least at a fixed location. Member States should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move, where they deem this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations. A fundamental requirement of universal service is to ensure that all consumers have access at an affordable price to available internet access and voice communications services, at least at a fixed location. Member States should also have the possibility to ensure affordability to citizens on the move, where they deem this to be necessary to ensure full social and economic participation in society.

Amendment 212 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ, Kerstin WESTPHAL, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 196

(196) A fundamental requirement of universal service is to ~~ensure that all end- users have~~follow a Universal Design approach in order to ensure that all end-users, including end-users with disabilities, have equal access ato an affordable ~~price to~~and available ~~functional~~ internet access and ~~voice~~two-way communications services, at least at a fixed location to all citizens, especially for socially disadvantaged communities. Member States should also have the possibility to ensure affordability, availability and accessibility of services ~~not~~ provided a~~t a fixed location but~~lso to citizens on the move, where they deem this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations.

Amendment 213 #

Proposal for a directive
Recital 196

(196) A fundamental requirement of universal service is to ~~ensure that all end- users~~follow a Universal Design approach in order to ensure that all end-users, including end-users with disabilities, have access at an affordable price to available functional internet access and ~~voice~~conversational communications services, at least at a fixed location. Member States should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move, where they deem this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations.

Amendment 214 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 197

(197) The speed of Internet access experienced by a given user may depend on a number of factors, including the provider(s) of Internet connectivity as well as the given application for which a connection is being used. The affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic servicesavailable, affordable and accessible internet access provided under the universal service obligation should have the capacity to support access to and use of basic internet services and minimum bandwidth that reflect the ~~services used by~~needs of the majority of end-users~~. This minimum list of services should be fur~~ and is needed to allow citizens an adequate level of social inclusion and participation in ther d~~efined by Member States, in order to allow an adequate level of social inclusion and participation in the digital soci~~igital society and economy in their territory. This would ensure that all consumers have access to what is a standard basic broadband in the Member State. The requirements of Union legislation on open internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015, should apply to any list of internety a~~nd economy in their territory~~ccess services or minimum bandwidth adopted under the universal service obligation.

Amendment 215 #

Proposal for a directive
Recital 197

(197) The speed of Internet access experienced by a given user may depend on a number of factors, including the provider(s) of Internet connectivity as well as the given application for which a connection is being used. ~~The a~~Affordable ~~functional~~ internet access service should bhave sufficient functionality in order to support access to and use of a minimum set of basic services ~~that reflect the~~. A minimum list of services should be defined by national regulatory authorities, taking into account the types of services used by the majority of end- users in that Member State and relevant guidance from BEREC. Thise minimum list ~~of services should be further defined by Member States, in order t~~should consist of, at least, video call~~ow an adequate level of social inclusion and participation in the digital society and economy in their territory.~~ s available in standard quality. This minimum list should be reviewed periodically by national regulatory authorities and guidance provided by BEREC shall be updated on a regular basis.

Amendment 216 #

Proposal for a directive
Recital 197

Amendment 217 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ, Kerstin WESTPHAL, Lucy ANDERSON

Proposal for a directive
Recital 200

(200) Affordable price means a price defined by Member States at national level in the light of specific national conditions, and may involve special tariff options or packages to deal with the needs of low- income users or users with special social needs~~, including the elderly, the disabled and the end-users~~. These end-users may include older people living in rural or geographically isolated areas. These offers should be provided with basic features, in order to ~~avoid distortion of the functioning of the market~~ensure their right to access publicly available electronic communication services. Affordability for individual end- users should be founded upon their right to contract with an undertaking, availability of a number, continued connection of service and their ability to monitor and control their expenditure.

Amendment 218 #

Proposal for a directive
Recital 200

(200) Affordable price means a price defined by Member States at national level in the light of specific national conditions, and may involve special tariff options or packages to deal with the needs of low- income users or users with special social needs,. These end-users may includ~~ing th~~e eolder~~ly,~~ people, persons withe disab~~led~~ilities and the end-users living in rural or geographically isolated areas. These offers should be provided with basic features, in order to ~~avoid distortion of the functioning of the market~~ensure their right to access publicly available electronic communication services. Affordability for individual end- users should be founded upon their right to contract with an undertaking, availability of a number, continued connection of service and their ability to monitor and control their expenditure.

Amendment 219 #

Proposal for a directive
Recital 200

(200) Affordable price means a price defined by Member States at national level in the light of specific national conditions, and may involve special tariff options or packages to deal with the needs of low- income users or users with special social needs,. These end-users may includ~~ing th~~e eolder~~ly,~~ people, persons withe disab~~led~~ilities and the end-users living in rural or geographically isolated areas. These offers should be provided with basic features, in order to ~~avoid distortion of the functioning of the market~~ensure their right to access publicly available electronic communication services. Affordability for individual end- users should be founded upon their right to contract with an undertaking, availability of a number, continued connection of service and their ability to monitor and control their expenditure.

Amendment 220 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 201

(201) It should no longer be possible to refuse end-users access to the minimum set of connectivity services. A right to contract with an undertaking should mean that end- users who might face refusal, in particular those with low incomes or special social needs, should have the possibility to enter into a contract for the provision of affordable ~~functional~~ internet access and voice communications services at least at a fixed location with any undertaking providing such services in that location. In order to minimise the financial risks such as non- payment of bills, undertakings should be free to provide the contract under pre- payment terms, on the basis of affordable individual pre-paid units.

Amendment 221 #

Proposal for a directive
Recital 203

(203) Compensating undertakings providing such services in such circumstances need not result in distortion of competition, provided that such undertakings are compensated for the specific net cost involved and provided that the net cost burden is recovered in a competitively neutral way. National regulatory authorities may assess each market development on a case-by-case basis to safeguard competition and ensure proportionate obligations in order to ensure that no market distortions are generated over investment and access.

Amendment 222 #

Proposal for a directive
Recital 206

(206) Member States should introduce measures to promote the creation of a market fo~~r afforda~~llowing a Universal Design approach for affordable and accessible products and services incorporating facilities for ~~disabled~~ end- users~~, including equipment with assistive technologi~~ with disabilities, including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services. This can be achieved, inter alia, by referring to European standards, or by introducing requirements in accordance with Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services38 Member States should define appropriate measures according to national circumstances, which gives flexibility for Member States to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for ~~disabled~~ end- users with disabilities under normal economic conditions. __________________ 38 OJ C […], […], p. […].

Amendment 223 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 206

(206) Member States should introduce measures to promote the creation of a market ~~for afforda~~based on a Universal Design approach for affordable and accessible products and services incorporating facilities for ~~disabled~~ end- users~~, including equipment with assistive technologi~~ with disabilities, including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services. This can be achieved, inter alia, by referring to European standards, or by introducing requirements in accordance with Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services38 Member States should define appropriate measures according to national circumstances, which gives flexibility for Member States to take specific measures for instance if the market is not delivering affordable and accessible products and services incorporating facilities for ~~disabled~~ end- users with disabilities under normal economic conditions. __________________ 38OJ C […], […], p. […]. 38 OJ C […], […], p. […].

Amendment 224 #

Proposal for a directive
Recital 206

(206) Member States should introduce measures to promote the creation of a market for affordable products and services following a Universal Design approach and incorporating facilities for ~~disabled~~ end- users~~, including equipment with assistive technologi~~ with disabilities, including when necessary equipment with assistive technologies interoperable with publicly available electronic communication equipment and services. This can be achieved, inter alia, by referring to European standards, or by introducing requirements in accordance with Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services38 Member States should define appropriate measures according to national circumstances, which gives flexibility for Member States to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for ~~disabled~~ end- users with disabilities under normal economic conditions. __________________ 38 OJ C […], […], p. […].

Amendment 225 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 207

(207) For data communications at data rates that are sufficient to permit a ~~functional~~n Internet access, fixed-line connections are nearly universally available and used by a majority of citizens across the Union. The standard fixed broadband coverage and availability in the Union stands at 97% of homes in 2015, with an average take-up rate of 72%, and services based on wireless technologies have even greater reach. However, there are differences between Member States as regards availability and affordability of fixed broadband across urban and rural areas.

Amendment 226 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 208

(208) The market has a leading role to play in ensuring availability of broadband internet access with constantly growing capacity. In areas where the market would not deliver, other public policy tools to support availability of ~~functional~~ internet access connections appear, in principle, more cost-effective and less market- distortive than universal service obligations, for example recourse to financial instruments such as those available under EFSI and CEF, the use of public funding from the European structural and investment funds, attaching coverage obligations to rights of use for radio spectrum to support the deployment of broadband networks in less densely populated areas and public investment in conformity with Union State aid rules.

Amendment 227 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 209

(209) If after carrying out a due assessment, taking into account the results of the geographical survey of networks deployment conducted by the national regulatory authority, it is shown that neither the market nor public intervention mechanisms are likely to provide end-users in certain areas with a connection capable of delivering ~~functional~~ internet access service as defined by Member States in accordance with Article 79 (2) and voice communications services at a fixed location, the Member State should be able to exceptionally designate different undertakings or sets of undertakings to provide these services in the different relevant parts of the national territory. Universal service obligations in support of availability of functional internet access service may be restricted by Member States to the end-user’s primary location or residence. There should be no constraints on the technical means by which the functional internet access and voice communications services at a fixed location are provided, allowing for wired or wireless technologies, nor any constraints on which operators provide part or all of universal service obligations.

Amendment 228 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 214

(214) ~~In order to provide stability and support a gradual transition,~~ Member States should be able to continue to ensure the provision of universal services in their territory, other than functional internet access and voice communications services at a fixed location, that are included in the scope of their universal obligations on the basis of Directive 2002/22/EC at the entry into force of this Directive, provided the services or comparable services are not available under normal commercial circumstances. Public pay telephones and communications access points should be provided in key points, such as airports or train and bus stations, as well as places used by people in cases of emergencies, such as hospitals, police stations and highway emergency areas, to meet the reasonable needs of end-users, including end-users with disabilities Allowing the continuation of the provision of public payphones, directories and directory enquiry services under the universal service regime, as long as the need is still demonstrated, would give Member States the flexibility necessary to duly take into account the varying national circumstances. However, the financing of such services should be done via public funds ~~as for the other universal service obligations~~.

Amendment 229 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 215

(215) Member States should monitor the situation of end-users with respect to their use of ~~functional~~ internet access and voice communications services and in particular with respect to affordability and availability. The affordability of ~~functional~~ internet access and ~~voice~~two-way communications services is related to the information which users receive regarding usage expenses as well as the relative cost of usage compared to other services, and is also related to their ability to control expenditure. Affordability therefore means giving power to consumers through obligations imposed on undertakings. These obligations include a specified level of itemised billing, the possibility for consumers selectively to block certain calls (such as high-priced calls to premium services), the possibility for consumers to control expenditure via pre-payment means and the possibility for consumers to offset up-front connection fees. Such measures may need to be reviewed and changed in the light of market developments.

Amendment 230 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 217

(217) Where the provision of ~~functional~~ internet access and ~~voice~~two-way communications services or the provision of other universal services in accordance with ~~Article 85~~ the universal service obligation under this directive result in an unfair burden on an undertaking, taking due account of the costs and revenues as well as the intangible benefits resulting from the provision of the services concerned, that unfair burden can be included in any net cost calculation of universal obligations.

Amendment 231 #

Proposal for a directive
Recital 221

(221) When a universal service obligation represents an unfair burden on an undertaking, it is appropriate to allow Member States to establish mechanisms for efficiently recovering net costs. The net costs of universal service obligations should be recovered via public funds, contributions from providers of electronic communications networks or services, or a mixture of both mechanisms. Where Member States require a contribution from providers, the Member State shall determine the extent to which those providers are required to contribute to the financing mechanism. This may include electronic communications services which benefit from network connectivity, as deemed appropriate by the Member State. Functional internet access brings benefits not only to the electronic communications sector but also to the wider online economy and to society as a whole. Providing a connection which supports broadband speeds to an increased number of end-users enables them to use online services and so actively to participate in the digital society. Ensuring such connections on the basis of universal service obligations serves at least as much the public interest as it serves the interests of electronic communications providers. Therefore Member States should compensate the net costs of such connections supporting broadband speeds as part of the universal service from public funds, which should be understood to comprise funding from general government budgets.

Amendment 232 #

Marlene MIZZI, Nicola DANTI, Maria GRAPINI, Lucy ANDERSON

Proposal for a directive
Recital 221

(221) When a universal service obligation represents an unfair burden on an undertaking, it is appropriate to allow Member States to establish mechanisms for efficiently recovering net costs. The net costs of universal service obligations should be recovered via public funds or through a private mechanism. Functional internet access brings benefits not only to the electronic communications sector but also to the wider online economy and to society as a whole. Providing a connection which supports broadband speeds to an increased number of end-users enables them to use online services and so actively to participate in the digital society. Ensuring such connections on the basis of universal service obligations serves at least as much the public interest as it serves the interests of electronic communications providers. Therefore Member States should compensate the net costs of such connections supporting broadband speeds as part of the universal service from public funds~~, which should be understood to comprise funding from general government budget~~ or through sharing the costs between providers of electronic communication networks and services, and information society services.

Amendment 233 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 227

(227) Considering the particular aspects related to reporting missing children, Member States should maintain their commitment to ensure that a well- functioning service for reporting missing children is actually available in their territories under the number ‘116000’. Member States shall ensure that a review of their national system is carried out regarding transposition and implementation of the Directive, taking into account the measures needed to achieve a sufficient level of service quality in operating the 116 000 number as well as engaging the financial resources necessary to operate the hotline.

Amendment 234 #

Proposal for a directive
Recital 227

(227) Considering the particular aspects related to reporting missing children, Member States should maintain their commitment to ensure that a well- functioning service for reporting missing children is actually available in their territories under the number ‘116000’. The definition of missing children falling under the 116000 number should include the following categories children: runaways, international child abductions, missing children, parental abductions, missing migrant children, criminal abductions and lost, sexual abuses and where the life of a child is at risk.

Amendment 235 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 227 a (new)

(227a) Even though efforts have been made to raise awareness since the first hotlines became operational after the EC Decision of 2007, hotlines still struggle with varying and often very low awareness in their countries. Strengthening the hotlines' efforts in raising awareness of the number and the services provided is an important step to better protecting, supporting and preventing missing children. To that end Member States and the Commission shall continue to support efforts promoting the 116 000 number among the general public and among relevant stakeholders in national child protection systems.

Amendment 236 #

Proposal for a directive
Recital 229 a (new)

(229a) In the case of number-based interpersonal communications services, there are significant price differences between national communications and those terminating in a different Member State, on both the mobile and the fixed network. Those differences should be eliminated unless the supplier shows that they are due to objective differences in costs.

Amendment 237 #

Proposal for a directive
Recital 230

(230) Divergent implementation of the rules on end-user protection has created significant internal market barriers affecting both providers of electronic communications services and end-users. Those barriers should be reduced by the applicability of the same rules ensuring a high common level of protection across the Union. A calibrated full harmonisation of the end-user rights covered by this Directive should considerably increase legal certainty for both end-users and providers of electronic communications services, and should significantly lower entry barriers and unnecessary compliance burden stemming from the fragmentation of the rules. Full harmonisation helps to overcome barriers to the single market resulting from such national end-user provisions which at the same time protect national providers against competition from other Member States. In order to achieve a high common level of protection, several end-user provisions should be reasonably enhanced in this Directive in the light of best practices in Member States. Full harmonisation of their rights increases the trust of end-users in the internal market as they benefit from an equally high level of protection when using electronic communications services, not only in their Member State but also while living, working or travelling in other Member States. Member States should maintain the possibility to have a higher level of end- user protection and where an explicit derogation is provided for in this Directive, ~~and~~whilst retaining the ability to act in areas not covered by this Directive. This is essential as National Regulatory Authorities must be given the flexibility to respond to and address new consumer harm as and when they emerge in their national markets.

Amendment 238 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 232

(232) Provisions on contracts in this Directive should apply irrespective the amount of any payment to be made by the customer. They should apply not only to consumers but also to micro and small enterprises as defined in Commission Recommendation 2003/361/EC, whose bargaining position is comparable to that of consumers and which should therefore benefit from the same level of protection. The provisions on contracts, including those contained in Directive 2011/83/EU onIn order to achieve a high level of consumer protection, several end-user provisions should be reasonably enhanced in this Directive in the light of best practices in Member States. Minimum harmonisation of consumers' rights, should apply automatically to those undertakings unless they prefer negotiating individualised contract terms with providers of electronic communications services. As opposed to micro and small enterprises, larger enterprises usually have stronger bargaining power and do, therefore, not depend on the same contractual information requirements as consumers. Other provisions, such as number portability, which are important also for larger enterprises should continue to apply to all end-users across Europe increases the trust of end-users in the internal market as they benefit from a high level of protection when using electronic communications networks and services. Therefore, Member States should maintain the possibility to have a higher level of end-user protection and to act in areas not covered by this Directive.

Amendment 239 #

Marlene MIZZI, Biljana BORZAN, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 232 a (new)

(232a) Very significant price differences continue to prevail, both for fixed and mobile communications, between domestic voice and SMS communications and those terminating in another Member State. While there are substantial variations between countries, operators and tariff packages, and between mobile and fixed services, this continues to affect more vulnerable customer groups and to pose barriers to seamless communication within the EU. Any significant retail price differences between electronic communications services terminating in the same Member State and those terminating in another Member State should therefore be justified by reference to objective criteria.

Amendment 240 #

Proposal for a directive
Recital 233

(233) The specificities of the electronic communications sector require, beyond horizontal contract rules, a limited number of additional end-user protection provisions. End-users should inter alia be informed of any quality of service levels offered,, conditions for promotions and termination of contracts, applicable tariff plans and tariffs for services subject to particular pricing conditions. That information is relevant for most publicly available electronic communications services but not for number-independent interpersonal communications services. In order to enable the end-user to make a well-informed choice, it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language. For the same reason, providers should present a summary of the essential contract terms. In order to facilitate comparability and reduce compliance cost, ~~BEREC should issue a template for such~~ a common contact summary should be developed by national regulatory authorities, taking into account~~ract summaries~~ any relevant BEREC guidance. This summary should be limited in length and should summarise in plain and unambiguous terms the main elements of the contract.

Amendment 241 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 233

(233) The specificities of the electronic communications sector require, beyond horizontal contract rules, a ~~limited number of~~n additional end- user protection provisions. End-users should inter alia be informed of any quality of service levels offered,, conditions for promotions and termination of contracts, applicable tariff plans and tariffs for services subject to particular pricing conditions. That information is relevant for most publicly available electronic communications ~~services but not for number-independent interpersonal communications~~ services. In order to enable the end-user to make a well- informed choice, it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language. For the same reason, providers should present a summary of the essential contract terms. In order to facilitate comparability and reduce compliance cost, BEREC should issue a template for such contract summaries. The pre-contractual information as well as the summary template should constitute an integral part of the final contract.

Amendment 242 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 233 a (new)

(233a) Providers of electronic communication network and/or internet access service and interpersonal communication services provided for remuneration should offer to end-users the possibility to set a financial cap on their usage. This should ensure that without the end-user's explicit consent, the accumulated expenditure over the specified billing period does not exceed a specified financial limit set by the end- user and that an appropriate notification shall be sent to the end-user, when consumption of services has reached the financial limit.

Amendment 243 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 235

(235) W~~ith respect to terminal equipment, the customer contract should specify any res~~here a compensation linked to subsidised terminal equipment bundled with the contract at the moment of the contriactions imposed by the provider on the use of the equipment, such as by way of ‘SIM-locking’ mobile devices, if such restrictions are not prohibited under national legislation, and any charges due on termination of the contract, whether before or on the agreed expiry date, including any cost imposed in order to retain the equipment. Any charges due at early termination for conclusion exists, the maximum compensation that consumers should pay shall be determined based on either the remaining instalments for the terminal equipment bundled with the contract at the moment of the contract conclusion or the remaining part of the service fee until the end of the contract, whichever amount is smaller. Any restriction on the usage of terminal equipment ~~and~~on other ~~promotional advantages should be calculated on the basis of customary depreciation methods and on a pro rata temporis basis, respectively~~networks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.

Amendment 244 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 237

(237) 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 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 and service comparisons easily, national regulatory authorities should be able to require from undertakings providing electronic communications networks and/or electronic communications services ~~other than number-independent interpersonal communications services~~ greater transparency as regards information (including tariffs, quality of service, restrictions on terminal equipment supplied, and other relevant statistics). Any such requirements should take due account of the characteristics of those networks or services. They should also ensure that third parties have the right to use, without charge, publicly available information published by such undertakings, in view of providing comparison tools. No internet access or interpersonal communication service provider should be given favourable treatment in search results.

Amendment 245 #

Proposal for a directive
Recital 237

(237) 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-us~~Consumers 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 and service comparisons easily, national regulatory authorities should be able to require from undertakings providing electronic communications networks and/or ~~electronic communication~~internet access services o~~ther than number-independent~~r interpersonal communications services greater transparency as regards information (including tariffs, quality of service, restrictions on terminal equipment supplied, and other relevant statistics). Any such requirements should take due account of the characteristics of those networks or services. They should also ensure that third parties have the right to use, without charge, publicly available information published by such undertakings, in view of providing comparison tools.

Amendment 246 #

Proposal for a directive
Recital 240

(240) Independent comparison tools should be operationally independent from providers of publicly available electronic communications services. They can be operated by private undertakings, or by or on behalf of competent authorities, however they should be operated in accordance with specified quality criteria including the requirement to provide details of their owners, provide accurate and up-to-date information, state the time of the last update, set out clear, objective criteria on which the comparison will be based and include a broad range of offers on publicly available ~~electronic communications services other than number-independent~~internet access service and interpersonal communications services, covering a significant part of the market. Member States should be able to determine how often comparison tools are required to review and update the information they provide to end-users, taking into account the frequency with which providers of publicly available ~~electronic communications services other than number-independent~~internet access service and interpersonal communications services, generally update their tariff and quality information. Where there is only one tool in a Member State and that tool ceases to operate or ceases to comply with the quality criteria, the Member State should ensure that end-users have access within a reasonable time to another comparison tool at national level.

Amendment 247 #

Proposal for a directive
Recital 243

(243) National regulatory authorities should be empowered to monitor the quality of services and to collect systematically information on the quality of services, including that related to the provision of services to disabled end-users. This information should be collected on the basis of criteria which allow comparability between service providers and between Member States. Undertakings providing electronic communications services, operating in a competitive environment, are likely to make adequate and up-to-date information on their services publicly available for reasons of commercial advantage. National regulatory authorities should nonetheless be able to require publication of such information where it is demonstrated that such information is not effectively available to the public. National regulatory authorities should also set out the measurement methods to be applied by the service providers in order to improve the comparability of the data provided. In order to facilitate comparability across the Union and to reduce compliance cost, BEREC should adopt guidelines on relevant quality of service parameters which national regulatory authorities should take into utmost account.

Amendment 248 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 244

(244) In order to take full advantage of the competitive environment, consumers should be able to make informed choices and to change providers when it is in their best interest. It is essential to ensure that they are able to do so without being hindered by legal, technical or practical obstacles, including contractual conditions, procedures, charges etc. That does not preclude undertakings from setting reasonable minimum contractual periods of up to 24 months in consumer contracts. However, Member States should have the possibility to set a shorter maximum duration in light of national conditions, such as levels of competition and stability of network investments. Independently from the electronic communications service contract, consumers might prefer and benefit from a longer reimbursement period for physical connections. Such consumer commitments can be an important factor in facilitating deployment of very high capacity connectivity networks up to or very close to end-user premises, including through demand aggregation schemes which enable network investors to reduce initial take-up risks. However, the rights of consumers to switch between providers of electronic communications services, as established in this Directive, should not be restricted by such reimbursement periods in contracts on physical connections.

Amendment 249 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 245

(245) Consumers should be able to terminate ~~their~~a contract with~~out incurring any costs also in cases of automa~~ a one-month notice p~~rolongation after the expiration of the initial contract term~~eriod. No termination penalties shall be due.

Amendment 250 #

Proposal for a directive
Recital 246

(246) Any changes to the contractual conditions imposed by providers of publicly available electronic communications services other than number-independent interpersonal communications services, to the material detriment of the end-user, for example in relation to charges, tariffs, data volume limitations, data speeds, coverage, or the processing of personal data should be considered as giving rise to the right of the end-user to terminate the contract without incurring any costs, even if they are combined with some beneficial changes.

Amendment 251 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 246

(246) Any changes to the contractual conditions improposed by providers of publicly available electronic communications services other than number-independent interpersonal communications services, to the detriment of the end-user, for example in relation to charges, tariffs, data volume limitations, data speeds, coverage, or the processing of personal data should be considered as giving rise to the right of the end-user to terminate the contract without incurring any costs~~, even if they are combined with some beneficial changes~~. Subscription to one or more additional services offered should not re- start or extend the initial contract period unless the initial services or the additional services are offered at a special promotional price conditioned to the renewal of the existing contract, subject to the explicit previous agreement of the consumer to extend or renew the contract.

Amendment 252 #

Proposal for a directive
Recital 247

(247) The possibility of switching between providers is key for effective competition in a competitive environment. The availability of transparent, accurate and timely information on switching should increase the end-users' confidence in switching and make them more willing to engage actively in the competitive process. ~~Service providers should~~National regulatory authorities should adopt measures that seek to ensure continuity of service so that end-users are able to switch providers without being hindered by the risk of a loss of service.

Amendment 253 #

Proposal for a directive
Recital 251

(251) Number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications and ~~should~~must be implemented with the minimum delay, so that the number is functionally activated within one working day and the user does not experience a loss of service lasting longer than one working day. In order to facilitate a one-stop-shop enabling a seamless switching experience for end- users, the switching process should be led by the receiving provider of electronic communications to the public. National regulatory authorities may prescribe the global process of the porting of numbers, taking into account national provisions on contracts and technological developments. Those provisions must not limit the right to number portability and should also allow users to change the assigned number without changing the associated SIM card. Experience in certain Member States has shown that there is a risk of consumers being switched to another provider without having given their consent. While that is a matter that should primarily be addressed by law enforcement authorities, Member States should be able to impose such minimum proportionate measures regarding the switching process, including appropriate sanctions, as are necessary to minimise such risks, and to ensure that consumers are protected throughout the switching process without making the process less attractive for them.

Amendment 254 #

Marlene MIZZI, Biljana BORZAN, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 251

(251) NSwitching and number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications and should be implemented with the minimum delay, so that the number is functionally activated within one working day and the user does not experience a loss of service lasting longer than one working day. In order to facilitate a one-stop-shop enabling a seamless switching experience for end- users, the switching process should be led by the receiving provider of electronic communications to the public. National regulatory authorities may prescribe the global process of the porting of numbers, taking into account national provisions on contracts and technological developments. Experience in certain Member States has shown that there is a risk of consumers being switched to another provider without having given their consent. While that is a matter that should primarily be addressed by law enforcement authorities, Member States should be able to impose such minimum proportionate measures regarding the switching process, including appropriate sanctions, as are necessary to minimise such risks, and to ensure that consumers are protected throughout the switching process without making the process less attractive for them.

Amendment 255 #

Proposal for a directive
Recital 252

(252) Bundles comprising publicly available electronic communications services other than number-independent interpersonal communications services, and other services such as linear broadcasting, or goods such as devices, have become increasingly widespread and are an important element of competition. While they often bring about benefits for end-users, they can make switching more difficult or costly and raise risks of contractual "lock-in". Where divergent contractual rules on contract termination and switching apply to the different services, and to any contractual commitment regarding acquisition of products which form part of a bundle, consumers are effectively hampered in their rights under this Directive to switch to competitive offers for the entire bundle or parts of it. The provisions of this Directive regarding contracts, transparency, contract duration and termination and switching should, therefore, apply to all elements of a bundle, except to the extent that other rules applicable to the non-electronic communications elements of the bundle are more favourable to the consumer. Other contractual issues, such as the remedies applicable in the event of non-conformity with the contract, should be governed by the rules applicable to the respective element of the bundle, for instance by the rules of contracts for the sales of goods or for the supply of digital content. For the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the initial contract period. Member States should retain the discretion to exempt elements in the bundle in cases where their nature implies different regulatory treatment, for example because those elements are addressed by other sector-specific regulation.

Amendment 256 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 252

(252) Bundles comprising publicly available electronic communications services other than number-independent interpersonal communications services, and other services such as linear broadcasting, or ~~goods~~terminal equipment such as devices, have become increasingly widespread and are an important element of competition. While they often bring about benefits for end-users, they can make switching more difficult or costly and raise risks of contractual "lock-in". Where divergent contractual rules on contract termination and switching apply to the different services, and to any contractual commitment regarding acquisition of products which form part of a bundle, consumers are effectively hampered in their rights under this Directive to switch to competitive offers for the entire bundle or parts of it. The provisions of this Directive regarding contracts, transparency, contract duration and termination and switching should, therefore, apply to all elements of a bundle, except to the extent that other rules applicable to the non-electronic communications elements of the bundle are more favourable to the consumer. Other contractual issues, such as the remedies applicable in the event of non-conformity with the contract, should be governed by the rules applicable to the respective element of the bundle, for instance by the rules of contracts for the sales of goods or for the supply of digital content. For the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the initial contract period.

Amendment 257 #

Proposal for a directive
Recital 254

(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that the electronic communications market follows a Universal Design approach and that all users, including ~~disabled~~ end-users~~, the elderly~~ with disabilities, older people, and users with special social needs, have easy and equal access to affordable and accessible high quality services. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disabilityies in drawing up measures under Article 114 of the TFEU.

Amendment 258 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ, Sergio GUTIÉRREZ PRIETO, Lucy ANDERSON

Proposal for a directive
Recital 254

(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that the electronic communications market follows a Universal Design approach and that all users, including ~~disabled~~ end-users~~, the elderly~~ with disabilities, older people, and users with special social needs, have easy and equal access to affordable and accessible high quality services. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disabilityies in drawing up measures under Article 114 of the TFEU.

Amendment 259 #

Marlene MIZZI, Nicola DANTI, Biljana BORZAN, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ, Kerstin WESTPHAL, Lucy ANDERSON

Proposal for a directive
Recital 254

Amendment 260 #

Proposal for a directive
Recital 255

(255) End-users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment, pre- registration or pre-installation of any kind of software, from any device which enables number-based interpersonal communications services, private telecommunications networks, relay services and total conversation services and where applicable through internal emergency services, including when using roaming services in a Member State. Emergency communications are means of communication, that include not only voice communications but also ~~SMS, messaging~~real-time text, video or other types of communications, including through the use of third party relay services, that are enabled in a Member State to access emergency services. Emergency communication can be triggered on behalf of a person by the eCall in-vehicle system as defined by Regulation 2015/758/EU of the European Parliament and of the Council41 . __________________ 41 Regulation 2015/758/EU of the European Parliament and of the Council concerning type-approval requirements for the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC(OJ L 123, 19.5.2015, p. 77)

Amendment 261 #

Proposal for a directive
Recital 255

(255) End-users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment, pre- registration, pre-installation of any kind of software, from any device which enables number-based interpersonal communications services, including when using roaming services in a Member State. Emergency communications are means of communication, that include not only voice communications but also ~~SMS, messaging~~real-time text, video or other types of communications, including through the use of third party relay services, that are enabled in a Member State to access emergency services. Emergency communication can be triggered on behalf of a person by the eCall in-vehicle system as defined by Regulation 2015/758/EU of the European Parliament and of the Council41 . __________________ 41 Regulation 2015/758/EU of the European Parliament and of the Council concerning type-approval requirements for the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC(OJ L 123, 19.5.2015, p. 77)

Amendment 262 #

Lambert van NISTELROOIJ, Carlos COELHO, Mihai ŢURCANU, Antonio LÓPEZ-ISTÚRIZ WHITE, Ramón Luis VALCÁRCEL SISO, Birgit COLLIN-LANGEN, Andreas SCHWAB

Proposal for a directive
Recital 256

(256) Member States should ensure that undertakings providing end-users with number-based interpersonal communications services provide reliable and accurate access to emergency services, taking into account national specifications and criteria and the capabilities of national PSAPs. Where the number-based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service, the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate PSAP with the same reliability. For such network-independent undertakings, namely undertakings which are not integrated with a public communications network provider, providing caller location information may not always be technically feasible. Member States should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network-independent providers of number-based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services. This may include the designation by a Member State of a single PSAP for receiving such emergency communications. Where such standards and the related PSAP systems have not yet been implemented, network- independent number-based interpersonal communications services should inform end-users when access to emergency services and caller location information is not available.

Amendment 263 #

Proposal for a directive
Recital 256

(256) Member States should ensure that undertakings providing end-users with number-based interpersonal communications services provide reliable and accurate access to emergency services, taking into account national specifications and criteria and the capabilities of national PSAPs. Where the number-based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service, the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate PSAP with the same reliability. For such network-independent undertakings, namely undertakings which are not integrated with a public communications network provider, providing caller location information may not always be technically feasible. Member States should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network-independent providers of number-based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision ~~at a level comparable to that required of other providers of such communications service~~. Where such standards and the related PSAP systems have not yet been implemented, network-independent number-based interpersonal communications services should not be required to provide access to emergency services except in a manner that is technically feasible or economically viable. As an example, this may include the designation by a Member State of a single, central PSAP for receiving emergency communications.

Amendment 264 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 256

(256) Member States should ensure that undertakings providing end-users with number-based interpersonal communications services provide reliable and accurate access to emergency services, including where possible through total conversation services taking into account national specifications and criteria. Where the number-based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service, the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate PSAP with the same reliability. For such network-independent undertakings, namely undertakings which are not integrated with a public communications network provider, providing caller location information may not always be technically feasible. Member States should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network-independent providers of number-based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services.

Amendment 265 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Sergio GUTIÉRREZ PRIETO, Lucy ANDERSON

Proposal for a directive
Recital 256 a (new)

(256a) In case of an appreciable threat to effective access to emergency services in the future the Commission might extend the emergency services to all interpersonal communications services. Prior to extending the emergency services to interpersonal communication services, the Commission, shall assess in close consultation with industry, Member States’ PSAPs, standardisation bodies and other relevant stakeholders, the feasibility of those services to provide accurate and reliable access to emergency service, including location data, and of the PSAPs to be capable of receiving such communications through number- independent interpersonal communications services. End-users should be informed by the provider of interpersonal communication services if support access to 112 is not provided and in case they do if the call or text does not go to the PSAPs.

Amendment 266 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Sergio GUTIÉRREZ PRIETO, Lucy ANDERSON

Proposal for a directive
Recital 256 b (new)

(256b) There is a current existing deficit when it comes to the reporting and performance measurement by Member States with respect to the answering and handling of emergency calls. Therefore, the Commission, having consulted the national regulatory authorities and emergency services, shall adopt performance indicators applicable to the Member States emergency services and report back to the European Parliament and the Council on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators.

Amendment 267 #

Proposal for a directive
Recital 257

(257) Member States should take specific measures to ensure that emergency services, including ‘112’, are equally accessible to ~~disabled end-user~~end-users with disabilities, in particular deaf, hearing-impaired, speech- impaired, blind and deaf-blind users through real-time text or the use of third party relay services interoperable with the telephony networks across the EU. This could also involve the provision of special terminal devices for ~~hearing-impaired users, text relay services, or other specific equipment~~people with disabilities when the abovementioned ways of communication are not suitable for them.

Amendment 268 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Sergio GUTIÉRREZ PRIETO, Lucy ANDERSON

Proposal for a directive
Recital 257

(257) Member States should take specific measures to ensure that emergency services, including ‘'112’', are equally accessible to ~~disabled end-user~~end-users with disabilities, in particular deaf, hearing-impaired, speech- impaired and deaf-blind users through real-time text or the use of third party relay services interoperable with the telephony networks across the EU. This could also involve the provision of special terminal devices for ~~hearing-impaired users, text relay services, or other specific equipment.~~ people with disabilities when the abovementioned ways of communication are not suitable for them.

Amendment 269 #

Marlene MIZZI, Biljana BORZAN, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 257

(257) Member States should take specific measures to ensure that emergency services, including ‘112’, are equally accessible to ~~disabled end-user~~end-users with disabilities, in particular deaf, hearing-impaired, speech- impaired and deaf-blind users through real time text or the use of third party relay services interoperable with the telephony networks across the EU. This could also involve the provision of special terminal devices ~~for hearing-impaired users, text relay services, or other specific equipment~~people with disabilities when the abovementioned ways of communication are not suitable for them.

Amendment 270 #

Proposal for a directive
Recital 259

(259) Caller location information improves the level of protection and the security of end-users and assists the emergency services in the discharge of their duties, provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of PSAPs. The reception and use of caller location information which includes both network-based location information and where available, enhanced handset caller location information should comply with relevant Union law on the processing of personal data and security measures. Undertakings that provide network-based location should make caller location information available to emergency services as soon as the call reaches that service, independently of the technology used. However handset-based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the EGNOS and Galileo Satellite system and other Global Navigation Satellite Systems and Wi-Fi data. Therefore handset-derived caller location information should complement network-based location information even if the handset-derived location may become available only after the emergency communication is set up. Member States should ensure that the PSAPs are able to retrieve and manage the caller location information available. In addition, BEREC, having consulted the stakeholders and in close collaboration with the Commission, shall set up guidelines laying down the criteria for the accuracy and reliability of the caller location information to be provided to the emergency services. The guidelines shall take into account the feasibility of using a mobile terminal equipped with a GNSS devices of mobile terminals in order to improve the accuracy and reliability of the caller location information of a 112 call. The establishment and transmission of caller location information should be free of charge for both the end-user and the authority handling the emergency communication irrespective of the means of establishment, for example through the handset or the network, or the means of transmission, for example through voice channel, SMS or Internet Protocol-based.

Amendment 271 #

Proposal for a directive
Recital 259

(259) Caller location information improves the level of protection and the security of end-users and assists the emergency services in the discharge of their duties, provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of PSAPs. The reception and use of caller location information should comply with relevant Union law on the processing of personal data. Undertakings that provide network-based location should make caller location information available to emergency services as soon as the call reaches that service, independently of the technology used. However handset-based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the EGNOS and Galileo Satellite system and other Global Navigation Satellite Systems and Wi-Fi data. Therefore handset-derived caller location information should complement network-based location information even if the handset-derived location may become available only after the emergency communication is set up. Member States should ensure that the PSAPs are able to retrieve and manage the caller location information ~~availa~~where feasible. The establishment and transmission of caller location information should be free of charge for both the end-user and the authority handling the emergency communication irrespective of the means of establishment, for example through the handset or the network, or the means of transmission, for example through voice channel, SMS or Internet Protocol-based.

Amendment 272 #

Marlene MIZZI, Nicola DANTI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 260 a (new)

(260a) Currently, a citizen in Country A who has a need to contact the emergency services in Country B cannot do so because the emergency services have no facility to contact each other. The solution is to have an EU-wide, secure database of telephone numbers for a lead emergency service(s) in each country. Therefore, the Commission shall maintain a secure database of E.164 European emergency service numbers in order to ensure that they can be contacted in one Member State from another.

Amendment 273 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 260 b (new)

(260b) Recent terrorist attacks in Europe have highlighted the lack of efficient public warning systems in the Member States and across Europe. It is crucial that Member States can inform all the population in a determined area of on- going disasters/attacks or upcoming threats, through the use of electronic communications networks and services, the establishment of national efficient 'Reverse-112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy and data protection rules. The Commission should also assess if it is feasible to set up a universal, accessible, cross-border EU-wide "Reverse 112 communication system" in order to alert the public in the event of an imminent or developing disaster or major state of emergency across different Member States.

Amendment 274 #

Proposal for a directive
Recital 261

(261) In order to ensure that ~~disabled end-user~~end-users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end-users, relevant national authorities should specify, where appropriate and in light of national conditions, consumer protection requirements for ~~disabled end-user~~end-users with disabilities to be met by undertakings providing publicly available electronic communications services. Such requirements can include, in particular, that undertakings ensure that ~~disabled~~ end-users with disabilities take advantage of their services on equivalent terms and conditions, including prices, tariffs and quality, as those offered to their other end- users, irrespective of any additional costs incurred by these undertakings. Other requirements can relate to wholesale arrangements between undertakings. ~~In order to avoid creating an excessive burden on service providers national regulatory authorities should verify~~National regulatory authorities should verify in consultation with service providers and representative organisations of persons with disabilities, whether the objectives of equivalent access and choice can actually be achieved with~~out such~~ other measures.

Amendment 275 #

Marlene MIZZI, Nicola DANTI, Biljana BORZAN, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 261

(261) In order to ensure that ~~disabled end-user~~end-users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end-users, relevant national authorities should specify, where appropriate and in light of national conditions, consumer protection requirements ~~for disabled end-user~~end-users with disabilities to be met by undertakings providing publicly available electronic communications services. Such requirements can include, in particular, that undertakings ensure that ~~disabled end-user~~end-users with disabilities take advantage of their services on equivalent terms and conditions, including prices, tariffs and quality, as those offered to their other end- users, irrespective of any additional costs incurred by these undertakings. Other requirements can relate to wholesale arrangements between undertakings. ~~In order to avoid creating an excessive burde~~National regulatory authorities should verify in consultation with service providers ~~national regulatory authorities should verify~~and representative organisations of persons with disabilities, whether the objectives of equivalent access and choice can actually be achieved with~~out such~~ other measures.

Amendment 276 #

Proposal for a directive
Recital 261

(261) In order to ensure that ~~disabled end-user~~end-users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end-users, relevant national authorities should specify, where appropriate and in light of national conditions, consumer protection requirements for ~~disabled~~ end-users with disabilities to be met by undertakings providing publicly available electronic communications services. Such requirements can include, in particular, that undertakings ensure that ~~disabled~~ end-users with disabilities take advantage of their services on equivalent terms and conditions, including prices, tariffs and quality, as those offered to their other end- users, irrespective of any additional costs incurred by these undertakings. ~~Other requirements can~~National regulat~~e to wholesale arrangements between undertakings. In order to avoid creating an excessive burden on service providers national regulatory authorities should verify~~ory authorities should verify in consultation with service providers and representative organisations of persons with disabilities, whether the objectives of equivalent access and choice can actually be achieved with~~out such~~ other measures.

Amendment 277 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Recital 262

(262) In addition to the affordability measures for ~~disabled user~~users with disabilities set out in this Directive, Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for ~~disabled user~~users with disabilities of electronic communications services and related consumer terminal equipment. Therefore the corresponding obligation in this Directive that required Member States to encourage the availability of terminal equipment for ~~disabled user~~users with disabilities has become obsolete and should be repealed except for the provision of assistive technologies interoperable with publicly available electronic communication terminal equipment and services, when the latter do not meet the needs of specific groups of persons with disabilities.

Amendment 278 #

Proposal for a directive
Recital 262

(262) In addition to the affordability measures for ~~disabled user~~users with disabilities set out in this Directive, Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for ~~disabled user~~end- users with disabilities of electronic communications services and related consumer terminal equipment. Therefore the corresponding obligation in this Directive that required Member States to encourage the availability of terminal equipment for ~~disabled user~~end- users with disabilities has become obsolete and should be repealed, except for the provision of assistive technologies interoperable with publicly available electronic communication terminal equipment and services, when the latter do not meet the needs of specific groups of persons with disabilities.

Amendment 279 #

Proposal for a directive
Recital 262

(262) In addition to the affordability measures for ~~disabled user~~end-users with disabilities set out in this Directive, Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for ~~disabled user~~end-users with disabilities of electronic communications services and related consumer terminal equipment. Therefore the corresponding obligation in this Directive that required Member States to encourage the availability of terminal equipment for ~~disabled user~~end- users with disabilities has become obsolete and should be repealed, except for the provision of assistive technologies interoperable with publicly available electronic communication terminal equipment and services, when the latter do not meet the needs of specific groups of persons with disabilities.

Amendment 280 #

Proposal for a directive
Recital 262 a (new)

(262a) In case of emergency like a natural disaster or a manmade disaster the electric power supply and the mobile network might be shut down or overloaded. Mobile phones might be the only battery charged means to receive information. Radio is possibly the only remaining tool to inform the public during this time. For this reason the presence of analogue and digital broadcast reception capability should be enabled in all devices and automatically activated in case of emergency. In case of natural or manmade disasters the radio signal shall be turned on automatically on consumer radio equipment

Amendment 281 #

Proposal for a directive
Recital 262 a (new)

(262a) In case of emergency, like natural disasters, the electric power supply as well as the mobile network might be shut down or overloaded. Mobile phones might therefore be the only means to receive information. As result, radio may be the only remaining tool to inform the public. Therefore, it is necessary to enable analogue and digital broadcast reception capabilities in all devices, which will be automatically activated in case of emergency. Moreover, the radio signal should be turned on automatically on consumer radio equipment.

Amendment 282 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 265

Amendment 283 #

Proposal for a directive
Recital 266

(266) It is desirable to enable consumers to achieve the fullest connectivity possible to digital radio and television sets. Interoperability is an evolving concept in dynamic markets. Standards bodies should do their utmost to ensure that appropriate standards evolve along with the technologies concerned. It is likewise important to ensure that connectors are available on digital television sets that are capable of passing all the necessary elements of a digital signal, including the audio and video streams, conditional access information, service information, application program interface (API) information and copy protection information. This Directive should therefore ensure that the functionality associated to and/or implemented in connectors is not limited by network operators, service providers or equipment manufacturers and continue to evolve in line with technological developments. For display and presentation of connected television services, the realisation of a common standard through a market-driven mechanism is recognised as a consumer benefit. Member States and the Commission may take policy initiatives, consistent with the Treaty, to encourage this development. A radio set should be understood as a device whose primary functions include the receiving of radio broadcasts, even when combined with other functions. Purely ancillary receivers should not be deemed as making a device, a radio set. For example, a vehicle headset unit combining a navigation system and radio receiver should be included within this understanding, while a mobile telephone with a FM receiver would not have radio reception as a primary function. Or. en (See Amendment 53 of the Rapporteur)

Amendment 284 #

Proposal for a directive
Recital 266 a (new)

(266a) All consumer equipment enabling the reception of radio and audio signals is to possess the capability to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks. The radio landscape in Europe is very divergent. FM is still the main broadcasting standard for radio. In order to make listeners enjoy radio when travelling across Europe independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals, especially radio receivers and in-car devices shall contain and enable chips for analogue and digital radio reception, and via IP networks. If markets decide to switch from analogue radio to digital, the availability of a multi-standard receiver equipment/environment will save radio stations from losing audience reach. This should not apply to low price and smallest consumer electronics.

Amendment 285 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 266 a (new)

(266a) Radio sets should be capable of receiving radio by analogue and digital broadcasting and/or IP networks in order to ensure that interoperability in the digital age is maintained. This will also improve public safety by allowing listeners to receive information in case of emergency of natural or manmade disaster, as well as traffic information when travelling between Member States, irrespective of the technology used. For this reason the presence of analogue and digital broadcast reception capability should be enabled in all devices and, if technically possible, automatically activated in case of emergency.

Amendment 286 #

Proposal for a directive
Recital 266 a (new)

(266a) Users should enjoy radio services across the Union irrespective of the transmission standards used in the different Member States. Radio sets should therefore be capable of receiving radio by digital broadcasting or IP networks, in order to ensure that interoperability, which currently relies on FM radio, is maintained. This may also improve public safety, by enabling users to access and receive emergency information irrespective of the technology used wherever they are in the Member States.

Amendment 287 #

Proposal for a directive
Recital 266 b (new)

(266b) All consumer equipment enabling the reception of radio and audio signals should be able to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks. The radio landscape in the Union is still heterogeneous, whilst FM still used as the main broadcasting standard for radio. In order to make listeners enjoy radio when travelling across the Union independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals, especially radio receivers, should be able to receive both analogue and digital radio signals, as well as via IP networks. If markets decide to switch from analogue radio to digital, the availability of a multi- standard receiver equipment will save radio stations from losing audience reach.

Amendment 288 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 266 b (new)

Amendment 289 #

Proposal for a directive
Recital 269

(269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘Must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives. In order for these criteria to be met, Member States should ensure that radio and TV broadcasters provide access to the defined channels and related accessibility services or information necessary in a non-discriminatory manner ('must-offer'). Respective entitlements should include on-demand platforms, in particular circumstances, such as where access to the above mentioned content may be restricted by rights holders. Member States should provide an objective justification for the ‘must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision for proportionate remuneration.

Amendment 290 #

Marlene MIZZI, Nicola DANTI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Recital 269

(269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘'Must carry' obligations are a safety net provided in the interest of citizens to safeguard the principles of media pluralism and cultural diversity through ensuring access to a wide range of information and public value content; 'Must carry’' obligations may be applied to specified radio and ~~television broadcast channel~~audiovisual media services and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives of the public, such as media pluralism and cultural diversity and in line with the evolution of media distribution systems, consumer trends and related business models. Member States should provide an objective justification for the ‘'must carry’' obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. ~~The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure.~~ Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision and rules for proportionate remuneration. Any 'must carry' obligation remains independent from, and does not prejudice, the entitlement of holders of copyright or related rights to obtain fair remuneration for the use of their works or protected subject matter on the network concerned.

Amendment 291 #

Andreas SCHWAB, Pascal ARIMONT, Roberta METSOLA, Eva MAYDELL

Proposal for a directive
Recital 269

(269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations,; but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘'Must carry’' obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives, for instance, media pluralism and cultural diversity. Member States should provide an objective justification for the ‘'must carry’' obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. ~~The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure.~~ Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision for proportionate remuneration.

Amendment 292 #

Proposal for a directive
Recital 269

Amendment 293 #

Proposal for a directive
Recital 269

Amendment 294 #

Marlene MIZZI, Nicola DANTI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA

Proposal for a directive
Recital 270

(270) ~~Network~~Must-carry obligations should be applied in a technologically neutral manner taking into account evolving media distribution systems and consumer trends. Electronic communications networks and services used for the distribution of radio or ~~television~~audiovisual media services broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and ~~television broadcast~~audiovisual media services. Must carry obligations ~~can~~should include the transmission of services specifically designed to enable ~~appropriate access by disabled user~~equivalent access by users with disabilities. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of accessible programme-related data s~~upporting those functionalities can~~hould be included in must carry obligations.

Amendment 295 #

Proposal for a directive
Recital 270

(270) Networks used for the distribution of radio or television broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations ~~can~~should include the transmission of services specifically designed to enable ~~appropriate access by disabled user~~equivalent access by users with disabilities. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of accessible programme-related data s~~upporting those functionalities can~~hould be included in must carry obligations.

Amendment 296 #

Proposal for a directive
Recital 270

(270) Networks used for the distribution of radio or television broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations ~~can~~ should include the transmission of services specifically designed to enable ~~appropriate access by disabled user~~equivalent access by users with disabilities. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of accessible programme-related data supporting those functionalities ~~can~~should be included in must carry obligations.

Amendment 297 #

Proposal for a directive
Recital 270

(270) ~~Networks used for the distribution of radio or television broadcast~~Must-carry obligations should be applied in the respect of the principle of technological neutrality taking due account of the rapid evolution of distribution systems and business models affecting the media sector. Electronic communications networks and services used for the distribution of radio or audiovisual media services to the public include cable, IPTV, satellite and terrestrial broadcasting ~~networks~~. They might also include other networks ~~to the extent that~~and services used by a significant number of end- users ~~use such networks as their principal means to receive radio and television broadcast~~to receive radio and audiovisual media services. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations to enable end-users to access connect TV services.

Amendment 298 #

Proposal for a directive
Recital 270

(270) Networks used for the distribution of radio or television broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for ~~end-us~~consumers with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations.

Amendment 299 #

Proposal for a directive
Recital 270

(270) Networks used for the distribution of radio or television broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations.

Amendment 300 #

Andreas SCHWAB, Pascal ARIMONT, Eva MAYDELL

Proposal for a directive
Recital 270

(270) Networks used for the distribution of radio or television broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides, and other navigation facilities, for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations to enable end-users to access the connected TV services, which may include elements such as audiovisual media services, radio and audio services, interactive services including applications, games and voting, clips, text, images and graphics.

Amendment 301 #

Proposal for a directive
Recital 270

(270) ~~Network~~Electronic communications networks and services used for the distribution of radio or television broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks and services to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations.

Amendment 302 #

Lucy ANDERSON

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2

On the other hand, it is to ensure the provision throughout the Union of good- quality, affordable, publicly available services through effective competition and choice, to deal with circumstances in which the needs of end-users, including ~~disabled us~~users with disabilities in order to access the services on an equal basis with others, are not satisfactorily met by the market and to lay down the necessary end- user rights.

Amendment 303 #

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2

Amendment 304 #

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2

On the other hand, it is to ensure the provision throughout the Union of good- quality, affordable, publicly available services through effective competition and choice, to deal with circumstances in which the needs of end-users, including ~~disabled us~~users with disabilities in order to access the services on equal basis with others, are not satisfactorily met by the market and to lay down the necessary end- user rights.

Amendment 305 #

Marlene MIZZI, Nicola DANTI, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2

On the other hand, it is to ensure the provision throughout the Union of good- quality, affordable, publicly available services through effective competition and choice, to deal with circumstances in which the needs of end-users, including ~~disabled user~~access to services on an equal basis with other end- users by users with disabilities, are not satisfactorily met by the market and to lay down the necessary end- user rights.

Amendment 306 #

Proposal for a directive
Article 1 – paragraph 4 a (new)

4a. Where the provisions of this Directive concerning end-users' rights are in conflict with the provisions of Directive (EU) .../...., this Directive shall prevail.

Amendment 307 #

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly ~~or mainly~~ in the conveyance of signals such as transmission services used for the provision of machine- to-machine services and for broadcasting, but excludes interpersonal communication services as defined in paragraph (5) of the present Article, information society services, as defined in article 1 of Directive 98/34/EC, and services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;

Amendment 308 #

Andreas SCHWAB, Pascal ARIMONT, Antonio LÓPEZ-ISTÚRIZ WHITE, Eva MAYDELL

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘electronic communications service’' means a service normally provided for remuneration via publicly available electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly ~~or mainly~~ in the conveyance of signals ~~such as transmission services used for the provision of machine-to-machine services and for broadcasting~~, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;

Amendment 309 #

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for ~~the provision of machine-to-machine services and for~~ broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;

Amendment 310 #

Lambert van NISTELROOIJ, Mihai ŢURCANU

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘'electronic communications service’' means a service normally provided for remuneration via publicly available electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly ~~or mainly~~ in the conveyance of signals, such as transmission ~~service~~of signals used for the provision of machine- to- machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;

Amendment 311 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); ~~it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;~~

Amendment 312 #

Proposal for a directive
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it ~~does not~~ includes services which enable interpersonal and interactive communication ~~merely as a minor~~even as an ancillary feature that is intrinsically linked to another service;

Amendment 313 #

Proposal for a directive
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); interpersonal communications services include two-way communication services supporting voice, video and real time text communication singly or in any combination, and through text relay and video relay services, it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;

Amendment 314 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Antanas GUOGA, Sabine VERHEYEN

Proposal for a directive
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’' means a service normally provided for remuneration ~~that~~where the principal purpose of the service is devoted to enablesing direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); ~~it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;~~

Amendment 315 #

Proposal for a directive
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’' means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons(s) initiating or participating in the communication determine its recipient(s)~~; i~~. It is the nature of such a service that it is bidirectional. It does not include services which enable interpersonal and interactive communication ~~mere~~only as a minor ancillary feature ~~that is intrinsically linked to another service;~~.

Amendment 316 #

Proposal for a directive
Article 2 – paragraph 1 – point 6

(6) ‘number-based interpersonal communications service’ means an interpersonal communications service which connects with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans and where the provider of the service has substantial control over the network used for enabling the communication ;

Amendment 317 #

Proposal for a directive
Article 2 – paragraph 1 – point 7

Amendment 318 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ, Lucy ANDERSON

Proposal for a directive
Article 2 – paragraph 1 – point 21

(21) ‘call’ means a connection established by means of a publicly available interpersonal communications service allowing two-way voice communication, through voice, video and/or real time text and through text relay and video relay services;

Amendment 319 #

Proposal for a directive
Article 2 – paragraph 1 – point 21

(21) ‘call’ means a connection established by means of a publicly available interpersonal communications service allowing two-way voice communication through voice, video and/or real time text and through text relay and video relay services;

Amendment 320 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Antanas GUOGA, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a directive
Article 2 – paragraph 1 – point 21

(21) ‘call’ means a connection established by means of a publicly available interpersonal communications service allowing two-way voice communication; through voice, video and/or real time text and through text and video relay services.

Amendment 321 #

Proposal for a directive
Article 2 – paragraph 1 – point 32

(32) voice communications’' means an electronic communications service made available to the public for originating and receiving, directly or indirectly, national or national and international calls through a number or numbers in a national ~~or international~~ telephone numbering plan;

Amendment 322 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 2 – paragraph 1 – point 32

(32) ~~voice~~Two-way communications’ means a service made available to the public for originating and receiving, directly or indirectly, national or national and international calls ~~through a number or numbers in a national or international telephone numbering plan;~~ supporting voice, video and real time text communication solely or in any combination, through a number or numbers in a national or international telephone numbering plan and through text relay and video based relay services; (Horizontal amendment: voice communications should be replaced throughout the text with two-way communications)

Amendment 323 #

Proposal for a directive
Article 2 – paragraph 1 – point 32

(32) ~~voice~~conversational communications’ means a service made available to the public for originating and receiving, directly or indirectly, national or national and international calls supporting voice, video and real time text communication singly or in any combination, and through text relay and video relay services, through a number or numbers in a national or international telephone numbering plan;

Amendment 324 #

Proposal for a directive
Article 2 – paragraph 1 – point 32 a (new)

(32a) Conversational communications' means a service made available to the public for originating and receiving, directly or indirectly, national or national and international calls supporting voice, video and real time text communication singly or in any combination, and through text relay and video relay services, through a number or numbers in a national or international telephone numbering plan;

Amendment 325 #

Proposal for a directive
Article 2 – paragraph 1 – point 35 a (new)

(35a) Relay services mean telephone services operated by interpreters that enable people who are deaf or hard of hearing or who have a speech impairment, to communicate by phone through an interpreter using text or sign language with a person who can hear in a manner that is "functionally equivalent" to the ability of an individual without a disability;

Amendment 326 #

Proposal for a directive
Article 2 – paragraph 1 – point 35 a (new)

(35a) Relay services means telephone services operated by interpreters that enable people who are deaf or hard of hearing or who have a speech impairment, to communicate by phone through an interpreter using text or sign language with a person who can hear in a manner that is "functionally equivalent" to the ability of an individual without a disability.

Amendment 327 #

Proposal for a directive
Article 2 – paragraph 1 – point 35 b (new)

(35b) Real time text means communication using the transmission of text where characters are transmitted by a terminal as they are typed in such a way that the communication is perceived by the user as being continuous;

Amendment 328 #

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

(36a) Real time text means communication using the transmission of text where characters are transmitted by a terminal as they are typed in such a way that the communication is perceived by the user as being continuous;

Amendment 329 #

Proposal for a directive
Article 2 – paragraph 1 – point 37

(37) ‘'emergency communication’': communication by means of voice communication services and relevant number-based interpersonal communications services between an end- user and the PSAP with the goal to request and receive emergency relief from emergency services; Or. en (See Amendment 61 of the Rapporteur)

Amendment 330 #

Marlene MIZZI, Nicola DANTI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

Amendment 331 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The national regulatory and other competent authorities as well as BEREC shall pursue each of the general objectives below. The expression of the list in the order form (a) to (d) does not constitute a ranking of the general objectives:

Amendment 332 #

Marlene MIZZI, Nicola DANTI, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ, Lucy ANDERSON

Proposal for a directive
Article 3 – paragraph 2 – point a

(a) promote ~~access to, and take-up of,~~the availability and affordability of and access to very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;

Amendment 333 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 3 – paragraph 2 – point b

(b) promote competition in the provision of electronic communications networks, services and associated facilities, including efficient infrastructure-based competition, and in the provision of electronic communications services and associated services;

Amendment 334 #

Proposal for a directive
Article 3 – paragraph 2 – point c

Amendment 335 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Olga SEHNALOVÁ, Lucy ANDERSON

Proposal for a directive
Article 3 – paragraph 2 – point d

(d) promote the interests of the citizens of the Union, cultural diversity and media pluralism and including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services including through video, real time text, and relay services for end-users with disabilities, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high ~~and common level of protec~~level of consumer protection through minimum harmonisation for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 336 #

Proposal for a directive
Article 3 – paragraph 2 – point d

(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, including through voice, video, real time text, and relay services for end-users with disabilities, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular ~~disabled user~~users with disabilities, elderly users and users with special social needs.

Amendment 337 #

Proposal for a directive
Article 3 – paragraph 2 – point d

(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services including through voice, video, real time text and relay services for end-users with disabilities, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular ~~disabled user~~users with disabilities, elderly users and users with special social needs.

Amendment 338 #

Lucy ANDERSON

Proposal for a directive
Article 3 – paragraph 3 – point f

Amendment 339 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 5 a (new)

– monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity;

Amendment 340 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6

– ensuring consumer protection and end-user rights in the electronic communications sector, including equal access and choice for end-users with disabilities;

Amendment 341 #

Marlene MIZZI, Nicola DANTI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6

– ensuring consumer protection and end-user rights in the electronic communications sector, including equal access and choice for end-users with disabilities;

Amendment 342 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6

– ensuring consumer protection and end-user rights in the electronic communications sector, including equal access and choice for end-users with disabilities;

Amendment 343 #

Proposal for a directive
Article 12 – paragraph 2

2. The provision of electronic communications networks or the provision of electronic communications services ~~other than number-independent interpersonal communications services~~ may, without prejudice to the specific obligations referred to in Article 13(2) or rights of use referred to in Articles 46 and 88, only be subject to a general authorisation.

Amendment 344 #

Proposal for a directive
Article 12 – paragraph 4 – subparagraph 2 a (new)

Member States shall ensure that the taking up and pursuit of the activity of a number-independent communications service provider may not be made subject to prior authorisation or any other requirement having equivalent effect.

Amendment 345 #

Proposal for a directive
Article 12 – paragraph 4 – subparagraph 2 b (new)

Where an undertaking provides electronic communication services, other than number-independent interpersonal communication services, in more than one Member state, the general authorisation shall be granted by the national regulatory authority of the Member state indicated in the single notification as the provider's main establishment in the EU. This national regulatory authority shall attach to the General authorisation the specific conditions necessary in order to ensure compliance in particular with all the relevant Union and national rules related to the provision of electronic communication services applicable in the Member States where the services are provided. In case of a demonstrated breach of the relevant rules or upon request from another national regulatory authority than the one that granted the authorisation, the national regulatory authority that granted the authorisation, shall enforce the conditions attached under subparagraph 1 in accordance with Article 30, including in serious cases by withdrawing the General authorisation granted to the undertaking concerned. BEREC shall timely assess the validity of the General authorisation granted and facilitate and coordinate the exchange of information between the national regulatory authorities of the different Member States involved and ensure the appropriate coordination of work among them, and shall take decision in case of unresolved disputes.

Amendment 346 #

Proposal for a directive
Article 18 – paragraph 2 a (new)

2a. Where an undertaking provides electronic communication services, other than number-independent interpersonal communication services, in more than one Member State, any amendment to the general authorisation by the Member State that has granted the general authorisation shall be notified to BEREC and the Member states concerned.

Amendment 347 #

Proposal for a directive
Article 20 – paragraph 3

3. Where information is considered confidential by a national regulatory or other competent authority in accordance with Union and national rules on business confidentiality or the protection of personal data, the Commission, BEREC and the authorities concerned shall ensure such confidentiality. In accordance with the principle of sincere cooperation, national regulatory authorities and other competent authorities shall not deny the provision of the requested information to the Commission, to BEREC or to another authority on the grounds of confidentiality or the need to consult with the parties which provided the information. When confidential information is shared with the Commission, BEREC or a competent authority undertake to respect the confidentiality of information identified as such by the authority holding it, the latter shall share the information on request for the identified purpose without having to further consult the parties who provided the informatiovia the national regulatory authority, the latter shall promptly inform the undertakings whose information is shared thereof. This will include at least what information has been shared with whom and when.

Amendment 348 #

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – introductory part

Amendment 349 #

Proposal for a directive
Article 21 – paragraph 4 a (new)

4a. Without prejudice to information and reporting obligations for rights of use and for the specific obligations, where an undertaking provides electronic communication services, other than number-independent interpersonal communication services, in more than one Member state, under a general authorisation, only the regulatory authority that has granted the general authorisation in accordance with article 12 may request information as referred to in paragraph 1. National regulatory authorities of other Member states concerned may request information to the national regulatory authority responsible or to BEREC. BEREC shall facilitate the coordination and exchange of information between national regulatory authorities, through the exchange of information established pursuant to Article 30 of Regulation [xxxx/xxxx/EC (BEREC Regulation)

Amendment 350 #

Proposal for a directive
Article 22 – paragraph 1

1. National regulatory authorities shall conduct a geographical survey of the reach of electronic communications networks capable of delivering broadband ("broadband networks") within three years from [deadline for transposition of the Directive] and shall update it at least every three years . This geographical survey shall consist of: (a) reach of broadband networks within their territory, in particular for conducting the tasks required by Articles 62 and 65 and by Article 81, as well as for imposing obligations in accordance with Article 66 and for the surveys required for the application of State aid rules; and (b) of broadband networks within their territory, relying on the information gathered in accordance with point (a), where this is available and relevant. This forecast shall reflect the economic prospects of the electronic communications networks sector and investment intentions of operators at the time when the data is gathered, in order to allow the identification of available connectivity in different areas. This forecast shall include information on planned deployments by any undertaking or public authority, in particular to include very high capacity networks and significant upgrades or extensions of legacy broadband networks to at least the performance of next-generation access networks. For this purpose, national regulatory authorities shall request undertakings to provide relevant information regarding planned deployments of such networks. The information collected in the survey shall be at an appropriate level of local detail and shall include sufficient information on the quality of service and parameters thereof.deleted a survey of the current geographic a three-year forecast of the reach

Amendment 351 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1

~~a three-year forecast of the reach of broadband networks within their territory, relying on the information gathered in accordance with point (a), where this is available and relevant.~~deleted

Amendment 352 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2

Amendment 353 #

Proposal for a directive
Article 22 – paragraph 2

Amendment 354 #

Proposal for a directive
Article 22 – paragraph 6

6. National regulatory authorities ~~may~~shall make available information tools to end- users, in order to assist them to determine the availability of connectivity in different areas, with a level of detail which is useful to support their choice in terms of connectivity services, in line with national regulatory authority´s obligations regarding the protection of confidential information and business secrets.

Amendment 355 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1

Member States shall ensure as far as appropriate that national regulatory authorities take account of the views of end-users, consumers (including, in particular, ~~disabled consumer~~consumers with disabilities), manufacturers and undertakings that provide electronic communications networks and/or services, as well as their representative organisations, on issues related to all end-user and consumer rights, including equivalent access and choice for end-users with disabilities, concerning publicly available electronic communications services, in particular where they have a significant impact on the market.

Amendment 356 #

Marlene MIZZI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1

Member States shall ensure ~~as far as appropriate~~ that national regulatory authorities take account of the views of end-users, consumers (including, in particular, ~~disabled consumers)~~consumers with disabilities, manufacturers and undertakings that provide electronic communications networks and/or services, as well as their representative organisations, on issues related to all end-user and consumer rights, including equivalent access and choice for end-users with disabilities, concerning publicly available electronic communications services, in particular where they have a significant impact on the market.

Amendment 357 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1

Member States shall ensure as far as appropriate that national regulatory authorities take account of the views of end-users, consumers (including, in particular, ~~disabled consumer~~consumers with disabilities), manufacturers and undertakings that provide electronic communications networks and/or services on issues related to all end-user and consumer rights, including equivalent access and choice for end-users with disabilities, concerning publicly available electronic communications services, in particular where they have a significant impact on the market.

Amendment 358 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 2

In particular, Member States shall ensure that national regulatory authorities establish a consultation mechanism, accessible for persons with disabilities, ensuring that in their decisions on issues related to end-user and consumer rights concerning publicly available electronic communications services, due consideration is given to consumer interests in electronic communications.

Amendment 359 #

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 2

Amendment 360 #

Marlene MIZZI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA

Proposal for a directive
Article 24 – paragraph 3

3. Without prejudice to national rules in conformity with Union law promoting cultural and media policy objectives, such as cultural and linguistic diversity and media pluralism, national regulatory authorities and other relevant authorities may promote cooperation between undertakings providing electronic communications networks and/or services and sectors interested in the promotion of lawful content in electronic communications networks and services. That cooperation ~~may~~shall also include coordination of the public interest information to be provided pursuant to Article 96(3) and Article 95(1).

Amendment 361 #

Proposal for a directive
Article 25 – paragraph 1

1. Member States shall ensure that consumers, including persons with disabilities have access to transparent, non- discriminatory, simple, fast, fair and inexpensive out-of-court procedures for their unresolved disputes with undertakings providing publicly available electronic communications ~~services other than number-independent interpersonal communications~~networks and services, arising under this Directive and relating to the contractual conditions and/or performance of contracts concerning the supply of those networks and/or services. Providers of publicly available electronic communications networks and services shall not refuse consumer's request to resolve a dispute with the consumer through an out-of-court dispute resolution on the basis of clear and efficient procedures and guidelines. Member States shall enable the national regulatory authority to act as a dispute settlement entity. Such procedures shall comply with the quality requirements set out in Chapter II of Directive 2013/11/EU. Member States may grant access to such procedures to other end-users, in particular micro and small enterprises.

Amendment 362 #

Proposal for a directive
Article 25 – paragraph 1

Amendment 363 #

Proposal for a directive
Article 25 – paragraph 1

1. Member States shall ensure that consumers have access to transparent, non- discriminatory, simple, fast, fair and inexpensive out-of-court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services, arising under this Directive and relating to the contractual conditions and/or performance of contracts concerning the supply of those networks and/or services. Member States shall enable the competent national regulatory authority to act as a dispute settlement entity and shall ensure that the same dispute cannot be ruled on by two different competent authorities. Such procedures shall comply with the quality requirements set out in Chapter II of Directive 2013/11/EU. ~~Member States may grant access to such procedures to other end-users, in particular micro and small enterprises.~~

Amendment 364 #

Proposal for a directive
Article 25 – paragraph 1

1. Member States shall ensure that consumers have access to transparent, non- discriminatory, simple, fast, fair, accessible for persons with disabilities, and inexpensive out-of-court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services, arising under this Directive and relating to the contractual conditions and/or performance of contracts concerning the supply of those networks and/or services. Member States shall enable the national regulatory authority to act as a dispute settlement entity. Such procedures shall comply with the quality requirements set out in Chapter II of Directive 2013/11/EU. Member States may grant access to such procedures to other end-users, in particular micro and small enterprises.

Amendment 365 #

Proposal for a directive
Article 25 – paragraph 1

1. Member States shall ensure that consumers have access to transparent, non- discriminatory, simple, fast, fair, accessible for persons with disabilities and inexpensive out-of-court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services, arising under this Directive and relating to the contractual conditions and/or performance of contracts concerning the supply of those networks and/or services. Member States shall enable the national regulatory authority to act as a dispute settlement entity. Such procedures shall comply with the quality requirements set out in Chapter II of Directive 2013/11/EU. Member States may grant access to such procedures to other end-users, in particular micro and small enterprises.

Amendment 366 #

Proposal for a directive
Article 26 – paragraph 1

1. In the event of a dispute arising in connection with existing obligations under this Directive between undertakings providing electronic communications networks or services in a Member State, or between such undertakings and other undertakings in the Member State benefiting from obligations of access and/or interconnection or between undertakings providing electronic communications networks or services in a Member State and providers of associated facilities, the national regulatory authority concerned shall, at the request of either party, and without prejudice to paragraph 2, issue a binding decision to resolve the dispute in the shortest possible time frame on the basis of clear and efficient procedures and guidelines and in any case within four months, except in exceptional circumstances. The Member State concerned shall require that all parties cooperate fully with the national regulatory authority.

Amendment 367 #

Proposal for a directive
Article 26 – paragraph 2

2. Member States may make provision for national regulatory authorities to decline to resolve a dispute through a binding decision where other mechanisms, including mediation, exist and would better contribute to resolution of the dispute in a timely manner in accordance with Article 3. The national regulatory authority shall inform the parties without delay. If after four months the dispute is not resolved, and if the dispute has not been brought before the courts by the party seeking redress, the national regulatory authority shall issue, at the request of either party, a binding decision to resolve the dispute in the shortest possible time frame and in any case within ~~four~~three months.

Amendment 368 #

Proposal for a directive
Article 30 – paragraph 2

2. Where a national competent authority finds that an undertaking does not comply with one or more of the conditions of the general authorisation or of rights of use, or with the specific obligations referred to in Article 13(2), it shall notify the undertaking of those findings and give the undertaking the opportunity to state its views, within a reasonable time limit, but within no more than three months.

Amendment 369 #

Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – point a

(a) promote the development of the internal market ~~as well as competition~~ and maximise the benefits for the consumer, and overall achieve the objectives and principles set in Articles 3 and 45(2),

Amendment 370 #

Proposal for a directive
Article 38 – paragraph 3 – point b

(b) numbering, including number ranges, portability of numbers and identifiers, number and address translation systems, ~~and access to 112 emergency servic~~interoperability of Total Conversation services and access to 112 emergency services, including for persons with disabilities.

Amendment 371 #

Proposal for a directive
Article 38 – paragraph 3 – point b

Amendment 372 #

Marlene MIZZI, Virginie ROZIÈRE, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Sergio GUTIÉRREZ PRIETO, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 38 – paragraph 3 – point b

(b) numbering, including number ranges, portability of numbers and identifiers, number and address translation systems, ~~and access to 112 emergency servic~~interoperability of total conversation services and access to 112 emergency services, including for persons with disabilities.

Amendment 373 #

Proposal for a directive
Article 39 – paragraph 2 – subparagraph 1

Member States shall encourage the use of the standards and/or specifications referred to in paragraph 1, for the provision of services, technical interfaces and/or network functions, to the extent strictly necessary to ensure interoperability and interconnectivity of services ~~and~~in order to improve freedom of choice for users and facilitate switching.

Amendment 374 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 39 – paragraph 2 – subparagraph 4

Where international standards exist, Member States shall encourage the European standards organisations to use them, or the relevant parts of them, as a basis for the standards they develop, except where such international standards or relevant parts would be ineffective.deleted

Amendment 375 #

Proposal for a directive
Article 39 – paragraph 3

3. If the standards and/or specifications referred to in paragraph 1 have not been adequately implemented so that interoperability of services in one or more Member States cannot be ensured, the implementation of such standards and/or specifications may be made compulsory and free of charge under the procedure laid down in paragraph 4, to the extent strictly necessary to ensure such interoperability and to improve freedom of choice for users.

Amendment 376 #

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these baseline measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services. For the purpose of this article, services which otherwise qualify as publicly available electronic communication services but that also meet the definition of Digital Service Provider under Directive 2016/1148 should be subject solely to Directive 2016/1148.

Amendment 377 #

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to ensure that, whenever technically feasible, electronic communications content is encrypted from end-to-end by default, in order to prevent and minimise the impact of security incidents on users and on other networks and services.

Amendment 378 #

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to ensure that electronic communications content are encrypted from end-to-end by default, in order to prevent and minimise the impact of security incidents on users and on other networks and services.

Amendment 379 #

Proposal for a directive
Article 40 – paragraph 1

Amendment 380 #

Proposal for a directive
Article 40 – paragraph 1 a (new)

1a. Member States shall not impose any obligation on providers of public communications networks or publicly available electronic communications services that would result in a weakening of the security of their networks or services. Where Member States impose additional security requirements on providers of public communications networks or publicly available electronic communications services in more than one Member State, they shall notify these measures to the Commission and ENISA. ENISA shall assist Member States in coordinating the measures taken to avoid duplication or diverging requirements that may create security risks and barriers to the internal market.

Amendment 381 #

Andreas SCHWAB, Lambert van NISTELROOIJ

Proposal for a directive
Article 40 – paragraph 1 a (new)

1a. Member States shall not impose any obligation to undertakings providing public communications networks or publicly available electronic communications services that would result in the weakening of the security of their networks and services.

Amendment 382 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 1

Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a ~~breach of security~~security incident that has had a significant impact on the operation of networks or services. Providers of number-independent interpersonal communications services and providers of electronic communication services subject to general authorization that have notified as cross- border operators shall only have to notify the competent authority of the Member State of their main establishment.

Amendment 383 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 1

Amendment 384 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 1

Amendment 385 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point a

(a) the number of customers affected by the breach;

Amendment 386 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point a

(a) the number of users affected by the ~~breach~~incident;

Amendment 387 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point b

(b) the duration of the ~~breach~~incident;

Amendment 388 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point c

Amendment 389 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point d

(d) the extent to which the functioning of the network or service is ~~disrup~~affected;

Amendment 390 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 3

Where appropriate, the ~~competent~~ authority concerned shall inform the competent authorities in other Member States and the European Network and Information Security Agency (ENISA). The competent authority concerned may inform the public or require the undertakings to do so, where it determines that disclosure of the ~~breach~~incident is in the public interest. Prior to informing the public, the competent authority is required to consult the undertakings.

Amendment 391 #

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 3

Amendment 392 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 4 a (new)

Member States shall ensure that in case of a particular security breach in public communication networks or publicly available electronic communication services, providers of such networks or services shall inform their end-users of the security breach, potential risks and of any possible protective measures or remedies which can be taken by the end- users.

Amendment 393 #

Proposal for a directive
Article 40 – paragraph 5

5. The Commission, shall be empowered to adopt delegated acts in accordance with Article 109 with a view to specifying the measures referred to in paragraphs 1 and 2, including measures defining the circumstances, format and procedures applicable to notification requirements. The delegated acts shall be based on European and international standards to the greatest extent possible, ~~and shall not p~~Member States shall only adopt additional requirevment ~~Member States from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2~~s to the extent necessary to safeguard their essential state functions, in particular national security, and to maintain law and order. Providers of number-independent interpersonal communications services and providers of electronic communication services subject to general authorization that have notified as cross-border operators shall only have to comply with any additional national requirements as imposed by the competent authority of the member State of their main establishment.

Amendment 394 #

Proposal for a directive
Article 40 – paragraph 5

5. The Commission, shall be empowered to adopt delegated acts in accordance with Article 109 with a view to specifying the measures referred to in paragraphs 1 and 2, including measures defining the circumstances, format and procedures applicable to notification requirements. The delegated acts shall be based on European and international standards to the greatest extent possible~~, and shall not prevent Member States from adopting addi~~. Without prejudice to Article 1(6) of Directive (EU) 2016/1148, Member States shall not impose any further security or notificational requirements ion orunder ~~to pursue the objective~~takings providing public communications snet ~~out in paragraphs 1 and 2~~works or publicly available electronic communications services.

Amendment 395 #

Proposal for a directive
Article 40 – paragraph 5 a (new)

5a. By ...[date] in order to contribute to the consistent application of measures for the security of networks and services, ENISA, shall, after consulting stakeholders and in close cooperation with the Commission and BEREC, issue guidelines on minimum criteria and common approaches for the security of networks and services and for the use and application of end-to-end encryption.

Amendment 396 #

Proposal for a directive
Article 40 – paragraph 5 a (new)

5a. By ...[date] in order to contribute to the consistent application of measures for the security of networks and services, ENISA, shall, after consulting stakeholders and in close cooperation with the Commission and BEREC issue guidelines on minimum criteria and common approaches for the security of networks and services and the promotion of the use of end-to-end encryption.

Amendment 397 #

Andreas SCHWAB, Lambert van NISTELROOIJ

Proposal for a directive
Article 41 – paragraph 1

Amendment 398 #

Proposal for a directive
Article 41 – paragraph 1

1. Member States shall ensure that in order to implement Article 40, the competent authorities have the power to issue binding instructions, including those regarding the measures required to remedy a breach and time-limits for implementation, to undertakings providing public communications networks or publicly available electronic communications services. For providers of number-independent interpersonal communications services and providers of electronic communication services subject to general authorization that have notified as cross-border operators, the competent authority shall be that of the Member State of main establishment.

Amendment 399 #

Proposal for a directive
Article 41 – paragraph 1

Amendment 400 #

Proposal for a directive
Article 41 – paragraph 2 – introductory part

2. Member States shall ensure that competent authorities have the power to require undertakings providing public communications networks or, publicly available ~~electron~~voice communications services or publicly available Internet Access Services to:

Amendment 401 #

Proposal for a directive
Article 41 – paragraph 2 – point b

(b) for undertakings providing electronic communications networks, submit to a security audit carried out by a qualified independent body or a competent authority and make the results thereof available to the competent authority. The cost of the audit shall be paid by the undertaking.

Amendment 402 #

Proposal for a directive
Article 41 – paragraph 2 – point b

(b) submit to a security audit carried out by a ~~qualified independent body or a competent authorit~~n internal or qualified external body and make the results thereof available to the competent authority. The cost of the audit shall be paid by the undertaking.

Amendment 403 #

Proposal for a directive
Article 41 – paragraph 2 – point b a (new)

(ba) for undertakings providing publicly available electronic communications services, remedy any failure to meet the requirements laid down in article 40.

Amendment 404 #

Proposal for a directive
Article 41 – paragraph 2 a (new)

2a. Following the assessment of information or results of security audits referred to in paragraph 2, the competent authority may issue binding instructions to the undertakings providing public communications networks, to remedy the deficiencies identified, including those regarding the measures required to remedy a breach and time-limits for implementation.

Amendment 405 #

Proposal for a directive
Article 41 – paragraph 2 b (new)

2b. Following the assessment of the application of paragraph 2, the competent authorities may take action, if necessary, through ex post supervisory measures, when provided with evidence that an undertaking providing publicly available communication services does not meet the requirements laid down in Article 40. Such evidence may be submitted by a competent authority of another Member State where the service is provided.

Amendment 406 #

Proposal for a directive
Article 41 – paragraph 2 c (new)

2c. If an undertaking providing publicly available communication services has its main establishment or a representative in a Member State, but its network and information systems are located in one or more other Member States, the competent authority of the Member State of the main establishment or of the representative and the competent authorities of those other Member States shall cooperate and assist each other as necessary. Such assistance and cooperation may cover information exchanges between the competent authorities concerned and requests to take the supervisory measures referred to in paragraph 2b.

Amendment 407 #

Proposal for a directive
Article 41 – paragraph 3 a (new)

3a. The competent authority shall work in close cooperation with data protection authorities when addressing incidents resulting in personal data breaches.

Amendment 408 #

Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2

Where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or ~~end-~~user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to Article 12, to obligations regarding ~~end-~~users rights pursuant to Title III of Part III of this Directive ~~nor~~, to obligations to interconnect their networks pursuant to Article 59 (1) nor to an obligation to identify third parties using such access. Individuals providing such access not-for-profit shall not be liable for information transmitted by third parties over such access.

Amendment 409 #

Proposal for a directive
Article 55 – paragraph 2

2. Competent authorities ~~shall~~may not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation ~~conditions and the prior informed agreement of the end-user~~to the prior informed and explicit agreement of the end-user and to the condition that the bandwidth contracted by the end-user shall not be impacted/reduced. End-users that agree to make available publicly available radio local area networks deliver through their terminal equipment and/or that use the electronic communication service they are a subscriber of, shall never be deemed liable for any activity undertaking by another person or legal entity connected through the radio local area network.

Amendment 410 #

Proposal for a directive
Article 55 – paragraph 2

Amendment 411 #

Proposal for a directive
Article 55 – paragraph 3 a (new)

3a. In line, in particular, with recital (19) of Directive 2014/53/EU of the European Parliament and of the Council, manufacturers of radio equipment are exempted from demonstrating the compliance of the combination of the radio equipment and software, where such software may be freely used, studied, modified and distributed, even after been modified, by anyone. These manufacturers shall not restrict the rights of users to load such software into their radio equipment.

Amendment 412 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of ~~services~~Internet Access, number-based Interpersonal Communications Services and of electronic Communication Networks, , exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed. They shall ensure that interoperability obligations remain proportionate and do not hinder the innovation potential of ECS providers that invest in the development of new technologies.

Amendment 413 #

Marlene MIZZI, Virginie ROZIÈRE, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, including total conversation services, exercising their responsibility in a way that promotes efficiency, sustainable competition, ~~the deployment of very high capacity networks,~~ efficient investment and innovation, media pluralism, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed among other remedies.

Amendment 414 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, including total conversation services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

Amendment 415 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point b

(b) in justified cases and to the extent that is necessary, obligations on those undertakings that are subject to general authorisation and that control access to end-users ~~to make their services interoperable;~~ including services that connect with the publicly switched telephone network by means of an assigned numbering resources or that enable communications with a number or numbers in national or international telephone numbering plan to make their services interoperable including for real time text and video calls;

Amendment 416 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point b

(b) in justified cases and to the extent that is necessary, obligations ~~on those undertakings that are subject to general authorisation and that control access to end-users to make their service~~to make services that connect with the publicly switched telephone network by means of an assigned numbering resource or that enable communication with a number or numbers in national or international telephone numbering plans interoperable;

Amendment 417 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point b

(b) in justified cases and to the extent that is necessary, obligations on those undertakings that are subject to general authorisation and that control access to end-users to make their services interoperable, including for real time text and video calls;

Amendment 418 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c

(c) in justified cases, obligations on providers of ~~number-independent~~ interpersonal communications services to make their services interoperable, ~~namely~~in particular where access to emergency services or end-to-end connectivity between end-users is endangered due to a lack of interoperability between interpersonal communications services.

Amendment 419 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c

(c) in justified cases, and where technically feasible, obligations on providers of ~~number-independent~~ interpersonal communications services to make their services interoperable, namely where effective competition, access to emergency services or end-to-end connectivity between end- users is endangered due to a lack of interoperability between interpersonal communications services.

Amendment 420 #

Marlene MIZZI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d

(d) to the extent that is necessary to ensure accessibility for end-users ~~to digital radio and television broadcasting~~, including for end-users with disabilities, to digital radio and audiovisual media services as well as related complementary services specified by the Member State, obligations on operators to provide access to the other facilities and to provide access to radio and audio or audiovisual media services referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.

Amendment 421 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d

(d) to the extent that is necessary to ensure accessibility for end-users, including for end-users with disabilities, to digital radio and television broadcasting services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non- discriminatory terms.

Amendment 422 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d

(d) to the extent that is necessary to ensure accessibility for end-users to digital radio and ~~television broadcasting~~audiovisual media services as well as related complementary services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.

Amendment 423 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d a (new)

(da) to the extent that it is necessary obligations on devices, graphical users interfaces and operating systems to provide non-discriminatory access to radio and their ancillary audio or audio- visual media services specified by the Member States, as stated in Annex II part II.

Amendment 424 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d a (new)

(da) obligations on devices, graphical user interfaces and operating systems to provide non-discriminatory access to radio and their ancillary audio or audio- visual media services specified by the Member States, as stated in Annex II part II.

Amendment 425 #

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 3 – point ii

(ii) where the Commission, on the basis of a report that it had requested from BEREC, has found an appreciable threat to effective access to emergency services or to end-to-end connectivity between end- users, related to a lack of interoperability of number-independent interpersonal communication services with a particularly broad customer base, within one or several Member States or throughout the European Union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed, in accordance with the examination procedure referred to in Article 110(4). Access to emergency services or end-to- end connectivity between end-users will not be considered endangered if the provider does not have a particularly substantial reach or customer base.

Amendment 426 #

Proposal for a directive
Article 60 – paragraph 4

4. Conditions applied in accordance with this Article are without prejudice to the ability of Member States to impose obligations in relation to the presentational aspect of electronic programme guides, graphical user interfaces and similar listing and navigation facilities.

Amendment 427 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 60 – paragraph 4

4. Conditions applied in accordance with this Article and Article 59 are without prejudice to the ability of Member States to impose obligations in relation to the presentational aspect of electronic programme guides and ~~simila~~other listing and navigation facilities.

Amendment 428 #

Proposal for a directive
Article 63 – paragraph 1

1. After consulting stakeholders and ~~in close cooperation with the Commission, BEREC may adopt a Decision identifying transnational markets~~national regulatory authorities the Commission may, taking utmost into account the opinion of BEREC and proceeding in accordance with the principles of competition law and taking utmost account of the Recommendation and SMP Guidelines adopted in accordance with Article 62. BEREC shall conduct an analysis of a potential transnational market if the Commission or at least two national regulatory authorities concerned submit a reasoned request providing supporting evidence, adopt a Decision identifying a transnational market.

Amendment 429 #

Proposal for a directive
Article 63 – paragraph 2 – subparagraph 1

In the case of transnational markets identified in ~~accordance with~~the Decision referred to in paragraph 1, the national regulatory authorities concerned shall jointly conduct the market analysis taking the utmost account of the SMP Guidelines and, in a concerted fashion, shall decide on any imposition, maintenance, amendment or withdrawal of regulatory obligations referred to in Article 65(4). The national regulatory authorities concerned shall jointly notify to the Commission with their draft measures regarding the market analysis and any regulatory obligations pursuant to Articles 32 and 33.

Amendment 430 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a

(a) to give third parties access to specified network elements and/or facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop; under transparent and regulated tariff conditions, which at least make it possible to reproduce the tariffs of the retail offers of the regulated operator;

Amendment 431 #

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point f

(f) to provide specified services needed to ensure interoperability of end-to- end services to users~~, including facilities for software emulated networks~~ or roaming on mobile networks;

Amendment 432 #

Proposal for a directive
Article 71 – paragraph 2 – point c

(c) the ~~feasibility of providing the access proposed, in relation to the capacity available~~long-term efficiency of land- use planning, in relation to a harmonious economic development in the territories concerned;

Amendment 433 #

Proposal for a directive
Article 71 – paragraph 2 – point d

(d) the ~~initial investment by the facility owner,~~ need to maintaking a~~ccount of any public investm~~n opent ma~~de and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity network~~rket, enabling new entrants to operate in reasonable and equitable economic conditions;

Amendment 434 #

Proposal for a directive
Article 71 – paragraph 2 – point e

(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition and to ~~sustainable competition~~the need to support innovation on commercial business models which support sustainable competition as an alternative to ex-ante regulation. One particular case would be those based on co-investment in networks;

Amendment 435 #

Proposal for a directive
Article 71 – paragraph 3 a (new)

3a. A national regulatory authority shall not impose obligations in accordance with Articles 66 and Articles 67 to 72 if the concerned operator provide commercial wholesale access offers on terms that favour competition in the long term by including, inter alia, fair and reasonable terms for the sharing of risk and flexibility in terms of the value and timing of the commitment provided by each access seeker as well as the possibility to increase such commitment in the future.

Amendment 436 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2

In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to the deployment and take-up of next-generation networks, and in particular of very high capacity networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.

Amendment 437 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2

In determining whether or not price control obligations would be appropriate, national regulatory authorities shall ~~take into account~~promote long- term end-user interests related to investment in the deployment and take-up of next-generation networks, and in particular of very high capacity networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.

Amendment 438 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 3

National regulatory authorities shall not impose or maintain obligations pursuant to this Article, for new network elements where their deployment contributes to the availability of very-high capacity networks, or where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective ~~and~~ non discriminat~~ory~~ion of access.

Amendment 439 #

Proposal for a directive
Article 72 – paragraph 1 – subparagraph 4 a (new)

In particular, to encourage investment by the operator, national regulatory authorities shall not impose obligations for cost orientation of access prices on very high capacity networks.

Amendment 440 #

Proposal for a directive
Article 72 – paragraph 3

Amendment 441 #

Proposal for a directive
Article 72 – paragraph 4

4. National regulatory authorities shall ensure that, where implementation of a cost accounting system is mandated in order to support price controls, a description of the cost accounting system is made publicly available, showing at least the main categories under which costs are grouped and the rules used for the allocation of costs. Compliance with the cost accounting system shall be verified by a qualified independent body. A statement concerning compliance shall be published annually.deleted

Amendment 442 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – introductory part

~~A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain~~When imposing obligations in accordance with Aarticles 66 and ~~Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions~~67 to 72 national regulatory authority shall take into account co-investment agre emetnts:

Amendment 443 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

Amendment 444 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a

(a) the deployment of the new network elements either (i) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or (ii) is conducted by a single undertaking that provides a wholesale offer on terms which favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; mechanisms for risk-sharing; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;

Amendment 445 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point b

~~(b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks;~~deleted

Amendment 446 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c

Amendment 447 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c

Amendment 448 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

Amendment 449 #

Antonio LÓPEZ-ISTÚRIZ WHITE, Roberta METSOLA, Eva MAYDELL

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

When assessing co-investment ~~offers and processes referred to in point (a) of~~agreements referred to the first ~~sub~~paragraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.

Amendment 450 #

Marlene MIZZI, Nicola DANTI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 79 – title

Available, Accessible and Affordable universal service

Amendment 451 #

Marlene MIZZI, Nicola DANTI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA

Proposal for a directive
Article 79 – paragraph 1

1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available ~~functional~~broadband internet access and ~~voice~~ communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location. The available, accessible and affordable universal service is indispensable for enabling social inclusion and providing a social safety net by establishing a right to a basic internet access service. (Horizontal amendment: the word "functional" should be deleted throughout the text)

Amendment 452 #

Proposal for a directive
Article 79 – paragraph 1

1. Member States shall ensure that all ~~end-us~~consumers in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at the quality specified in their territory, including the underlying connection, ~~at least~~ at a fixed location.

Amendment 453 #

Proposal for a directive
Article 79 – paragraph 1

Amendment 454 #

Proposal for a directive
Article 79 – paragraph 1

Amendment 455 #

Proposal for a directive
Article 79 – paragraph 1

Amendment 456 #

Proposal for a directive
Article 79 – paragraph 1

1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and ~~voice~~conversational communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.

Amendment 457 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 79 – paragraph 1 a (new)

1a. Member States shall ensure that the internet services provided through the universal service obligation under this Directive must comply with the requirements of Union legislation on open internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015.

Amendment 458 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Antanas GUOGA

Proposal for a directive
Article 79 – paragraph 2

Amendment 459 #

Proposal for a directive
Article 79 – paragraph 2

2. ~~Member States~~BEREC, in close cooperation with the European Commission, shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services ~~used by the majority of end-users in their territor~~which are indispensable to ensure social and economic participation in society. To that end, the functional internet access service shall be capable of supporting ~~the minimum set of services set~~ services set out by BEREC in close cooperation with the European Commission, taking into account ~~in Annex V~~national specifics.

Amendment 460 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 79 – paragraph 2

2. Member States shall define ~~the functional~~ internet access services referred to in paragraph 1 with a view to ~~adequatel~~ensure they reflect the services used by the majority of end-users in their territory. ~~To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V.~~

Amendment 461 #

Proposal for a directive
Article 79 – paragraph 2

2. ~~Member Stat~~National regulatory authorities shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territory. ~~To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V.~~

Amendment 462 #

Proposal for a directive
Article 79 – paragraph 2

2. Member States shall define the ~~functional~~ internet access service referred to in paragraph 1 with a view to ~~adequately reflect~~ensure they deliver these services ubased ~~by the majority of end-users in their territory. To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V~~on minimum requirements such as the bandwidth the majority of end-users is subscribed to at a fixed location.

Amendment 463 #

Proposal for a directive
Article 79 – paragraph 2

2. Member States shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territory and which are necessary to take part in social inclusion. To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V.

Amendment 464 #

Proposal for a directive
Article 79 – paragraph 2 a (new)

2a. Functional internet access services shall be in compliance with Regulation (EU) 2015/2120 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union.

Amendment 465 #

Proposal for a directive
Article 79 – paragraph 2 a (new)

2a. In accordance with BEREC guidelines, national regulatory authorities shall define the minimum functionality of the internet access service referred to in paragraph 1 with a view to ensure they deliver these services based on minimum quality requirements such as the bandwidth the majority of end-users in their territory is subscribed to at a fixed location.

Amendment 466 #

Proposal for a directive
Article 79 – paragraph 3

~~3. When an end-user so requests, the connection referred to in paragraph 1 may be limited to support voice communications only.~~deleted

Amendment 467 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 79 – paragraph 3

3. When an end-user so requests, the connection referred to in paragraph 1 may be limited to support ~~voice~~two-way communications only.

Amendment 468 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 80 – title

Provision of available, accessible and affordable universal service

Amendment 469 #

Proposal for a directive
Article 80 – paragraph 2

2. Where Member States establish that, in the light of national conditions, retail prices for services identified in Article 79(1) are not affordable, because low-income or special social needs end- users are prevented from accessing such services, they may require undertakings which provide such services to offer to those end-users tariff options or packages different from those provided under normal commercial conditions. To that end and in that case, Member States ~~may~~shall require such undertakings to apply common tariffs, including geographic averaging, throughout the territory. Member States shall ensure that end-users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in Article 79(1) and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service.

Amendment 470 #

Proposal for a directive
Article 80 – paragraph 2

Amendment 471 #

Marlene MIZZI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 80 – paragraph 2

2. Where Member States establish that, in the light of national conditions, retail prices for services identified in Article 79(1) are not affordable, because low-income or special social needs end- users are prevented from accessing such services, they may require undertakings which provide such services to offer to those end-users tariff options or packages different from those provided under normal commercial conditions. To that end, Member States ~~may~~shall require such undertakings to apply common tariffs, including geographic averaging, throughout the territory. Member States shall ensure that end-users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in Article 79(1) and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service.

Amendment 472 #

Proposal for a directive
Article 80 – paragraph 4

4. Member States ~~may~~shall, in the light of national conditions, ensure that support is provided to low-income or special social needs end-users in view of ensuring affordability of functional internet access and ~~voice~~conversational communications services at least at a fixed location.

Amendment 473 #

Proposal for a directive
Article 80 – paragraph 4

4. Member States ~~may~~shall, in the light of national conditions, ensure that support is provided to low-income or special social needs end-users in view of ensuring affordability of functional internet access ~~and voice~~, conversational communications services at least at a fixed location.

Amendment 474 #

Marlene MIZZI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 80 – paragraph 4

4. Member States ~~may~~shall, in the light of national conditions, ensure that support is provided to low-income or special social needs end-users in view of ensuring affordability of ~~functional~~ internet access and ~~voice~~two- way communications services at least at a fixed location.

Amendment 475 #

Antonio LÓPEZ-ISTÚRIZ WHITE, Eva MAYDELL

Proposal for a directive
Article 80 – paragraph 4

Amendment 476 #

Proposal for a directive
Article 80 – paragraph 4

Amendment 477 #

Marlene MIZZI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 80 – paragraph 5

5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, orand that other specific measures are taken, in view of ensuring that accessibility related terminal equipment, and specific equipment and specific services, including text and video relay services, enhancing equivalent access are affordable. Average cost of relay services for the end-user shall not exceed the average cost of voice communication services.

Amendment 478 #

Proposal for a directive
Article 80 – paragraph 5

5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, orand that other specific measures are taken, in view of ensuring that accessible related terminal equipment, and specific equipment and specific services, including text and video relay services, enhancing equivalent access are affordable. Average cost of relay services for the end-user shall not exceed the average cost of voice communication services.

Amendment 479 #

Proposal for a directive
Article 80 – paragraph 5

5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, orand that other specific measures are taken, in view of ensuring that accessible related terminal equipment, and specific equipment and specific services, including text and video relay services, enhancing equivalent access are affordable. Average cost of relay services for the end-user shall not exceed the average cost of voice communication services.

Amendment 480 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 80 – paragraph 6

6. When applying this Article, Member States shall seek to establish appropriate safeguards for end-users and minimise market distortions.

Amendment 481 #

Proposal for a directive
Article 81 – paragraph 1

1. Where a Member State has duly demonstrated, account taken of the results of the geographical survey conducted in accordance with Article 22(1), that the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of ~~voice~~conversational communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools, it ~~may~~shall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.

Amendment 482 #

Proposal for a directive
Article 81 – paragraph 1

1. Where a Member State has duly demonstrated, account taken of the results of the geographical survey conducted in accordance with Article 22(1), that the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) ~~and of voice~~of conversational communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools, it ~~may~~shall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.

Amendment 483 #

Marlene MIZZI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 81 – paragraph 1

1. Where a Member State has duly demonstrated, account taken of the results of the geographical survey conducted in accordance with Article 22(1), that the availability at a fixed location of ~~functional~~ internet access service as defined in accordance with Article 79(2) and of ~~voice~~two-way communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools, it ~~may~~shall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.

Amendment 484 #

Proposal for a directive
Article 81 – paragraph 1

1. Where a Member State has duly demonstrated, ~~account taken of~~taking into account the results of the geographical survey, where available, conducted in accordance with Article 22(1), or where the national regulatory authority is satisfied with alternative evidence, that the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voice communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools, it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory. In addition, Member States may impose appropriate universal service obligations to ensure end-users have access to functional internet access and voice services whilst in transit along rail networks and key transport routes, as identified by the Member State.

Amendment 485 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 81 – paragraph 2

2. Member States shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of ~~functional~~ internet access service as defined in accordance with Article 79(2) and of ~~voice~~two- way communications service, whilst respecting the principles of objectivity, transparency, non- discrimination and proportionality. They shall seek to minimise market distortions, in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions, whilst safeguarding the public interest.

Amendment 486 #

Proposal for a directive
Article 81 – paragraph 2

2. Member States shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of ~~voice~~conversational communications service, whilst respecting the principles of objectivity, transparency, non- discrimination and proportionality. They shall seek to minimise market distortions, in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions, whilst safeguarding the public interest.

Amendment 487 #

Proposal for a directive
Article 81 – paragraph 2

2. Member States shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) ~~and of voice~~of conversational communications service, whilst respecting the principles of objectivity, transparency, non- discrimination and proportionality. They shall seek to minimise market distortions, in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions, whilst safeguarding the public interest.

Amendment 488 #

Proposal for a directive
Article 81 – paragraph 3

3. In particular, where Member States decide to impose obligations to ensure the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) ~~and of voice~~of conversational communications service, they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with Article 79(2) and of ~~voice~~conversational communications service in order to cover all the national territory. Member States may designate different undertakings or sets of undertakings to provide text and video relay services, functional internet access and ~~voice~~conversational communications services at a fixed location and/or to cover different parts of the national territory.

Amendment 489 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 81 – paragraph 3

3. In particular, where Member States decide to impose obligations to ensure the availability at a fixed location of ~~functional~~ internet access service as defined in accordance with Article 79(2) and of ~~voice~~two-way communications service, they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with Article 79(2) and of ~~voice~~two-way communications service in order to cover all the national territory. Member States may designate different undertakings or sets of undertakings to provide ~~functional internet access and voice~~text and video relay services, internet access and text and video relay services, two-way communications services at a fixed location and/or to cover different parts of the national territory.

Amendment 490 #

Proposal for a directive
Article 81 – paragraph 3

Amendment 491 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 81 – paragraph 4

4. When Member States designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location of ~~functional~~ internet access service as defined in accordance with Article 79(2) and of ~~voice~~two-way communications service, they shall do so using an efficient, objective, transparent and non- discriminatory designation mechanism, whereby no undertaking is a priori excluded from being designated. Such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost-effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with Article 84.

Amendment 492 #

Proposal for a directive
Article 81 – paragraph 4

4. When Member States designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of ~~voice~~conversational communications service, they shall do so using an efficient, objective, transparent and non- discriminatory designation mechanism, whereby no undertaking is a priori excluded from being designated. Such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost-effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with Article 84.

Amendment 493 #

Proposal for a directive
Article 81 – paragraph 4

Amendment 494 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 82 – paragraph 1

Member States may continue to ensure the availability or affordability of other services than ~~functional~~ internet access service as defined in accordance with Article 79(2) and ~~voice~~two-way communications service at a fixed location that were in force prior to [set date]~~, if the need for such services is duly demonstrated in the light of national circumstances~~. When Member States designate undertakings in part or all of the national territory for the provision of those services, Article 81 shall apply. Financing of these obligations shall comply with Article 85.

Amendment 495 #

Proposal for a directive
Article 82 – paragraph 1 a (new)

Member States shall ensure that national regulatory authorities may impose obligations on undertakings in order to ensure that public pay telephones and conversational communications access points are provided in key entry points of the country, such as airports or train and bus stations, as well as places used by people in cases of emergencies, such as hospitals, police stations and highway emergency areas, to meet the reasonable needs of end-users, including end-users with disabilities.

Amendment 496 #

Proposal for a directive
Article 82 – paragraph 1 a (new)

Member States shall ensure that national regulatory authorities impose obligations on undertakings in order to ensure that public pay telephones and conversational communications access points are provided in key entry points of the country, such as airports or train and bus stations, as well as places used by people in cases of emergencies, such as hospitals, police stations and highway emergency areas, to meet the reasonable needs of end-users, including end-users with disabilities.

Amendment 497 #

Marlene MIZZI, Biljana BORZAN, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 82 – paragraph 1 a (new)

Member States shall ensure that public pay telephones and two-way communications access points are provided in key points, such as airports or train and bus stations, as well as places used by people in cases of emergencies, such as hospitals, police stations and highway emergency areas, to meet the reasonable needs of end-users, including end-users with disabilities.

Amendment 498 #

Proposal for a directive
Article 82 – paragraph 1 b (new)

Member States shall ensure that it is possible to make emergency calls from public pay telephones and conversational communication access points using the single European emergency call number '112' and other national emergency numbers, all free of charge and without having to use any means of payment.

Amendment 499 #

Proposal for a directive
Article 82 – paragraph 1 b (new)

Amendment 500 #

Marlene MIZZI, Nicola DANTI, Biljana BORZAN, Virginie ROZIÈRE, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Sergio GUTIÉRREZ PRIETO, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 82 – paragraph 1 b (new)

Member States shall ensure that it is possible to make emergency calls from public pay telephones and two-way communication access points using the single European emergency call number '112' , '116'and other national emergency numbers all free of charge.

Amendment 501 #

Proposal for a directive
Article 82 – paragraph 2

Member States shall review the obligations imposed pursuant to this Article a~~t the latest~~s soon as practicable, which shall in any case be not more than 3 years after the entry into force of this Directive and thereafter once every year.

Amendment 502 #

Proposal for a directive
Article 85 – paragraph 1

Where, on the basis of the net cost calculation referred to in Article 84, national regulatory authorities find that an undertaking is subject to an unfair burden, Member States shall, upon request from the undertaking concerned, decide: (a) to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds~~. Only the net cost, a~~; and/or (b) to share the net cost of universal service obligations dbet~~ermined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed.~~ ween providers of electronic communications networks and services and those undertakings providing information society services as defined in Directive 2000/31/EC and which account for a large broadband consumption.

Amendment 503 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 85 – paragraph 1

Where, on the basis of the net cost calculation referred to in Article 84, national regulatory authorities find that an undertaking is subject to an unfair burden, Member States shall, upon request from the undertaking concerned, decide to introduce a mechanism in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82: to compensate that undertaking for the determined net costs under transparent conditions from public funds~~. Only~~ or to share the net cost~~, as determined in accordance with Article 84, of the obligations laid down in Art~~s of universal service obligations between providers of electronic communication networks and servicles ~~79, 81 and 82 may be finan~~, and information society serviceds.

Amendment 504 #

Proposal for a directive
Article 85 – paragraph 1

Where, on the basis of the net cost calculation referred to in Article 84, national regulatory authorities find that an undertaking is subject to an unfair burden, Member States shall, upon request from the undertaking concerned, decide: (a) to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds. That mechanism may be financed from public funds, from contributions from providers of electronic communications networks or services, or both. Only the net cost, as determined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed. (b) to share the net cost of universal service obligations between providers of electronic communications networks and services.

Amendment 505 #

Proposal for a directive
Article 85 – paragraph 1 a (new)

Where the net cost is financed in whole or in part from sectoral contributions, Member States shall establish a sharing mechanism administered by the national regulatory authority, or competent authority, or a body independent from the beneficiaries under the supervision of the national regulatory authority.

Amendment 506 #

Proposal for a directive
Article 85 – paragraph 1 a (new)

Where the net cost is shared under paragraph 1(b), Member States shall establish a sharing mechanism administered by the national regulatory authority or a body independent from the beneficiaries under the supervision of the national regulatory authority. Only the net cost, as determined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed.

Amendment 507 #

Proposal for a directive
Article 85 – paragraph 1 a (new)

Member States shall establish the methods for financing universal service taking account of national circumstances.

Amendment 508 #

Proposal for a directive
Article 85 – paragraph 1 b (new)

A sharing mechanism shall respect the principles of transparency, least market distortion, non-discrimination and proportionality, in accordance with the principles of Annex IV, Part B. Member States may choose not to require contributions from certain types of undertaking or from undertakings whose national turnover is less than a set limit.

Amendment 509 #

Proposal for a directive
Article 85 – paragraph 1 b (new)

A sharing mechanism shall respect the principles of transparency, least market distortion, non-discrimination and proportionality, in accordance with the principles of Annex VII, Part B. Member States may choose not to require contributions from undertakings whose national turnover is less than a set limit.

Amendment 510 #

Proposal for a directive
Article 85 – paragraph 1 c (new)

Any charges related to the sharing of the cost of universal service obligations shall be unbundled and identified separately for each undertaking. Such charges shall not be imposed or collected from undertakings that are not providing services in the territory of the Member State that has established the sharing mechanism.

Amendment 511 #

Proposal for a directive
Article 85 – paragraph 1 c (new)

Amendment 512 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 87 – paragraph 2

2. National regulatory authorities may also grant rights of use for numbering resources from the national numbering plans for the provision of specific services to undertakings other than providers of electronic communications networks or services, provided that those undertakings demonstrate their ability to manage those numbers and ~~sufficient and adequate numbering resources are made available to satisfy current and foreseeable future demand~~comply with any relevant requirements. National regulatory authorities may suspend the granting of numbering resources to such undertakings if it is demonstrated that there is a risk of exhaustion of numbering resources. By [entry into force plus 18 months] in order to contribute to the consistent application of this paragraph, BEREC shall adopt, after consulting stakeholders and in close cooperation with the Commission, guidelines on common criteria for the assessment of the ability to manage number~~ing resource~~s and the risk of exhaustion of numbering resources.

Amendment 513 #

Proposal for a directive
Article 87 – paragraph 5 – subparagraph 1

Member States shall ensure that the ‘'00’' code is the standard international access code. Special arrangements for making ~~call~~use of number-based interpersonal communication services between locations adjacent to one another across borders between Member States may be established or continued. End-users in the locations concerned shall be fully informed of such arrangements or agreements.

Amendment 514 #

Marlene MIZZI, Nicola DANTI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 87 – paragraph 6

6. Member States shall promote the over –the-air provisioning of numbering resources, - where technically feasible - to facilitate switchainge of providers of electronic communications networks or services by end-users other than consumers, in particular providers and users of machine- to-machine services..

Amendment 515 #

Proposal for a directive
Article 88 – paragraph 1

1. Where it is necessary to grant individual rights of use for numbers, national regulatory authorities shall grant such rights, upon request, to any undertaking for the provision of electronic communications networks or services covered by a general authorisation referred to in Article 12, subject to the provisions of Articles 13 and 21(1)(c) and any other rules ensuring the efficient use of those resources in accordance with this Directive. ~~National regulatory authorities may also grant rights of use for numbers to undertakings other than providers of electronic communications networks or services in accordance with Article 87(2).~~

Amendment 516 #

Proposal for a directive
Article 88 – paragraph 6 – subparagraph 1

Where the right of use for numbers includes their extraterritorial use within the Union in accordance with Article 87(4), the national regulatory authority shall attach to the right of use specific conditions in order to ensure compliance with all the relevant national ~~consumer protection~~ rules and national laws related to the use of numbers applicable in the Member States where the numbers are used.

Amendment 517 #

Proposal for a directive
Article 88 – paragraph 6 – subparagraph 2

Upon request from a national regulatory authority of another Member State demonstrating a breach of relevant ~~consumer protection~~ rules or number- related national law of that Member State, the national regulatory authority of the Member State where the rights of use for the numbers have been granted, shall enforce the conditions attached under subparagraph 1 in accordance with Article 30, including in serious cases by withdrawing the right of extraterritorial use for the numbers granted to the undertaking concerned.

Amendment 518 #

Marlene MIZZI, Biljana BORZAN, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 90 – paragraph 1

1. Member States shall ensure that citizens have access to a service operating a hotline to report cases of missing children free of charge. The hotline shall be available on the number ‘116000’.

Amendment 519 #

Proposal for a directive
Article 90 – paragraph 2

2. Member States shall ensure that ~~disabled end-user~~end-users with disabilities are able to access services provided under the ~~number~~ ‘116000’ ~~to the greatest extent possible~~numbering on an equal basis with others, in particular through the use of conversational communication services and available relay services. Measures taken to facilitate ~~disabled~~ end- users' with disabilities access to such services whilst travelling in other Member States shall be based on compliance with relevant standards or specifications published in accordance with Article 39.

Amendment 520 #

Marlene MIZZI, Nicola DANTI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 90 – paragraph 2

2. Member States shall ensure that ~~disabled end-user~~end-users with disabilities are able to access services provided under the ~~number ‘116000’ to the greatest extent possible~~'116000' numbering on equal basis with other end- users, in particular through the use of two-way communication services and available relay services. Measures taken to facilitate ~~disabled~~ end- users' with disabilities access to such services whilst travelling in other Member States shall be based on compliance with relevant standards or specifications published in accordance with Article 39.

Amendment 521 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 90 – paragraph 2 a (new)

2a. Member States shall ensure that appropriate measures needed to achieve a sufficient level of service quality in operating the 116 000 number as well as engaging necessary financial resources to operate the hotline are implemented.

Amendment 522 #

Marlene MIZZI, Nicola DANTI, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 90 – paragraph 2 b (new)

2b. Member States and the Commission shall ensure that citizens are adequately informed of the existence and use of services provided under the '116 000' number.

Amendment 523 #

Carlos COELHO, Dariusz ROSATI, Pascal ARIMONT, Ivan ŠTEFANEC

Proposal for a directive
Article 92 – paragraph 1

Amendment 524 #

Proposal for a directive
Article 92 – paragraph 1

Providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or, place of residence or temporary location unless such differences are objectively justified.

Amendment 525 #

Proposal for a directive
Article 92 – paragraph 1

Amendment 526 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Antanas GUOGA, Sabine VERHEYEN

Proposal for a directive
Article 92 – paragraph 1 a (new)

Providers of publicly available number- based interpersonal communication services shall not apply tariffs to intra- Union fixed and mobile communications services terminating in another Member State that are different from tariffs for services terminating in the same Member State, unless the provider demonstrates that they are due to objective differences in costs.

Amendment 527 #

Proposal for a directive
Article 92 a (new)

Article 92a 1. By [3 months after adoption of this directive], the European Commission jointly with BEREC shall initiate a review of the market of intra-Union communications services terminating in another Member State with a view to assessing measures necessary to eliminate market distortion that leads to abusive pricing. The Commission shall review, inter alia, the degree of competition in intra-Union fixed communications services markets, and in particular shall assess available tariffs for the consumer. This encompasses available tariffs in the scope of voice only contracts, voice services bundled into larger service contracts and available tariffs over the internet access services and OTT's. In assessing measures necessary to enable possible measures to protect consumers, the Commission and BEREC shall take into account the need to ensure that the providers of intra-EU calls are able to recover all costs of providing intra-EU calls, including joint and common costs. 2. By [6 months after start of the assessment], the Commission shall submit a report to the European Parliament and to the Council on the findings of the review referred to in paragraph 1. If decided to be necessary, that report shall be accompanied by an appropriate legislative proposal preceded by a public consultation, to address the intra-EU call tariffs or to provide for another solution to address the issues identified.

Amendment 528 #

Marlene MIZZI, Nicola DANTI, Biljana BORZAN, Virginie ROZIÈRE, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Brando BENIFEI, Lucy ANDERSON

Proposal for a directive
Article 92 a (new)

Article 92a Intra-Union communication 1. Providers of electronic communication services to the public shall not apply tariffs for intra-Union fixed and mobile communications services terminating in another Member State different from tariffs of services terminating in the same member state, unless the provider demonstrates that the existence of different costs is objectively justified. 2. By (six months after the entry into force of this Directive), BEREC after consulting stakeholders and in close cooperation with the Commission shall adopt guidelines on the recovery of such objectively justified different costs pursuant to paragraph 1. Such guidelines shall ensure that any differences are strictly based on existent direct costs that provider incur by providing the cross- border services; 3. By (one year after the entry into force of this Directive and annually thereafter), the European Commission shall provide a report on the application of the obligations of paragraph 1, including an assessment of the evolution of intra-Union communication tariffs.

Amendment 529 #

Proposal for a directive
Article 92 a (new)

Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.

Amendment 530 #

Proposal for a directive
Article 93 – paragraph 2 a (new)

2a. In accordance with Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union, Member States shall not impose general and indiscriminate retention of all traffic and location data of all subscribers and registered users relating to their electronic communications.

Amendment 531 #

Proposal for a directive
Article 94

Amendment 532 #

Proposal for a directive
Article 94 – paragraph 1

Member States ~~shall not~~may maintain or introduce into their national law end-user protection provisions on the subject- matters covered by this Title ~~and div~~offerging ~~from the provisions laid down in this Title, including more or less stringent provisions to ensure a different level of protection, unless otherw~~a higher level of end- user protection where additional protections are considered necessary or where an explicit derogation ise provided for in this Title.

Amendment 533 #

Proposal for a directive
Article 94 – paragraph 1

Amendment 534 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 94 – paragraph 1

Member States ~~shall not~~may maintain or introduce in their national law additional requirements on end-user protection provisions on the subject- matters covered by this Title and diverging from the provisions laid down in this Title, ~~including more or less stringent provisions~~ to ensure a ~~different~~higher level of consumer protection~~, unless otherwise provided for in this Title~~.

Amendment 535 #

Proposal for a directive
Article 94 – paragraph 1 a (new)

When adopting delegated acts on the security requirements, the Commission should take the utmost account of the opinion of ENISA and should consult interested stakeholders. The Commission should ensure consistency with existing implementing measures in the context of the Network and Information Security Directive (2016/1148) to ensure a harmonised approach both across member States and across potentially overlapping legislation.

Amendment 536 #

Marlene MIZZI, Virginie ROZIÈRE, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph -1 (new)

–1. The pre-contractual information provided in this article including the contract summary shall constitute an integral part of the final contract and is without prejudice to the requirements laid down in Directive 2011/83/EU. Member States shall ensure that the information referred to in this Article is provided in a clear, comprehensive and easily accessible manner. On a request made by the consumer or other end-users, a copy of the information can also be provided on a durable medium and in accessible formats for end-users with disabilities.

Amendment 537 #

Proposal for a directive
Article 95 – paragraph 1 – introductory part

1. Before a consumer is bound by a contract or any corresponding offer, providers of publicly available electronic communications services ~~other than~~including number-independent interpersonal communications services, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, and the following information in a clear, simple and comprehensible manner, and in accessible formats for end- users with disabilities:

Amendment 538 #

Andreas SCHWAB, Pascal ARIMONT, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a directive
Article 95 – paragraph 1 – introductory part

Amendment 539 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – introductory part

1. Before a consumer is bound by a contract or any corresponding offer, providers of publicly available electronic communications services ~~other than number-independent interpersonal communications services, shall provid~~, shall provide free of charge the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, andt least the following information ~~in a clear and comprehensible mann~~, where relevant to the services they are providing to a consumer:

Amendment 540 #

Proposal for a directive
Article 95 – paragraph 1 – introductory part

(1) Before a consumer is bound by a contract or any corresponding offer, providers of publicly available electronic communications services other than number-independent interpersonal communications services, and, where appropriate, providers of publicly available number-independent interpersonal communications services, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, and the following information in a clear and comprehensible manner:

Amendment 541 #

Proposal for a directive
Article 95 – paragraph 1 – introductory part

1. Before a consumer is bound by a contract or any corresponding offer, providers of publicly available ~~electronic~~internet access services, interpersonal number based communications services ~~other than~~and, where applicable, number-independent interpersonal communications services, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, ~~irrespective of the amount of any payment to be ma~~and the following information, to the extent such information pertains to a service they provide, and thover which they have foull~~owing information~~ control, in a clear and comprehensible manner:

Amendment 542 #

Proposal for a directive
Article 95 – paragraph 1 – introductory part

1. Before a consumer is bound by a contract or any corresponding offer, providers of ~~publicly available electronic communications services other than number-independent~~internet access services and publicly available interpersonal communications services, where applicable, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, and the kind of remuneration. The contract specifies the following information in a clear and comprehensible manner:

Amendment 543 #

Proposal for a directive
Article 95 – paragraph 1 – introductory part

1. Before a consumer is bound by a contract or any corresponding offer, providers of publicly available electronic communications services other than number-independent interpersonal communications services, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, ~~irrespective of the amount of any payment to be made, and the following information~~together with the information listed in points (a) to (g) where not already required and to the extent that such information pertains to a service they provide and have full control over, in a clear and comprehensible manner:

Amendment 544 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Antonio LÓPEZ-ISTÚRIZ WHITE, Sabine VERHEYEN, Eva MAYDELL

Proposal for a directive
Article 95 – paragraph 1 – point a – point i – introductory part

(i) any minimum service quality levels ~~to the extent that these are offered, and in accordance with BEREC guidelines to be adopted after consultation of stakeholders and in close cooperation with the Commission~~using parameters defined in accordance with Article 97, to the extent that these are offered, regarding:

Amendment 545 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point a – point i – introductory part

(i) any minimum service quality levels to the extent that these are offered, and where relevant in accordance with BEREC guidelines to be adopted after consultation of stakeholders and in close cooperation with the Commission, regarding:

Amendment 546 #

Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 1

- for internet access services: ~~at least latency, jitter, packet loss,~~the information relating to speed and quality as set out in Article 4 of Regulation (EU) 2015/2120

Amendment 547 #

Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 1

- ~~for~~ internet access services~~: at least latency, jitter, packet loss,~~

Amendment 548 #

Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 2

- for publicly available ~~number- based~~ interpersonal communications services, reflecting whether technical measures for quality assurance have been taken or not: at least the time for the initial connection, failure probability, call signalling delays in accordance with Annex IX of this Directive and

Amendment 549 #

Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 2

- ~~for~~ publicly available number- based interpersonal communications services~~: at least the time for the initial connection, failure probability, call signalling delays and~~

Amendment 550 #

Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 3

- ~~for~~ services other than internet access services within the meaning of Article 3(5) of Regulation 2015/2120/EU~~: the specific quality parameters assured,~~

Amendment 551 #

Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 3

- for services other than internet access services ~~within the meaning of Article 3(5) of Regulation 2015/2120/EU~~consisting in the conveyance of signals: the specific quality parameters assured,

Amendment 552 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point a – point ii

(ii) without prejudice to the right of end-users to use terminal equipment of their choice in accordance with Article 3(1) of Regulation 2015/2120/EC, any fees and restrictions imposed by the provider on the use of terminal equipment supplied and the necessary technical information for the proper functioning of the equipment chosen by the consumer;

Amendment 553 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Antanas GUOGA, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a directive
Article 95 – paragraph 1 – point b

(b) any compensation and refund arrangements, which apply if contracted service quality levels are not met or if a security incident takes place due to known software or hardware vulnerabilities for which patches have been issued by the manufacturer or developer and those have not been applied by the service providers;

Amendment 554 #

Marlene MIZZI, Nicola DANTI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Sergio GUTIÉRREZ PRIETO, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point b

(b) any compensation and refund arrangements, including where applicable, explicit reference to statutory rights of consumers, which apply if contracted service quality levels are not met;

Amendment 555 #

Proposal for a directive
Article 95 – paragraph 1 – point c – introductory part

Amendment 556 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point c – point i

(i) details of ~~tariff~~specific tariff plan or plans under the contract and, for each such tariff plan the types of services offered, including where applicable, the volumes of communications (MB, minutes, SMS) included per billing period, and the price for additional communication units,

Amendment 557 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point c – point i a (new)

(ia) in the case of tariff plan or plans with a pre-set volume of communications, the possibility for consumers to defer any unused volume from the preceding billing period to the following billing period,

Amendment 558 #

Marlene MIZZI, Nicola DANTI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point c – point i b (new)

(ib) payment methods offered and any cost differences due to the payment methods, and available facilities to safeguard bill transparency and monitor the level of consumption,

Amendment 559 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Antanas GUOGA, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a directive
Article 95 – paragraph 1 – point c – point ii

(ii) tariff information regarding any numbers or services subject to particular pricing conditions; with respect to individual categories of services, NRAs may require such information to be provided immediately prior to connecting the callIn case of remuneration other than money an information on the kind of remuneration, notwithstanding Regulation (EU) 2016/679 in case of personal data as remuneration,

Amendment 560 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point c – point ii a (new)

(iia) information on what might be the most suitable tariff for end-users based on their usage pattern, information regarding alternative lower-costs tariffs, if available and the possibility to switch between tariffs,

Amendment 561 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point c – point iv

(iv) details of after-sales service and maintenance charges, and maintenance services and customer support services provided, the conditions and charges for these services, and the means of contacting these services,

Amendment 562 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point c – point v

(v) the means by which up-to-date information on all applicable tariffs and maintenance charges ~~may be obtained~~are made available;

Amendment 563 #

Proposal for a directive
Article 95 – paragraph 1 – point c – point v a (new)

(va) consumers shall be informed each year by telecommunications service providers about the best possible tariff for the services they use.

Amendment 564 #

Proposal for a directive
Article 95 – paragraph 1 – point c – point v a (new)

(va) the means by which the amount of use made of the service may be clearly monitored.

Amendment 565 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point d – point ii

(ii) any procedures and charges related to switching and the portability of numbers and other identifiers and compensation and refund arrangements for delay or abuse of switching,

Amendment 566 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point d – point iii

(iii) any c~~harge~~ompensations due on early termination of the contract, including information on unlocking the terminal equipment and any cost recovery with respect to terminal equipment ~~and other promotional advantages~~,

Amendment 567 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point f

(f) the means of initiating procedures for the settlement of disputes, including cross-border disputes, in accordance with Article 25;

Amendment 568 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 1 – point g a (new)

(ga) access to information on emergency services and caller location.

Amendment 569 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 2 – introductory part

2. In addition to the requirements set out in paragraph 1 providers of publicly available ~~number-based~~ interpersonal communications services shall provide at least the following information in a clear ~~and~~, comprehensible and easily accessible manner:

Amendment 570 #

Lambert van NISTELROOIJ, Carlos COELHO, Mihai ŢURCANU, Antonio LÓPEZ-ISTÚRIZ WHITE, Sabine VERHEYEN, Ramón Luis VALCÁRCEL SISO, Birgit COLLIN-LANGEN

Proposal for a directive
Article 95 – paragraph 2 – indent 1

- any constraints on access to emergency services and/or caller location information due to a lack of technical feasibility, insofar as the service allows end-users to originate national calls to a number in a national telephone numbering plan;

Amendment 571 #

Proposal for a directive
Article 95 – paragraph 2 – indent 1

- for publicly available interpersonal communications services only, any constraints on access to emergency services and/or caller location information due to a lack of technical feasibility;

Amendment 572 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Antonio LÓPEZ-ISTÚRIZ WHITE, Sabine VERHEYEN

Proposal for a directive
Article 95 – paragraph 2 – indent 2

- ~~the end-user's right~~for publicly available interpersonal communications services only, the option to determine whether or not to include his or her personal data in a directory, and the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC;

Amendment 573 #

Proposal for a directive
Article 95 – paragraph 2 – indent 2 a (new)

- an explicit mention on the invoice of the identity of the supplier, the typology and the duration of the services charged to a third number.

Amendment 574 #

Marlene MIZZI, Nicola DANTI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 2 – indent 2 a (new)

- any constrains or differences in the quality of services due to external factors such as network connectivity.

Amendment 575 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 2 – indent 2 b (new)

- without prejudice to article 13 of GDPR, what data, including personal data, are necessary for the performance of the service or collected in exchange for the provision of the service.

Amendment 576 #

Proposal for a directive
Article 95 – paragraph 3

~~3. Paragraphs 1 and 2 shall apply also to micro or small enterprises as end- users unless they have explicitly agreed to waive all or parts of those provisions,~~deleted

Amendment 577 #

Proposal for a directive
Article 95 – paragraph 3

3. Paragraphs 1, 2 and 26 shall apply also to micro or small enterprises and not- for-profit organisations as end-users unless they have exp~~licit~~ressly agreed to waive all or parts of those provisions, Or. en (see amendment to paragraph 6 of this article and Rapporteur amendment 104)

Amendment 578 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 3

3. Paragraphs 1 and 2 shall apply also to micro or small enterprises as end-users ~~unless~~when they have ~~explicitly agreed to waive all or parts of those provisions,~~opted in to all or parts of those provisions. The providers of electronic communications networks and/or services will have to inform micro to small enterprises in due time on the possibility to opt into the provisions for information requirements under paragraphs 1 and 2 of this Article.

Amendment 579 #

Proposal for a directive
Article 95 – paragraph 3

3. Paragraphs 1 and 2 shall apply also to micro or small enterprises as end-users ~~unless~~where they have ~~explicitly~~ agreed to ~~waive~~apply all or parts of those provisions,.

Amendment 580 #

Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – introductory part

ByUntil [entry into force + 12 months], ~~BEREC shall issue a decision on~~providers of electronic communication services shall develop and agree with national regulatory authorities a contract summary template, which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2. Those main elements shall include ~~at least complete~~ information on:

Amendment 581 #

Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – introductory part

By [entry into force + 12 months], ~~BEREC shall issue a decision on~~national regulatory authorities, having taken account of any relevant BEREC guidelines, shall prepare a contract summary template, which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2. Those main elements shall include, at least ~~complete~~, summary information on:

Amendment 582 #

Marlene MIZZI, Nicola DANTI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – introductory part

By [entry into force + 12 months], BEREC shall issue a decision on astandard contractual information summary template, which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2. Those main elements shall include at least complete information on:

Amendment 583 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT, Lucy ANDERSON

Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – point a

(a) the name and address ~~of the provider~~and contact information of the provider and if different, the contact information for any complaints,

Amendment 584 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – point c

Amendment 585 #

Proposal for a directive
Article 95 – paragraph 5 – subparagraph 2

Providers subject to the obligations under paragraphs 1-4 shall duly complete this contract summary template with the required information and provide it to consumers, ~~and micro and small enterprises,~~ prior to the conclusion of the contract and for distance contracts without undue delay after contract conclusion including making it available by electronic means. The contract summary shall become an integral part of the contract.

Amendment 586 #

Proposal for a directive
Article 95 – paragraph 5 – subparagraph 2

Providers subject to the obligations under paragraphs 1-4 shall duly complete this contract summary template with the required information and provide it to consumers, and micro and small enterprises, where appropriate, prior to the conclusion of the contract. The contract summary shall become an integral part of the contract.

Amendment 587 #

Proposal for a directive
Article 95 – paragraph 6

6. Providers of internet access services ~~and providers of publicly available number-based interpersonal communications services~~ shall offer ~~end- us~~consumers the facility to monitor ~~and control~~ the usage of ~~each of~~ those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.

Amendment 588 #

Proposal for a directive
Article 95 – paragraph 6

6. Providers of internet access services and providers of publicly available number-based interpersonal communications services shall offer end- users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan. Providers of electronic communications services shall give consumers best-tariff advice relating to their services on a periodic basis.

Amendment 589 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 95 – paragraph 6

6. Providers of internet access services and providers of publicly available number-based interpersonal communications services shall offer ~~end- us~~consumers the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.

Amendment 590 #

Proposal for a directive
Article 95 – paragraph 6 a (new)

6a. Providers of electronic communication network and/or internet access service and interpersonal communication services provided for remuneration should offer to end-users the possibility to set a financial cap on their usage. This should ensure that without the end-user's explicit consent, the accumulated expenditure over the specified billing period does not exceed a specified financial limit set by the end- user. An appropriate notification shall be sent to the end-user, when consumption of services has reached 80% of the financial limit set by the end-user. The notification shall indicate the procedure to be followed to continue the provisions of those services and the costs if the financial limit is exceeded. After having reached the financial limits end-users shall be able to receive calls and SMS messages and access to free phone numbers and emergency services by dialling the European emergency number 112 free of charge until the end of the agreed billing period.

Amendment 591 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 95 – paragraph 6 b (new)

6b. Member States may maintain or introduce in their national law additional requirements to ensure a higher level of consumer protection in relation to information requirements for contracts to which this Article applies.

Amendment 592 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Antanas GUOGA, Antonio LÓPEZ-ISTÚRIZ WHITE, Sabine VERHEYEN, Eva MAYDELL

Proposal for a directive
Article 96 – paragraph 1

1. National regulatory authorities shall ensure that the information referred to in A~~nnex VIII~~rticle 95 is published in a clear, comprehensive and easily accessible form by the undertakings providing ~~publicly available electronic communications services other than number-independent~~internet access services and interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.

Amendment 593 #

Andreas SCHWAB, Pascal ARIMONT, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a directive
Article 96 – paragraph 1

1. National regulatory authorities shall ensure that the information referred to in A~~nnex VIII~~rticles 95(1) and 95(2) is published in a clear, comprehensive and easily accessible form by the undertakings providing ~~publicly available electronic communications services other than number-independent~~internet access service and interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.

Amendment 594 #

Proposal for a directive
Article 96 – paragraph 1

(1) National regulatory authorities shall ensure that the information referred to in Annex VIII is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronic communications ~~services other than number-independent interpersonal communications~~ services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.

Amendment 595 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 96 – paragraph 1

1. National regulatory authorities shall ensure that the information referred to in Annex VIII is published in a clear, comprehensive and easily accessible form by ~~the undertakings providing publicly available electronic communications services other than number-independent interpersonal~~all providers of electronic communications services, or by the national regulatory authority itself. Such information shall be updated regularly. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.

Amendment 596 #

Proposal for a directive
Article 96 – paragraph 1

1. National regulatory authorities shall ensure that the information referred to in Annex VIII is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services~~, or by the national regulatory authority itself~~. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.

Amendment 597 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 96 – paragraph 2 – subparagraph 1

National regulatory authorities shall ensure that ~~end-us~~consumers have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs, and the quality of service performance of different publicly available ~~electronic communications services other than n~~providers of internet access services and/or interpersonal communications services. National regulatory authorities may extend the provisions of this article to all end-users. Any differentiation in the conditions applied to consumber~~-independent interpersonal communications services~~s and other end-users shall be made explicit. No internet access or interpersonal communications service provider should be given favourable treatment in search results based on criteria other than the objective criteria used to trigger the search.

Amendment 598 #

Proposal for a directive
Article 96 – paragraph 2 – subparagraph 1

National regulatory authorities shall ensure that end-users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs, and the quality of service performance of different publicly available ~~electronic communications services other than number-independent~~internet access services and interpersonal communications services.

Amendment 599 #

Proposal for a directive
Article 96 – paragraph 2 – subparagraph 1

National regulatory authorities shall ensure that ~~end-users~~consumers and micro and small enterprises, where appropriate, have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs, and ~~the~~, where appropriate, indicative figures addressing quality of service performance of different publicly available electronic communications services other than number-independent interpersonal communications services.

Amendment 600 #

Proposal for a directive
Article 96 – paragraph 2 – subparagraph 2 – point d a (new)

(da) be accessible for persons with disabilities;

Amendment 601 #

Proposal for a directive
Article 96 – paragraph 2 – subparagraph 2 – point g a (new)

(ga) be accessible for persons with disabilities.

Amendment 602 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 96 – paragraph 2 – subparagraph 2 – point g a (new)

(ga) compare similar services, such as internet access services with other internet access services and interpersonal communication services with other interpersonal communication services.

Amendment 603 #

Marlene MIZZI, Nicola DANTI, Virginie ROZIÈRE, Olga SEHNALOVÁ, Kerstin WESTPHAL, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 96 – paragraph 2 – subparagraph 2 – point g b (new)

(gb) be accessible for persons with disabilities

Amendment 604 #

Proposal for a directive
Article 96 – paragraph 2 – subparagraph 3

Comparison tools fulfilling the requirements in points (a) to (g) shall, upon request, be certified by national regulatory authorities. Third parties shall have a right to use, free of charge, the information published by undertakings providing publicly available ~~electronic communications services, other than number-independent~~internet access services and interpersonal communications services, for the purposes of making available such independent comparison tools.

Amendment 605 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 96 – paragraph 2 – subparagraph 3

Comparison tools fulfilling the requirements in points (a) to (g) shall, upon request, be certified by national regulatory authorities. Third parties shall have a right to use, free of charge, and in open data formats the information published by undertakings providing publicly available electronic communications services, other than number-independent interpersonal communications services, for the purposes of making available such independent comparison tools.

Amendment 606 #

Antonio LÓPEZ-ISTÚRIZ WHITE, Roberta METSOLA, Eva MAYDELL

Proposal for a directive
Article 96 – paragraph 3 – introductory part

3. Member States may require that both, national authorities and the undertakings, providing internet access services or publicly available ~~number- based~~ interpersonal communications services distribute public interest information free of charge to existing and new end-users, where appropriate, by the same means as those they ordinarily use in their communications with end-users. In such a case, that public interest information shall be provided by the relevant public authorities in a standardised format and shall, inter alia, cover the following topics:

Amendment 607 #

Proposal for a directive
Article 96 – paragraph 3 – point a

(a) the most common uses of internet access services and publicly available ~~number-based~~ interpersonal 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 copyright and related rights, and their legal consequences; and

Amendment 608 #

Marlene MIZZI, Nicola DANTI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 96 – paragraph 3 – point a

(a) the most common uses of internet access services and publicly available number-based interpersonal 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

Amendment 609 #

Proposal for a directive
Article 96 – paragraph 3 – point b

(b) the means of protection against risks to personal security, privacy and personal data when using internet access services and publicly available number- based interpersonal communications services.deleted

Amendment 610 #

Marlene MIZZI, Virginie ROZIÈRE, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 96 – paragraph 3 a (new)

3a. Member States shall ensure that there is at least one available comparison tool which functions according to the above principles.

Amendment 611 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Antanas GUOGA, Andreas SCHWAB

Proposal for a directive
Article 97 – paragraph 1

1. National regulatory authorities may require providers of internet access services and of publicly available number- based interpersonal communications services to publish comprehensive, comparable, reliable, user-friendly and up-to-date information for end-users on the quality of their services and on measures taken to ensure equivalence in access for disabled end-users. That information shall, on request, be supplied to the national regulatory authority in advance of its publication.deleted

Amendment 612 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 97 – paragraph 1

1. National regulatory authorities may require providers of internet access services and of publicly available ~~number- based~~ interpersonal communications services to publish comprehensive, comparable, reliable, user-friendly and up- to-date information for end-users on the quality of their services and on measures taken to ensure equivalence in access for disabled end-users. That information shall, on request, be supplied to the national regulatory authority in advance of its publication. Interpersonal communication services shall inform the consumer, if the quality of services they provide depends on any external factors, such as network connectivity.

Amendment 613 #

Proposal for a directive
Article 97 – paragraph 1

1. National regulatory authorities may require providers of ~~internet access services and of~~ publicly available ~~number- based~~ interpersonal communications services to publish comprehensive, comparable, reliable, user-friendly and up- to-date information for end-users on the quality of their services and on measures taken to ensure equivalence in access for disabled end-users. That information shall, on request, be supplied to the national regulatory authority in advance of its publication. Measures of providers of publicly available interpersonal communications services to ensure quality of service shall respect net neutrality and shall be taken on a best effort basis.

Amendment 614 #

Andreas SCHWAB, Pascal ARIMONT, Antonio LÓPEZ-ISTÚRIZ WHITE, Eva MAYDELL

Proposal for a directive
Article 97 – paragraph 1

(1) National regulatory authorities may require providers of internet access services and of publicly available ~~number- based~~ interpersonal communications services to publish comprehensive, comparable, reliable, user-friendly and up- to-date information for end-users on the quality of their services and on measures taken to ensure equivalence in access for disabled end-users. That information shall, on request, be supplied to the national regulatory authority in advance of its publication.

Amendment 615 #

Proposal for a directive
Article 97 – paragraph 1

1. National regulatory authorities may require providers of internet access services and of publicly available number- based interpersonal communications services that control signal transmission to publish comprehensive, comparable, reliable, user-friendly and up- to-date information for end-users on the quality of their services and on measures taken to ensure equivalence in access for disabled end-users. That information shall, on request, be supplied to the national regulatory authority in advance of its publication.

Amendment 616 #

Proposal for a directive
Article 97 – paragraph 2 – subparagraph 1

National regulatory authorities shall specify, taking utmost account of BEREC guidelines, the quality of service parameters to be measured and the applicable measurement methods, and the content, form and manner of the information to be published, including possible quality certification mechanisms. Where appropriate, the parameters, definitions and measurement methods set out in Annex IX shall be used.deleted

Amendment 617 #

Proposal for a directive
Article 97 – paragraph 2 – subparagraph 1

National regulatory authorities shall specify, taking ~~utmost~~ account of any relevant BEREC guidelines, the quality of service parameters to be measured and the applicable measurement methods, and the content, form and manner of the information to be published, including possible quality certification mechanisms. Where appropriate, the parameters, definitions and measurement methods set out in Annex IX ~~shall~~may be used.

Amendment 618 #

Proposal for a directive
Article 97 – paragraph 2 – subparagraph 2

By [entry into force plus 18 months], in order to contribute to a consistent application of this paragraph, BEREC shall adopt, after consultation of stakeholders and in close cooperation with the Commission, guidelines on the relevant quality of service parameters, including parameters relevant for disabled end-users, the applicable measurement methods, the content and format of publication of the information, and quality certification mechanisms.deleted

Amendment 619 #

Proposal for a directive
Article 97 – paragraph 2 – subparagraph 2

Amendment 620 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 98 – paragraph 1 – subparagraph 1

Member States shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and ~~undertakings providing~~providers of publicly available electronic communications services, other than number-independent interpersonal communications services, do not mandate a~~n initial~~ commitment period longer than 24 months. Member States may adopt or maintain shorter maximum durations for the ~~initi~~contractual commitment period.

Amendment 621 #

Proposal for a directive
Article 98 – paragraph 1 – subparagraph 1

Member States shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers, and micro or small enterprises where appropriate, and undertakings providing publicly available electronic communications services, other than number-independent interpersonal communications services, do not mandate a~~n initial~~ commitment period longer than 24 months. Member States may adopt or maintain shorter maximum durations for the initial commitment period.

Amendment 622 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 98 – paragraph 1 – subparagraph 1 a (new)

Publicly available interpersonal communications service shall maintain the possibility to offer contracts to end- users without any specific termination date or fix duration, however for such contracts end-users shall be able to terminate the contract without any prior notice to the provider of publicly available interpersonal communication services.

Amendment 623 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 98 – paragraph 1 – subparagraph 2

This paragraph shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments for deployment of a physical connection to a very high capacity connectivity network up to or very close to end-user premises. However, the rights of consumers to switch between providers of electronic communications services, as established in this Directive, should not be restricted by such contracts linked to the deployment of very high capacity connectivity networks.

Amendment 624 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 98 – paragraph 2

2. Where a contract or national law provides for the possibility of a fixed duration contract to be automatically ~~prolonged, the Member State shall ensure that, after the expiration of the initial period and unless the consumer has explicitly agreed to the~~extended or renewed after the end of the contract, the Member State shall ensure that the consumer is properly informed and explicitly agrees to such extension or renewal and that the consumer has at least one month to oppose such automatic extension or renewal of the contract~~, consumers are entitled to~~ after the expiration of the initial period. The extended or renewed contract can be terminated by the con~~tract~~sumer at any time with ano more than one-month notice period and without incurring any costs except the cost of providing the service during the notice period.

Amendment 625 #

Proposal for a directive
Article 98 – paragraph 2

2. Where a contract or national law provides for a fixed duration contract to be automatically prolonged, the Member State shall ensure that, after the expiration of the initial period and unless the consumer has explicitly agreed to the extension ofwhen concluding the contract, consumers are entitled to terminate the contract ~~at any time with a one-month notice period and without incurring any costs except the cost of providing the service during the notice perio~~effective by the end of the prolongation period with a one-month notice period. Providers shall inform the consumer in a prominent way and by the same means as those normally used in their communications with consumers about the end of the initial contract duration reasonably before the contract is automatically prolonged.

Amendment 626 #

Proposal for a directive
Article 98 – paragraph 2

Amendment 627 #

Proposal for a directive
Article 98 – paragraph 2 – subparagraph 1 a (new)

This paragraph shall apply also to micro or small enterprises as end-users where they have agreed to apply those provisions.

Amendment 628 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 98 – paragraph 2 a (new)

2a. Subscription to one or more additional services offered by the provider of publicly available electronic communication services shall not re-start or extend the initial contract period unless the initial services or the additional services are offered at a special promotional price conditioned to the renewal of the existing contract, subject to the explicit previous agreement of the consumer to extend or renew the contract.

Amendment 629 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 98 – paragraph 2 b (new)

2b. Member States may extend the provisions of this Article to all end-users including not-for-profit organisations.

Amendment 630 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 98 – paragraph 3

3. End-users shall have the right to terminate their contract without incurring any costs upon receiving notice of changes in the contractual conditions proposed by the provider of publicly available electronic ~~communications services other than number-independent interpersonal communications services, unless the proposed changes are exclusively to the benefit of the end-user or they~~communications services, unless the proposed changes are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, anot le~~ast~~ss than one month in advance, 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. Member States shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end- user at the time of concluding the contract.

Amendment 631 #

Proposal for a directive
Article 98 – paragraph 3

3. 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 publicly available electronic communications ~~services other than number-independent interpersonal communications~~ services, unless the proposed changes are ~~exclusively to the benefit of~~not detrimental for the end-user or they are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least one month in advance, 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. Member States shall ensure that notification is made in a clear and comprehensible manner on a durable medium and ~~in a format chosen by the end-user at the time of concluding~~ by the same means as the provider ordinarily uses in its communications withe con~~tract~~sumers.

Amendment 632 #

Proposal for a directive
Article 98 – paragraph 3

3. End-users shall have the right to terminate their contract without incurring any costs upon notice of material changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number-independent interpersonal communications services, ~~unless~~where the proposed changes are ~~exclusive~~materially to the ~~benefi~~detriment of the end-user ~~or they~~, unless the proposed changes are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least one month in advance, 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. Member States shall ensure that notification is made in a clear and comprehensible manner oin a ~~durable medium and in a format chosen by the end-user~~format agreed at the time of concluding the contract or by the same means ats the ~~time of concluding~~provider ordinarily uses in its communications, which has been agreed with by the con~~tract~~sumer.

Amendment 633 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 98 – paragraph 3 a (new)

3a. Any significant discrepancy, continued or regularly recurring, between the actual performance of an electronic communication service and the performance indicated in the contract, shall be considered as non-conformity of performance for the purposes of triggering the remedies available to the consumer in accordance with national law, including the right to terminate the contract without any cost.

Amendment 634 #

Marlene MIZZI, Biljana BORZAN, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 98 – paragraph 4

4. ~~Where an early~~Consumers shall have the right to terminat~~ion of~~e a contract on a publicly available electronic communications service by the end-user is possible in accordance with this Directive, other provisions of Union law or national law, no compensation shall be due by the end-usgiving a one-month notice. No termination penalties shall be due. Where a compensation linked to subsidised terminal equipment bundled with the contract at the moment of the contract conclusion exists, the maximum compensation that consumers should pay shall be determined either on the~~r than for the pro rata temporis value of subsidised~~ remaining instalments for the terminal 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~~or on the remaining part of the service fee until the ~~mom~~entd of the contract ~~conclusion~~, whichever amount is smaller. 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.

Amendment 635 #

Proposal for a directive
Article 98 – paragraph 4

4. Where an early termination of a contract on a publicly available electronic communications service by the end-user is possible in accordance with this Directive, other provisions of Union law or national law, no compensation shall be due by the end-user other than for the pro rata temporis 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 including price advantages granted only in case of commitment to longer term contract durations. 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.

Amendment 636 #

Proposal for a directive
Article 98 – paragraph 4

4. Where an early termination of a contract on a publicly available electronic communications service by the end-user is possible in accordance with this Directive, other provisions of Union law or national law, no compensation shall be due by the end-user other than for the pro rata temporis value of subsidised equipment bundled with the contract at the moment of the contract conclusion ~~and~~or a pro rata temporis reimbursement for the recurring fees any other promotional advantages marked as such at the moment of the contract conclusion, or other methods of calculating early termination charges having similar effect as already applied in Member States. 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.

Amendment 637 #

Marlene MIZZI, Nicola DANTI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 98 – paragraph 4 a (new)

4a. Member States may maintain or introduce in their national law additional requirements to ensure a higher level of consumer protection in relation to contracts to which this Article applies.

Amendment 638 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 99 – title

~~Change of provider~~Switching and number portability

Amendment 639 #

Proposal for a directive
Article 99 – paragraph 1 – subparagraph 1

In case of switching between providers of internet access services, the providers concerned shall provide the end-user with adequate information before and during the switching process and ensure continuity of the service, insofar as the respective providers are capable of doing so. The receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end- user. TWhere mandated by the national regulatory authority, the transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated. Loss of service during the switching process shall not exceed ~~one working day~~the timeframe set the national regulatory authority to take into account the need to maintain continuity of services to the end users.

Amendment 640 #

Marlene MIZZI, Biljana BORZAN, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 99 – paragraph 1 – subparagraph 1

In case of switching between providers of internet access services and number-based interpersonal communication services, the providers concerned shall provide the end- user with adequate information before and during the switching process and ensure continuity of the service. The receiving provider shall lead the switching process to ensure that the activation of the service shall occur on the date agreed with the end- user. The transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated. Loss of service during the switching process shall not exceed one working day. National regulatory authorities shall ensure the efficient and simple switching process for the end-user.

Amendment 641 #

Proposal for a directive
Article 99 – paragraph 1 – subparagraph 1

In case of switching between providers of internet access services, the providers concerned shall provide the end-user with adequate information before and during the switching process and ensure continuity of the service. The receiving provider shall ensure that the activation of the service shall occur on the date and at the time of day expressly agreed with the end- user. The transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated. Loss of service during the switching process shall not exceed one working day.

Amendment 642 #

Marlene MIZZI, Biljana BORZAN, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 99 – paragraph 2

2. Member States shall ensure that all end-users with numbers from the national telephone numbering plan who so request ~~can~~shall have the right to retain their number(s) independently of the undertaking providing the service in accordance with the provisions of Part C of Annex VI.

Amendment 643 #

Proposal for a directive
Article 99 – paragraph 3

3. National regulatory authorities shall ensure that pricing between operators and/or service providers related to the provision of number portability is cost- oriented, and that ~~no direct~~where charges are applied to end-users these do not act as a disincentive towards changing service provider.

Amendment 644 #

Proposal for a directive
Article 99 – paragraph 5 – subparagraph 1

Porting of numbers and their subsequent activation shall be carried out within the shortest possible time. In any case, ~~end- us~~consumers who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day from the conclusion of such an agreement. , unless the end-user expressly requests a different delay. Or. en (see Amendment 125 of the Rapporteur)

Amendment 645 #

Proposal for a directive
Article 99 – paragraph 5 – subparagraph 1

Porting of numbers and their subsequent activation shall be carried out within the shortest possible time. In any case, end- users who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day from the conclusion of such an agreement. The transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated.

Amendment 646 #

Proposal for a directive
Article 99 – paragraph 5 – subparagraph 1 a (new)

This paragraph shall apply also to micro or small enterprises and not-for-profit organisations as end-users unless they have expressly agreed to waive all or parts of those provisions.

Amendment 647 #

Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2

~~The receiving provider shall lead the switching and porting process.~~ National regulatory authorities may establish the global process of switching and of porting of numbers, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to the end- user. In any event, loss of service during the process of porting shall not exceed one working day. In case of failure of the porting process, the transferring provider shall reactivate the number or service of the end-user ~~until the porting~~, on the same terms and conditions as the end-user was on prior to the switching process being initialised, until the porting or switching process is successful. National regulatory authorities shall also take appropriate measures ensuring that end-users are adequately informed and protected throughout the switching process and are not switched to another provider against their will.

Amendment 648 #

Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2

The receiving provider shall lead the switching and porting process. National regulatory authorities may establish the global process of switching and of porting of numbers, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to the end-user . Those provisions should allow users to change the assigned number without changing the associated SIM card. In any event, loss of service during the process of porting shall not exceed one working day. In case of failure of the porting process, the transferring provider shall reactivate the number of the end-user until the porting is successful . National regulatory authorities shall also take appropriate measures ensuring that end- users are adequately informed and protected throughout the switching process and are not switched to another provider against their will.

Amendment 649 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2

The receiving provider shall lead the switching and porting process. National regulatory authorities may establish the global process of switching and of porting of numbers, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to the end-user the necessary end-user protection throughout the switching process and the need to ensure the efficiency of such process for the end-user. In any event, loss of service during the process of porting shall not exceed one working day. In case of failure of the porting process, the transferring provider shall reactivate the number of the end-user until the porting is successful National regulatory authorities shall also take appropriate measures ensuring that end-users are adequately informed and protected throughout the switching process and are not switched to another provider against their will.

Amendment 650 #

Marlene MIZZI, Biljana BORZAN, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2 a (new)

The end-users' contracts with the transferring provider shall be terminated automatically upon conclusion of the switching process. Transferring providers shall refund any remaining credit to the consumers using pre-paid services.

Amendment 651 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Sabine VERHEYEN

Proposal for a directive
Article 99 – paragraph 6

6. Member States shall ensure that appropriate sanctions on undertakings are provided for, including an obligation to compensate end-users in case of delay in porting or abuse of porting by them or on their behalf. Such compensation should be proportional to the length of the delay or the nature of the abuse suffered by the end-user.

Amendment 652 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 99 – paragraph 6

6. Member States shall ensure that appropriate sanctions on undertakings are provided for, including an obligation to compensate end-users in case of delay in porting or abuse of porting including not making available information necessary for porting in a timely manner, by them or on their behalf.

Amendment 653 #

Proposal for a directive
Article 100 – paragraph 1

1. IfWhere a bundle of services or a bundle of services and goods offered to an end- user comprises at least a publicly available electronic communications service other than number-independent interpersonal communications services, Articles 95, 96 (1), 98 and 99 (1) shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end- useris offered to consumers Article 98 (1) and the information requirements listed in points (a) to (e) of Article 95(5) shall apply mutatis mutandis to all elements of the bundle. A bundle for the purpose of this article is to be understood as consisting of an internet access service and/or interpersonal communications service with different but complementary terminal equipment and services provided by the same provider either i) under the same contract, or ii) under the same and subordinate contracts or iii) under the same and under linked contracts provided for a single combined price.

Amendment 654 #

Proposal for a directive
Article 100 – paragraph 1

1. ~~If a~~A bundle of services or a bundle of services and goods offered to a~~n end- user comprises at least a publicly available electronic communications service other than n~~ consumer shall not prevent that consumber~~-independent interpersonal communications services, Articles 95, 96 (1), 98 and 99 (1) shall apply mutatis mutandis to all elements of the bundle~~ from obtaining separately all elements of the bundle under the same conditions except where the provisions applicable to another element of the bundle are more favourable to the end-user. Articles 95, 96 (1), 98 and 99 shall apply mutatis mutandis without impeding on the scope of this article.

Amendment 655 #

Proposal for a directive
Article 100 – paragraph 1

1. If a bundle of services or a bundle of services and goods offered to an end- user comprises at least a publicly available electronic communications service other than number-independent interpersonal communications services, Articles 95, 96 (1), 98 and 99 (1) shall apply mutatis mutandis to all elements of the bundle except where ~~the provisions applicable to ano~~, by virtue of the nature of ther element ~~of the bundle are more favourable to the end-user~~s comprising the bundle, Member States determine that this Article shall not apply.

Amendment 656 #

Proposal for a directive
Article 100 – paragraph 1

1. If a bundle of services or a bundle of services and ~~goods~~terminal equipment offered to an end- user comprises a~~t least a publicly available electronic communications service other than number-independent interpersonal communication~~n internet access services, Articles 95, 96 (1), 98 and 9~~9 (1)~~8 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end- user.

Amendment 657 #

Proposal for a directive
Article 100 – paragraph 1

1. If a bundle of services or a bundle of services and ~~goods~~terminal equipment offered to ~~an end- us~~consumers comprises ~~at least~~ a publicly available ~~electronic communications service other than number-independent~~internet access service or interpersonal communications services, Articles 9~~5, 96 (1), 98 and 99 (1) shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another~~8 (1) and the information requirements listed in points (a) to (e) of Article 95(5) shall apply mutatis mutandis to all elements of the bundle ~~are more favourable to the end-user~~.

Amendment 658 #

Marlene MIZZI, Kerstin WESTPHAL, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 100 – paragraph 1

1. If a bundle of services or a bundle of services and ~~goods~~terminal equipment offered to an end- user comprises at least a publicly available electronic communications service other than number-independent interpersonal communications services, Articles 95, 96 (1), 98 and 99 ~~(1)~~ shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end-user.

Amendment 659 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Antanas GUOGA, Eva MAYDELL

Proposal for a directive
Article 100 – paragraph 2

2. Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-started.deleted

Amendment 660 #

Proposal for a directive
Article 100 – paragraph 2

2. Any subscription to additional services or goods provided or distributed by the same provider of publicly available ~~electronic communications services other than number-independent interpersonal~~ communications services shall not re-start the ~~contract period of the~~ initial contract period unless the ~~additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-started~~consumer and provider have explicitly and legally agreed to it.

Amendment 661 #

Proposal for a directive
Article 100 – paragraph 2

2. Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services ~~other than number-independent interpersonal communications services~~ shall not re-start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-started.

Amendment 662 #

Marlene MIZZI, Virginie ROZIÈRE, Sergio GUTIÉRREZ PRIETO, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 100 – paragraph 2

2. Any subscription to additional services or ~~goods~~terminal equipment provided or distributed by the same provider of ~~publicly available electronic communications services other than number-independent interpersonal communication~~an internet access services shall not ~~re-start the contract period~~extend the term of the initial contract unless ~~the additional services or goods are offered at a special promotional price available only on~~explicitly agreed otherwise when subscribing to the ~~con~~addition ~~that the existing contract period is re-started~~al services or terminal equipment.

Amendment 663 #

Andreas SCHWAB, Pascal ARIMONT, Ivan ŠTEFANEC, Eva MAYDELL

Proposal for a directive
Article 100 – paragraph 2

(2) Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract unless the ~~additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-started~~provider and the consumer have agreed otherwise in accordance with existing law.

Amendment 664 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 100 – paragraph 2

2. Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract unless the consumer explicitly consents and the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-started.

Amendment 665 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 100 – paragraph 2 a (new)

2a. Providers of electronic communications services other than number independent interpersonal communications service shall give consumers the possibility to cancel or switch individual parts of the bundled contract.

Amendment 666 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 100 – paragraph 2 b (new)

2b. Member States may maintain or introduce in their national law additional requirements to ensure a higher level of consumer protection in relation to contracts to which this Article applies.

Amendment 667 #

Proposal for a directive
Article 102 – paragraph 1

1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones~~, are able to access the emergency services~~ and of private telecommunications networks , relay services and total conversation services, are able to access the emergency services or, where applicable the internal emergency services, through emergency communications free of charge and without having to use any means of payment, pre- registration or pre-installation, by using the single European emergency number ‘112’ and any national emergency number specified by Member States.

Amendment 668 #

Lambert van NISTELROOIJ, Ádám KÓSA, Carlos COELHO, Roberta METSOLA, Mihai ŢURCANU, Antanas GUOGA, Antonio LÓPEZ-ISTÚRIZ WHITE, Ramón Luis VALCÁRCEL SISO, Birgit COLLIN-LANGEN, Eva MAYDELL

Proposal for a directive
Article 102 – paragraph 1

1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, ~~are able to access the emergency services~~relay services and total conversation services, are able to access the emergency services, or where applicable, the internal emergency services, through emergency communications free of charge and without having to use any means of payment, pre- registration or pre-installation, by using the single European emergency number ‘112’ and any national emergency number specified by Member States.

Amendment 669 #

Proposal for a directive
Article 102 – paragraph 1

1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones~~, are able to access the emergency services~~ and of private electronic communication networks, are able to access the emergency services, or, where applicable, the internal emergency services, through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number ‘'112’' and any national emergency number specified by Member States.

Amendment 670 #

Proposal for a directive
Article 102 – paragraph 1

1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, relay services and total conversation services, are able to access the emergency services through emergency communications free of charge and without having to use any means of payment, pre- registration or pre-installation, by using the single European emergency number ‘'112’' and any national emergency number specified by Member States.

Amendment 671 #

Andreas SCHWAB, Pascal ARIMONT, Dieter-Lebrecht KOCH, Eva MAYDELL

Proposal for a directive
Article 102 – paragraph 1

1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, are able to access the emergency services, or, where applicable, the internal emergency services, through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number ‘112’ and any national emergency number specified by Member States.

Amendment 672 #

Proposal for a directive
Article 102 – paragraph 1

(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 to whom internal emergency numbers are available, are able to access the emergency services through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number ‘112’ and any national emergency number specified by Member States.

Amendment 673 #

Proposal for a directive
Article 102 – paragraph 1

1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, where available, are able to ~~access~~call the emergency voice services through emergency voice communications free of charge and without having to use any means of payment, by using the single European emergency number ‘'112’' and any national emergency number specified by Member States.

Amendment 674 #

Lambert van NISTELROOIJ, Ádám KÓSA, Carlos COELHO, Roberta METSOLA, Mihai ŢURCANU, Antanas GUOGA, Antonio LÓPEZ-ISTÚRIZ WHITE, Ramón Luis VALCÁRCEL SISO, Birgit COLLIN-LANGEN

Proposal for a directive
Article 102 – paragraph 2

2. Member States, in consultation with national regulatory authorities and emergency services and providers of electronic communications services, shall ensure that undertakings providing end- users with number-based interpersonal communications service, where that service allows end-users to originate national calls to a number in a national telephone numbering plan, provide access to emergency services through emergency communications to the most appropriate PSAP~~. In case of an appreciable threat to effective access to emergency services the oblig~~ to the extent such access can reasonably be provided using location infor ~~undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).~~ mation that is available to number- based interpersonal communications service providers and in a manner that is consistent with Member States' emergency calling infrastructures.

Amendment 675 #

Proposal for a directive
Article 102 – paragraph 2

2. Member States, in consultation with national regulatory authorities ~~and~~, emergency services and providers of electronic communications services, shall ensure that undertakings providing end- users with number-based interpersonal communications service for originating communications to a number in a national telephone numbering plan provide access to emergency services through emergency communications to the most appropriate PSAP~~. In case of an appreciable threat to effective access to emergency services the oblig~~ to the extent such emergency communications can reasonably be provided using location infor ~~undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c)~~mation that is available to number- based interpersonal communications service providers and in a manner that is consistent with the Member State's existing emergency calling infrastructure.

Amendment 676 #

Marlene MIZZI, Virginie ROZIÈRE, Olga SEHNALOVÁ, Sergio GUTIÉRREZ PRIETO, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 102 – paragraph 2

2. Member States, in consultation with national regulatory authorities and emergency services and providers of electronic communications services, shall ensure that undertakings providing end- users with number-based interpersonal communications service provide access to emergency services through emergency communications including where technically feasible through total conversation services, to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the obligation for undertakings if technically feasible may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c). Prior to extending the scope to all interpersonal communication services, the Commission, shall assess in close consultation with industry, Member States PSAPs, standardisation bodies and other relevant stakeholders, the feasibility to provide accurate and reliable access to emergency service, including location data, and of the Public Safety Answering Points to be capable of receiving such communications through number- independent interpersonal communications services.

Amendment 677 #

Proposal for a directive
Article 102 – paragraph 2

2. Member States, in consultation with national regulatory authorities and emergency services and providers of electronic communications services, shall conduct all necessary preparations and ensure that undertakings providing end- users with publicly available number- based interpersonal communications service provide access to voice emergency services through emergency voice communications to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency voice services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).

Amendment 678 #

Proposal for a directive
Article 102 – paragraph 2

Amendment 679 #

Proposal for a directive
Article 102 – paragraph 2

Amendment 680 #

Carlos COELHO, Birgit COLLIN-LANGEN

Proposal for a directive
Article 102 – paragraph 2 a (new)

2a. Providers of number-independent interpersonal communications services must inform end-users if they do not provide access to emergency services or the transfer of emergency communications to number-based interpersonal communications services on the same device.

Amendment 681 #

Proposal for a directive
Article 102 – paragraph 3

3. Member States shall ensure that all emergency communications to the single European emergency number ‘112’ are appropriately answered and handled in the manner best suited to the national organisation of emergency systems, considering the need to answer in a multilingual manner. Such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency number or numbers, where these continue to be in use.

Amendment 682 #

Andreas SCHWAB, Pascal ARIMONT, Dieter-Lebrecht KOCH, Lambert van NISTELROOIJ, Eva MAYDELL

Proposal for a directive
Article 102 – paragraph 3

Amendment 683 #

Proposal for a directive
Article 102 – paragraph 3

(3) Member States shall ensure that all emergency communications to the single European emergency number ‘112’ are appropriately answered and handled in the manner best suited to the national organisation of emergency systems, taking account of the need to provide a multilingual answering service for such calls. Such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency number or numbers, where these continue to be in use.

Amendment 684 #

Proposal for a directive
Article 102 – paragraph 3

Amendment 685 #

Marlene MIZZI, Nicola DANTI, Virginie ROZIÈRE, Sergio GUTIÉRREZ PRIETO, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 102 – paragraph 3

3. Member States shall ensure that all emergency communications to the single European emergency number ‘112’ are appropriately answered and handled in the manner best suited to the national organisation of emergency systems considering the need to answer in a multilingual manner. Such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency number or numbers, where these continue to be in use.

Amendment 686 #

Carlos COELHO, Birgit COLLIN-LANGEN

Proposal for a directive
Article 102 – paragraph 3

3. Member States shall ensure that all ~~emergency communication~~voice calls to the single European emergency number ‘'112’' are appropriately answered and handled in the manner best suited to the national organisation of emergency systems. Such ~~emergency communication~~calls shall be answered and handled at least as expeditiously and effectively as ~~emergency communication~~calls to the national emergency number or numbers, where these continue to be in use.

Amendment 687 #

Proposal for a directive
Article 102 – paragraph 3 – subparagraph 1 a (new)

The Commission, in consultation with the relevant competent authorities, shall adopt a recommendation on performance indicators for Member States. Every two years, the Commission shall submit a report on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators. The first such report shall be submitted to the European Parliament and the Council by 1 July 2019

Amendment 688 #

Proposal for a directive
Article 102 – paragraph 3 – subparagraph 1 a (new)

The Commission, in consultation, with the relevant competent authorities, shall adopt a recommendation on performance indicators for Member States. The Commission shall every two years submit a report on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators. The first such report shall be submitted to the European Parliament and the Council by [DATE].

Amendment 689 #

Marlene MIZZI, Virginie ROZIÈRE, Sergio GUTIÉRREZ PRIETO, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 102 – paragraph 3 – subparagraph 1 a (new)

The Commission, in consultation with the relevant competent authorities shall adopt a recommendation on performance indicators for Member States. The Commission shall report on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators every two years.

Amendment 690 #

Proposal for a directive
Article 102 – paragraph 3 a (new)

3a. The Commission, having consulted the national regulatory authorities and emergency services, shall adopt performance indicators applicable to the Member States emergency services. The Commission shall every two years submit a report to the European Parliament and the Council on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators.

Amendment 691 #

Andreas SCHWAB, Pascal ARIMONT, Dieter-Lebrecht KOCH, Lambert van NISTELROOIJ, Eva MAYDELL

Proposal for a directive
Article 102 – paragraph 3 a (new)

(3a) The Commission, acting in coordination with the relevant competent authorities, shall adopt a recommendation on performance indicators for the Member States and shall, by (...) and thereafter every two years, forward to the European Parliament and the Council reports on the effectiveness of the use of the European emergency number ‘112’ and the functioning of the performance indicators.

Amendment 692 #

Proposal for a directive
Article 102 – paragraph 4

4. Member States shall ensure that access for disabled end-users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end-users~~. Measures taken to ensure that disabled end-users are able to access emergency services through~~ , including through total conversation services and available third party relay services {conversational communication services}. The Commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end-users with disabilities can access emergency services on an equal basis with others, whilst travelling in other Member~~gency communications whilst travelling in other~~ State, in particular through the use of total conversation services and available relay services. These measures shall ensure interoperability across Member States and shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 39, and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article.

Amendment 693 #

Proposal for a directive
Article 102 – paragraph 4

4. Member States shall ensure that access for ~~disabled end-user~~end-users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end-users~~. Measures taken to ensure that disabled end-users are able to access emergency services through~~ , including through total conversation services and available third party relay services (conversational communication services). The Commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end-users with disabilities can access emergency services on equal basis with others, whilst travelling in other Member~~gency communications whilst travelling in o~~ State, in particular through the use of total conversation services and available relay services. These measures shall ensure interoperability across ther Member States and shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 39, and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article.

Amendment 694 #

Marlene MIZZI, Virginie ROZIÈRE, Olga SEHNALOVÁ, Sergio GUTIÉRREZ PRIETO, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 102 – paragraph 4

4. Member States shall ensure that access for ~~disabled end-user~~end-users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end-users~~. Measures taken to ensure that disabled end-users are able to access emergency services through~~ including through total conversation services and available third party relay services. The Commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end-users with disabilities can access emergency services on equal basis with other end-users whilst travelling in other Member~~gency communications whilst travelling in o~~ States in particular through the use of total conversation services and available relay services. These measures shall ensure interoperability across ther Member States and shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 39, and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article.

Amendment 695 #

Carlos COELHO, Dariusz ROSATI

Proposal for a directive
Article 102 – paragraph 4

4. Member States shall ensure that access for disabled end-users to emergency services is available through ~~emergency communication~~calls and is equivalent to that enjoyed by other end- users. Measures taken to ensure that disabled end-users are able to access emergency services ~~through emergency communications~~ 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 39~~, and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article.~~

Amendment 696 #

Proposal for a directive
Article 102 – paragraph 4 – subparagraph 1 a (new)

Member States shall make sure that citizens and visitors are adequately informed on their mobile phone about the means for disabled end-users to reach the emergency services, especially when travelling to other countries.

Amendment 697 #

Proposal for a directive
Article 102 – paragraph 4 – subparagraph 1 a (new)

Amendment 698 #

Proposal for a directive
Article 102 – paragraph 4 a (new)

4a. In accordance with the European Parliament resolution of 7 July 2016 on the implementation of the UN Convention on the Rights of Persons with Disabilities, with special regard to the Concluding Observations of the UN CRPD Committee (2015/2258(INI)), Member States shall ensure that accurate location information of disabled citizens contacting the emergency services is made available to the PSAP.

Amendment 699 #

Marlene MIZZI, Virginie ROZIÈRE, Olga SEHNALOVÁ, Sergio GUTIÉRREZ PRIETO, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 102 – paragraph 5

5. Member States shall ensure that caller location information which includes both network based location information and where available enhanced handset caller location information is available to the PSAP without delay after the emergency communication is set up. Member States shall ensure that the establishment and the transmission of the caller location information respect data privacy and security rules and are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’, including calls from private telecommunications networks and roaming calls. Member States may extend that obligation to cover emergency communications to national emergency numbers. ~~Competent regulatory authorities shall lay~~By 6 months after the entry into force of the Directive at the latest, BEREC, having consulted the stakeholders and in close collaboration with the Commission, shall set up guidelines laying down the criteria for the accuracy and reliability of the caller location information to be provided. to the emergency services in order to improve the accuracy and reliability of the caller location information of a 112 call.

Amendment 700 #

Proposal for a directive
Article 102 – paragraph 5

5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and handset-derived caller location information, if available. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.

Amendment 701 #

Lambert van NISTELROOIJ, Ádám KÓSA, Carlos COELHO, Roberta METSOLA, Mihai ŢURCANU, Antanas GUOGA, Antonio LÓPEZ-ISTÚRIZ WHITE, Ramón Luis VALCÁRCEL SISO, Birgit COLLIN-LANGEN, Eva MAYDELL

Proposal for a directive
Article 102 – paragraph 5

5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and if available, handset- derived caller location information. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.

Amendment 702 #

Proposal for a directive
Article 102 – paragraph 5

5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and if available, handset- derived caller location information. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘'112’'. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.

Amendment 703 #

Andreas SCHWAB, Pascal ARIMONT, Dieter-Lebrecht KOCH, Eva MAYDELL

Proposal for a directive
Article 102 – paragraph 5

5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and if available, handset- derived caller location information. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.

Amendment 704 #

Proposal for a directive
Article 102 – paragraph 5

(5) Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and device location information, if available. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end- user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.

Amendment 705 #

Proposal for a directive
Article 102 – paragraph 5

5. Member States shall ensure that caller location information is made available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and, where technically feasible, handset-derived caller location information. Member States shall ensure that the establishment and the transmission of the ~~call~~end-user location information are free of charge for the end-user and to the ~~authority handling the emergency communication~~PSAP with regard to all emergency communications to the single European emergency number ‘'112’'. ~~Member States may extend that obligation to cover emergency communications to national emergency numbers. C~~This shall not prevent competent regulatory authorities ~~shall~~from laying down criteria for the accuracy and reliability of the caller location information provided. Or. en (See Amendment 138 of the Rapporteur)

Amendment 706 #

Proposal for a directive
Article 102 – paragraph 5

5. Member States shall ensure that caller location information is available to the most appropriate PSAP without delay after the ~~emergency communication~~call is set up. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end- user and to the authority handling the ~~emergency communication with regard to all emergency communication~~call with regard to all calls to the single European emergency number ‘'112’'. Member States may extend that obligation to cover ~~emergency communication~~calls to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.

Amendment 707 #

Marlene MIZZI, Nicola DANTI, Virginie ROZIÈRE, Olga SEHNALOVÁ, Sergio GUTIÉRREZ PRIETO, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 102 – paragraph 6

6. Member States and the Commission shall ensure that citizens are adequately informed about the existence and use of the single European emergency number ‘112’, as well as its accessibility features, including in particular through initiatives specifically targeting persons travelling between Member States. and persons with disabilities. The Commission shall support and supplement the actions of Member States.

Amendment 708 #

Carlos COELHO, Dariusz ROSATI

Proposal for a directive
Article 102 – paragraph 6

6. Member States shall ensure that citizens are adequately informed about the existence and use of the single European emergency number ‘112’, ~~in particular~~as well as its accessibility features, including through initiatives specifically targeting persons travelling between Member States, and persons with disabilities. The Commission shall support and complement Member States’ action.

Amendment 709 #

Proposal for a directive
Article 102 – paragraph 6

6. Member States shall ensure that citizens are adequately informed about the existence and use of the single European emergency number ‘112’, in particular through initiatives specifically targeting persons travelling between Member States. The Commission shall support and complement Member States' action.

Amendment 710 #

Proposal for a directive
Article 102 – paragraph 6

Amendment 711 #

Carlos COELHO, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a directive
Article 102 – paragraph 6

6. Member States shall ensure that citizens are adequately informed about the existence and use of the single European emergency call number ‘'112’', ~~in particular~~as well as its accessibility features, including through initiatives specifically targeting persons travelling between Member States. and persons with disabilities.

Amendment 712 #

Proposal for a directive
Article 102 – paragraph 6 – subparagraph 1 a (new)

That information shall be ensured for persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities, including sign languages, Braille, augmentative and alternative communication and other accessible means.

Amendment 713 #

Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1

In order to ensure effective access to voice emergency services through ~~emergency communication~~calls to ‘'112’' services in the Member States, the Commission, shall be empowered to adopt delegated acts in accordance with Article 109 on the measures necessary to ensure the compatibility, interoperability, quality, reliability and continuity of voice emergency communications in the Union with regard to caller location solutions, access for disabled end-users and routing to the most appropriate PSAP.

Amendment 714 #

Marlene MIZZI, Virginie ROZIÈRE, Sergio GUTIÉRREZ PRIETO, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1

In order to ensure effective access to emergency services through emergency communications to ‘112’ services in the Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 109 on the measures necessary to ensure the compatibility, interoperability, quality, reliability and continuity of emergency communications in the Union with regard to caller location solutions, access for disabled end-users, accessibility for persons with disabilities and routing to the most appropriate PSAP.

Amendment 715 #

Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1

In order to ensure effective access to emergency services through emergency communications to ‘112’ services in the Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 109 on the measures necessary to ensure the compatibility, interoperability, quality, reliability and continuity of emergency communications in the Union with regard to caller location solutions, access for ~~disabled end-user~~end- users and accessibility for persons with disabilities and routing to the most appropriate PSAP.

Amendment 716 #

Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1

In order to ensure effective access to emergency services through emergency communications to ‘112’ services in the Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 109 on the measures necessary to ensure the compatibility, interoperability, quality, reliability and continuity of emergency communications in the Union with regard to caller location solutions, access for ~~disabled end-users~~end- users, accessibility for persons with disabilities, and routing to the most appropriate PSAP.

Amendment 717 #

Marlene MIZZI, Virginie ROZIÈRE, Sergio GUTIÉRREZ PRIETO, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1 a (new)

The Commission shall maintain a database of E.164 numbers of European emergency services to ensure that they are able to contact each other from one Member State to another.

Amendment 718 #

Proposal for a directive
Article 102 – paragraph 7 – subparagraph 2 a (new)

The Commission shall maintain a secure database of E.164 European emergency service numbers in order to ensure that they can be contacted from any other Member State.

Amendment 719 #

Lambert van NISTELROOIJ, Ádám KÓSA, Carlos COELHO, Roberta METSOLA, Mihai ŢURCANU, Antanas GUOGA, Antonio LÓPEZ-ISTÚRIZ WHITE, Ramón Luis VALCÁRCEL SISO

Proposal for a directive
Article 102 – paragraph 7 a (new)

7a. The Commission shall maintain a database of E.164 numbers of European emergency services to ensure that they are able to contact each other from one Member State to another.

Amendment 720 #

Anneleen VAN BOSSUYT, Daniel DALTON, Vicky FORD

Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1 b (new)

Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient "Reverse-112" communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.

Amendment 721 #

Proposal for a directive
Article 102 – paragraph 7 a (new)

7a. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient 'Reverse- 112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.

Amendment 722 #

Lambert van NISTELROOIJ, Ádám KÓSA, Carlos COELHO, Roberta METSOLA, Mihai ŢURCANU, Antanas GUOGA, Antonio LÓPEZ-ISTÚRIZ WHITE, Ramón Luis VALCÁRCEL SISO, Birgit COLLIN-LANGEN, Andreas SCHWAB, Pascal ARIMONT, Eva MAYDELL

Proposal for a directive
Article 102 – paragraph 7 a (new)

7a. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient "reverse- 112" communication system, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.

Amendment 723 #

Proposal for a directive
Article 102 – paragraph 7 b (new)

7b. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient 'Reverse- 112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.

Amendment 724 #

Marlene MIZZI, Sergio GUTIÉRREZ PRIETO, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 102 a (new)

Article 102a Reverse "112" system 1. Member States shall ensure, through the use of electronic communications networks and services, the establishment of national efficient 'Reverse-112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy and data protection rules. 2. No later than [1 year after the transposition deadline] the Commission shall submit a report to the European Parliament and the Council on the feasibility of setting up universal, accessible, cross-border EU-wide "Reverse 112 communication system" utilising existing electronic communication networks and services in order to alert the public in the event of an imminent or developing disaster or major state of emergency across different Member States. 3. The Commission, having consulted BEREC and civil defence services, shall, no later than (two years after the entry into force of this Directive), lay down the specifications necessary for the setting up of EU wide reverse system referred to in paragraph 2, while taking into account existing national and regional systems and complying with legislation on the protection of private data.

Amendment 725 #

Proposal for a directive
Article 103 – paragraph 1 – introductory part

1. Member States shall ensure that the competent authorities specify~~, where appropriate,~~ requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end-users:

Amendment 726 #

Marlene MIZZI, Olga SEHNALOVÁ, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 103 – paragraph 1 – introductory part

1. Member States shall ensure that the competent authorities specify, where appropriate and after consulting with representative organizations of persons with disabilities, requirements to be met by undertakings providing publicly available electronic communications services to ensure that ~~disabled end-user~~end-users with disabilities:

Amendment 727 #

Proposal for a directive
Article 103 – paragraph 1 – introductory part

1. Member States shall ensure that the competent authorities specify, where appropriate, and after consulting with representative organisations of persons with disabilities, requirements to be met by undertakings providing publicly available electronic communications services to ensure that ~~disabled end-user~~end-users with disabilities:

Amendment 728 #

Marlene MIZZI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 103 – paragraph 1 – point a

(a) have access to electronic communications services equivalent to that enjoyed by the majority of end-users; ~~and~~

Amendment 729 #

Marlene MIZZI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 103 – paragraph 1 – point a a (new)

(aa) enjoy, on an equal basis with others, cross border two-way communications across Member States by voice, video and real-time text, singly or in combination in the same call (Total Conversation services), namely on number-based interpersonal communications services;

Amendment 730 #

Proposal for a directive
Article 103 – paragraph 1 – point a a (new)

(aa) enjoy, on an equal basis with others, cross border conversational communications across Member States by voice, video and real time text, singly or in combination in the same call (Total Conversation services), namely on number-based interpersonal communication services

Amendment 731 #

Marlene MIZZI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 103 – paragraph 1 – point a b (new)

(ab) can make use of text based relay services and video based relay service, within the entire territory of the Member State and continuously, and that these relay services are interoperable with telephony services across the EU;

Amendment 732 #

Proposal for a directive
Article 103 – paragraph 1 – point a b (new)

(ab) can make use of text based relay services and video based relay service, within the entire territory of the Member state and continuously, and that these relay services are interoperable with telephony services across the EU.

Amendment 733 #

Marlene MIZZI, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 103 – paragraph 2

2. In taking the measures referred to in paragraph 1, Member States shall en~~courag~~sure compliance with the relevant accessibility and interoperability standards or specifications published in accordance with Article 39.

Amendment 734 #

Proposal for a directive
Article 103 – paragraph 2

Amendment 735 #

Proposal for a directive
Article 104 – paragraph 1

1. Member States shall ensure that all undertakings ~~which assign telephone numbers to end-user~~providing voice communication services meet all reasonable requests to make available, for the purposes of the provision of publicly available directory enquiry services and directories, the relevant information in an agreed format on terms which are fair, objective, cost oriented and non- discriminatory.

Amendment 736 #

Marlene MIZZI, Arndt KOHN, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 105 – title

Interoperability of consumer radio and digital television equipment

Amendment 737 #

Proposal for a directive
Article 105 – title

Interoperability of consumer radio and digital television equipment

Amendment 738 #

Proposal for a directive
Article 105 – paragraph 1

In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.

Amendment 739 #

Marlene MIZZI, Arndt KOHN, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 105 – paragraph 1

In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.

Amendment 740 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Article 105 – paragraph 1 a (new)

Providers of digital television services shall ensure interoperability of terminal equipment so that where technically feasible the terminal equipment is reusable with other providers and if this is not consumers need to be given the possibility through a free and easy process to return the terminal equipment.

Amendment 741 #

Proposal for a directive
Article 105 – paragraph 1 a (new)

In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio equipment referred to therein.

Amendment 742 #

Proposal for a directive
Article 106 – title

‘Must carry’ obligations and 'must offer' entitlements

Amendment 743 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States ~~may~~shall impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access ~~for disabled end-user~~to content and electronic programming guide for end-users with disabilities and data supporting connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 744 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States ~~may~~shall impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access ~~for disabled end-user~~to content and electronic programming guides for end-users with disabilities and data supporting connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 745 #

Lambert van NISTELROOIJ, Mihai ŢURCANU, Sabine VERHEYEN

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and ~~television broadcast channel~~audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and ~~data supporting connected TV services and~~obligations enabling access for end-users to connected TV services and to the specified services on electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or ~~television broadcast channel~~audiovisual media services to the public where a significant number of end- users of such networks use them ~~as their principal means to receive radio and television broadcast channels~~to receive radio and audiovisual media services. Member States may impose reasonable 'must offer' entitlements, in respect of specified radio and audiovisual media services of general interest, to the benefit of undertakings subject to must-carry obligations under their jurisdiction. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 746 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channels and the related complementary ~~services, particularly~~ accessibility services tohat enable appropriate access for disabled end-users ~~and data supporting connected TV services and electronic programme guides,~~ on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channels. ~~Such obligations~~Member States who impose 'must carry' obligations may also impose reasonable 'must offer' entitlements as regards specified radio and television broadcast channels of general interest on undertakings under their jurisdiction holding the relevant rights. 'Must carry' obligations referred to in the first subparagraph shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 747 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them ~~as their principal means~~ to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 748 #

Marlene MIZZI, Nicola DANTI, Liisa JAAKONSAARI, Arndt KOHN, Virginie ROZIÈRE, Olga SEHNALOVÁ, Maria GRAPINI, Marc TARABELLA, Evelyne GEBHARDT

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and ~~television broadcast channel~~audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access ~~for disabled end-users and data supporting~~to content and electronic programming guides for end-users with disabilities and data supporting and enabling end-users access to connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or ~~television broadcast channel~~audiovisual media services to the public where a significant number of end- users of such networks ~~use them as their principal means to receive radio and television broadcast channel~~and services use them to receive radio and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 749 #

Andreas SCHWAB, Pascal ARIMONT

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and the related ~~complementary services, particularly~~ accessibility services to enable appropriate access for disabled end-users ~~and data supporting connected TV services and electronic programme guides~~, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 750 #

Lucy ANDERSON

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and ~~television broadcast channel~~audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and ~~data supporting connected TV services and~~obligations enabling access for end-users to connected TV services and to the specified services on electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or ~~television broadcast channel~~audiovisual media services to the public where a significant number of end- users of such networks ~~use them as their principal means to receive radio and television broadcast channel~~and services use them to receive radio and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 751 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks and services use them as their principal means to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 752 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘'must carry’' obligations, for the transmission of ~~specified~~ radio and television broadcast channels ~~and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guide~~of general interest, which have a specifically high importance for the individual and public formation of opinions, and accessibility services to enable appropriate access for disabled consumers, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 753 #

Lambert van NISTELROOIJ, Mihai ŢURCANU

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 2

The obligations referred to in the first and second subparagraphs shall be reviewed by the Member States at the latest within one year of [date of entry into force of this Directive], except where Member States have carried out such a review within the previous four years.

Amendment 754 #

Proposal for a directive
Article 106 – paragraph 2

2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks~~. Where~~ and services. If remuneration is provided for, which Member States shall ~~ensure that it~~regulate in national law (including the amount of payment), such remuneration is applied in a proportionate and transparent manner.

Amendment 755 #

Arndt KOHN, Evelyne GEBHARDT, Kerstin WESTPHAL

Proposal for a directive
Article 106 – paragraph 2

(2) Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks. Where remuneration is to be provided for, the requirement for remuneration and its level shall be laid down by law and Member States shall ensure that it is applied in a proportionate and transparent manner.

Amendment 756 #

Proposal for a directive
Article 106 – paragraph 2

2. ~~Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of~~ Member States toshall determine appropriate remuneration~~, if any,~~ in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.

Amendment 757 #

Marlene MIZZI, Nicola DANTI, Liisa JAAKONSAARI, Arndt KOHN, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 106 – paragraph 2

Amendment 758 #

Andreas SCHWAB, Pascal ARIMONT

Proposal for a directive
Article 106 – paragraph 2

Amendment 759 #

Proposal for a directive
Article 106 – paragraph 2

(2) Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.

Amendment 760 #

Marlene MIZZI, Virginie ROZIÈRE, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Article 107 – paragraph 2

2. A Member State ~~shall~~may decide to waive paragraph 1 in all or part of its territory if it considers, after taking into account the views of interested parties, that there is sufficient access to these facilities.

Amendment 761 #

Proposal for a directive
Article 107 – paragraph 2

2. A Member State ~~shall~~may waive paragraph 1 in all or part of its territory if it considers, after taking into account the views of interested parties, that there is sufficient access to these facilities.

Amendment 762 #

Proposal for a directive
Article 108 – paragraph 1

The Commission is empowered to adopt delegated acts in accordance with Article 109 concerning the adaptations of Annexes V, VI, ~~VIII,~~ IX, and X in order to take account of technological and social developments or changes in market demand The Commission shall ensure that relevant stakeholders are consulted prior to the adoption of delegated acts.

Amendment 763 #

Proposal for a directive
Annex I – part A – point 4

4. Enabling of legal interception by competent national authorities in conformity with Directive 2002/58/EC and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data54. __________________ 54 OJ L 281, 23.11.1995, p. 31.deleted

Amendment 764 #

Proposal for a directive
Annex II – part 2 – point b a (new)

(ba) Access to graphical user interfaces (GUI)

Amendment 765 #

Marlene MIZZI, Kerstin WESTPHAL, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON, Evelyne GEBHARDT

Proposal for a directive
Annex V

~~Annex V LIST OF SERVICES WHICH THE FUNCTIONAL INTERNET ACCESS SERVICE SHALL BE CAPABLE OF SUPPORTING IN ACCORDANCE WITH ARTICLE 79(2) (1) (2) and f~~deleted E-mail search engines enabling search basic trainding ~~of all type of inform~~and education ~~(3)~~ online ~~tools (4) (5) online (6) t~~newspapers/news buying/ordering goolds ~~(7) (8) (9) (10) social media and instant messaging (11) calls and video calls (standard quality)~~or services job searching and job searching professional networking internet banking eGovernment service use

Amendment 766 #

Proposal for a directive
Annex V

Annex V LIST OF SERVICES WHICH THE FUNCTIONAL INTERNET ACCESS SERVICE SHALL BE CAPABLE OF SUPPORTING IN ACCORDANCE WITH ARTICLE 79(2) (1) (2) search engines enabling search and finding of all type of information (3) basic training and education online tools (4) (5) buying/ordering goods or services online (6) tools (7) (8) (9) (10) social media and instant messaging (11) calls and video calls (standard quality)deleted E-mail online newspapers/news job searching and job searching professional networking internet banking eGovernment service use

Amendment 767 #

Proposal for a directive
Annex V

Amendment 768 #

Proposal for a directive
Annex V – point 11 a (new)

(11a) Total conversation services

Amendment 769 #

Proposal for a directive
Annex V – point 11 a (new)

(11a) audiovisual media services

Amendment 770 #

Proposal for a directive
Annex VI – part B – paragraph 3 – subparagraph 1a (new)

National regulatory authorities may require operators to provide calling-line identification (CLI) free of charge.

Amendment 771 #

Proposal for a directive
Annex VII – subheading 1

CALCULATING THE NET COST, IF ANY, OF UNIVERSAL SERVICE OBLIGATIONS AND ESTABLISHING ANY RECOVERY OR SHARING MECHANISM IN ACCORDANCE WITH ARTICLES 84 AND 85

Amendment 772 #

Proposal for a directive
Annex VII – subheading 1 a (new)

PART A: CALCULATION OF NET COST

Amendment 773 #

Proposal for a directive
Annex VII – paragraph 3 – subparagraph 2 a (new)

Amendment 774 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Annex VIII – point 2 – point 2.5

2.5. Provide end-users with information on access to emergency services and caller location. If the undertaking is a provider of number-based interpersonal communications services, information on access to or on any limitations on the provision of emergency services and caller location information.

Amendment 775 #

Proposal for a directive
Annex IX – paragraph 4 a (new)

Latency (Delay) (this is added to Amendment 162) Or. en (See 162 of the Rapporteur)

Amendment 776 #

Proposal for a directive
Annex X – subheading 1

INTEROPERABILITY OF ~~DIGITAL~~ CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105

Amendment 777 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Annex X – subheading 1

INTEROPERABILITY OF ~~DIGITAL~~ CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105

Amendment 778 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Annex X – part 2 – paragraph 1

Any digital television set with an integral screen of visible diagonal greater than 30 cm which is put on the market for sale or rent in the Union is to be fitted with at least one open interface socket (either standardised by, or conforming to a standard adopted by, a recognised European standards organisation, or conforming to an industry-wide specification) permitting simple connection of peripherals, and able to pass all relevant elements of a digital television signal, including information relating to interactive and conditionally accessed services. Terminal equipment of digital television sets needs to be interoperable where technically feasible so that it can be easily reusable with other providers.

Amendment 779 #

Proposal for a directive
Annex X – part 2 – paragraph 1 – point 1 (new)

(1) INTEROPERABILITY FOR ANALOGUE AND DIGITAL RADIO RECEIVING DEVICES All consumer equipment enabling the reception of radio and/or audio signals made available in the Community, is to possess the capability to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks

Amendment 780 #

Marlene MIZZI, Maria GRAPINI, Marc TARABELLA, Lucy ANDERSON

Proposal for a directive
Annex X – part 2 a (new)

Amendment 781 #