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European Parliament2014-2019

Committee on the Internal Market and Consumer Protection

2016/0288(COD)

12.5.2017

AMENDMENTS302 - 535Draft opinionDita Charanzová(PE602.838v01-00)

European Electronic Communications Code (Recast)

Proposal for a directive(COM(2016)0590 – C8-0379/2016 – 2016/0288(COD))

AM\1125738XM.docx PE604.694v01-00

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AM_Com_LegOpinion

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Amendment 302Lucy AndersonProposal for a directiveArticle 1 – paragraph 2 – subparagraph 2

Text proposed by the Commission Amendment

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 users, are not satisfactorily met by the market and to lay down the necessary end-user rights.

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 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.

Or. en

Amendment 303Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 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 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.

Or. en

Justification

The aim of the Code should also be to create an inclusive electronic communication market for all end-users. This should be recognised in this very first article.

Amendment 304Julia RedaProposal for a directiveArticle 1 – paragraph 2 – subparagraph 2

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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 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.

Or. en

Justification

The aim of the Code should also be to create an inclusive electronic communication market for all end-users. This should be recognised in this very first article.

Amendment 305Marlene Mizzi, Nicola Danti, Maria Grapini, Marc Tarabella, Olga SehnalováProposal for a directiveArticle 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 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.

Or. en

Justification

The Aim of the code should also be to create an inclusive electronic communication market for all end-users.

Amendment 306Antonio López-Istúriz White, Roberta MetsolaProposal for a directiveArticle 1 – paragraph 4 a (new)


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4 a. Where the provisions of this Directive concerning end-users' rights are in conflict with the provisions of Directive (EU) .../...., this Directive shall prevail.

Or. en

Amendment 307Ivan ŠtefanecProposal for a directiveArticle 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;

(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 in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes interpersonsal 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;

Or. en

Amendment 308Antonio López-Istúriz White, Roberta MetsolaProposal for a directiveArticle 2 – paragraph 1 – point 4


(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which

(4) ‘electronic communications service' means a service normally provided for remuneration via publicly available electronic communications networks,


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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;

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 in the conveyance of signals, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;

Or. en

Justification

The definition of services consisting of conveyance of signals should be limited to services which are exclusively used for connectivity (wholly consisting of the conveyance of signals). This clarification is required to avoid that services which are also used for other purposes than providing the mere connectivity or which simply require connectivity are considered to fall under this category and respective rules. Keeping the legacy and vague term "consisting ‘mainly’ in the conveyance of signals", does not conform to the principle of technology neutrality, maintains legal uncertainty and risks to severely harm the development of connected devices and services, if misinterpreted, e.g. the emerging market of the Internet of Things based on M2M.

Amendment 309Andreas Schwab, Pascal Arimont, Antonio López-Istúriz White, Eva MaydellProposal for a directiveArticle 2 – paragraph 1 – point 4


4) „elektronische Kommunikationsdienste“: gewöhnlich gegen Entgelt über elektronische Kommunikationsnetze erbrachte Dienste, die „Internetzugangsdienste“ im Sinne der Begriffsbestimmung des Artikels 2 Absatz 2 der Verordnung (EU) 2015/2120 und/oder „interpersonelle Kommunikationsdienste“ und/oder Dienste umfasst, die ganz oder überwiegend in der Übertragung von Signalen bestehen, wie Übertragungsdienste, die für die Maschine-Maschine-Kommunikation und für den Rundfunk genutzt werden, jedoch ausgenommen Dienste, die Inhalte über elektronische Kommunikationsnetze und -

4) „elektronische Kommunikationsdienste“: gewöhnlich gegen Entgelt über elektronische Kommunikationsnetze erbrachte Dienste, die „Internetzugangsdienste“ im Sinne der Begriffsbestimmung des Artikels 2 Absatz 2 der Verordnung (EU) 2015/2120 und/oder „interpersonelle Kommunikationsdienste“ und/oder Dienste umfasst, die ganz oder überwiegend in der Übertragung von Signalen bestehen, wie Übertragungsdienste, die für den Rundfunk genutzt werden, jedoch ausgenommen Dienste, die Inhalte über elektronische Kommunikationsnetze und -dienste anbieten oder eine redaktionelle Kontrolle


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dienste anbieten oder eine redaktionelle Kontrolle über sie ausüben;

über sie ausüben;

Or. de

Amendment 310Lambert van Nistelrooij, Mihai ŢurcanuProposal for a directiveArticle 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;

(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 in the conveyance of signals, such as transmission 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;

Or. en

Amendment 311Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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

(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);


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ancillary feature that is intrinsically linked to another service;

Or. en

Justification

Interpersonal communication services are increasingly becoming features of many complex, multi-featured digital services. Determining which one is the main service and thus all determine that all others are ancillary is likely going to be an increasingly difficult task to do.

Amendment 312Ivan ŠtefanecProposal for a directiveArticle 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;

(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 includes services which enable interpersonal and interactive communication even as a ancillary feature that is intrinsically linked to another service;

Or. en

Amendment 313Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 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

(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


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include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;

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;

Or. en

Amendment 314Kaja KallasProposal for a directiveArticle 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;

(5) 'interpersonal communications service' means a service normally provided for remuneration where the principal purpose of the service is devoted to enabling 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);

Or. en

Amendment 315Lambert van Nistelrooij, Mihai Ţurcanu, Antanas Guoga, Sabine VerheyenProposal for a directiveArticle 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

(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


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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;

persons, whereby the person(s) initiating or participating in the communication determine its recipient(s). It is the nature of such a service that it is bidirectional. It does not include services which enable interpersonal and interactive communication only as a minor ancillary feature.

Or. en



(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;

(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 ;

Or. en



(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

(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


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by enabling communication with a number or numbers in national or international telephone numbering plans;

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;

Or. en

Justification

There is a need to differentiate between services delivered over their own infrastructure and therefore can control the quality of the service and services which do not have such a control.

Amendment 318Marlene Mizzi, Maria Grapini, Marc Tarabella, Olga Sehnalová, Lucy AndersonProposal for a directiveArticle 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;

(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;

Or. en

Justification

It is essential to have more inclusive definition of “call”, which can be a call between two deaf persons using sign language, or a person with a speech disability typing on real time while his/her counterpart replies by voice.

Amendment 319Julia RedaProposal for a directiveArticle 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


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relay and video relay services;

Or. en

Justification

A “call” can also be between two deaf persons using sign language, or a person with a speech disability typing on real time while his/her counterpart replies by voice.




(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.

Or. en

Amendment 321Lambert van Nistelrooij, Mihai Ţurcanu, Antanas Guoga, Antonio López-Istúriz WhiteProposal for a directiveArticle 2 – paragraph 1 – point 32


(32) voice 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;

(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 telephone numbering plan;

Or. en

Justification

Non-audio communications cannot be considered as voice. Clarifies that voice communications services are considered as electronic communications service and within the scope of the Directive

Amendment 322Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonPE<NoPE>604.694</NoPE><Version>v01-00 12/122 <PathFdR>AM\1125738XM.docx</PathFdR>

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Proposal for a directiveArticle 2 – paragraph 1 – point 32



(32) Two-way 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 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 communciations)

Or. en

Justification

The EECC should not be only about voice communication, because people can communicate using voice, sign language and real time text, alone or in any combination. Therefore, we propose to replace throughout the Directive the term for the universal service so-called “voice communication” by “two-way communication”, which should also allow the use of a relay service when needed.




(32) 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;

Or. en


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Amendment 324Julia RedaProposal for a directiveArticle 2 – paragraph 1 – point 32 a (new)


(32 a) 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;

Or. en

Justification

People can communicate using voice, sign language and real time text, alone or in any combination.

Amendment 325Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 2 – paragraph 1 – point 35 a (new)


(35 a) 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;

Or. en

Amendment 326Julia RedaProposal for a directiveArticle 2 – paragraph 1 – point 35 a (new)


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(35 a) 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.

Or. en

Justification

Relay services are a reality and they have been already standardised through the European Standard EN 301 549

Amendment 327Julia RedaProposal for a directiveArticle 2 – paragraph 1 – point 35 b (new)


(35 b) 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;

Or. en

Justification

The definition was taken and adapted for further clarity from the European Standard EN 301 549

Amendment 328Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 2 – paragraph 1 – point 36 a (new)


(36 a) Real time text means communication using the transmission of


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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;

Or. en

Amendment 329Dita CharanzováProposal for a directiveArticle 2 – paragraph 1 – point 37


(37) ‘emergency communication’: communication by means of interpersonal communications services between an end-user and the PSAP with the goal to request and receive emergency relief from emergency services;

(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)

Justification

Technical correction of Amendment of 61, See Amendment 61 for justification

Amendment 330Marlene Mizzi, Nicola Danti, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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 cultural and linguistic diversity, as well as media pluralism.

National regulatory and other competent authorities 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.

Or. en

Justification

Despite the fact that the Directive does not lay down substantive rules regarding content and only on networks and services, national authorities need to play close attention to the impact PE<NoPE>604.694</NoPE><Version>v01-00 16/122 <PathFdR>AM\1125738XM.docx</PathFdR>

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that markets have on each other. The degree of competition in telecommunications markets can significantly impact media and content pluralism in Europe, reducing consumers’ ability to access the content and services of their choice.

Amendment 331Marlene Mizzi, Maria Grapini, Marc TarabellaProposal for a directiveArticle 3 – paragraph 2 – introductory part


2. The national regulatory and other competent authorities as well as BEREC shall:

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:

Or. en

Justification

there should be no prioritization of the different objectives

Amendment 332Marlene Mizzi, Nicola Danti, Maria Grapini, Marc Tarabella, Olga Sehnalová, Lucy AndersonProposal for a directiveArticle 3 – paragraph 2 – point a


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

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

Or. en

Justification

This amendment is important to align the USO provisions. In a market economy where consumers can leverage their collective power, it should always be them (and not governments, regulators or companies) who freely decide whether they want to take up a new service or not. The objective of EU telecom regulation has always been to guide regulatory intervention towards the offer side of the market, ensuring wholesale and retail competition, and the availability of services and networks. If regulation would aim to guide the demand side of the market too, it could condition the promotion of efficiency, transparency and fairness in markets, and of consumer protection. The regulatory framework must therefore continue focusing on availability, affordability and accessibility of services.


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Amendment 333Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 3 – paragraph 2 – point b


(b) promote 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;

(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;

Or. en

Amendment 334Marlene Mizzi, Maria Grapini, Marc TarabellaProposal for a directiveArticle 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;

(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;

Or. en

Amendment 335Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Olga Sehnalová, Lucy Anderson


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Proposal for a directiveArticle 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.

(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 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.

Or. en

Justification

The Aim of the code should also be to create an inclusive electronic communication market for all end-users.

Amendment 336Julia RedaProposal for a directiveArticle 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

(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


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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.

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 users with disabilities, elderly users and users with special social needs.

Or. en

Justification

Equivalent access for telecommunications should be one of the general objectives of the Code, and to do so interpersonal communication should be understood with a broad perspective not limited to voice communication, but to voice, video and real time text, and the possibility to use relay service to facilitate the communication among all the users.

Amendment 337Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 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.

(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 users with disabilities, elderly users and users with special social needs.

Or. en

Amendment 338Lucy Anderson


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Proposal for a directiveArticle 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

Or. en

Amendment 339Marlene Mizzi, Maria Grapini, Marc TarabellaProposal for a directiveArticle 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;

Or. en

Justification

NRA should monitor the development of IoT and ensure that competition, consumer protection and cyber security are tackled.

Amendment 340Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 5 – paragraph 1 – subparagraph 2 – indent 6


- ensuring consumer protection and end-user rights in the electronic communications sector;

- ensuring consumer protection and end-user rights in the electronic communications sector, including equal access and choice for end-users with disabilities;

Or. en

Amendment 341Marlene Mizzi, Nicola Danti, Olga Sehnalová, Maria Grapini, Marc Tarabella, Lucy <PathFdR>AM\1125738XM.docx</PathFdR> 21/122 PE<NoPE>604.694</NoPE><Version>v01-00

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AndersonProposal for a directiveArticle 5 – paragraph 1 – subparagraph 2 – indent 6




Or. en

Justification

NRAs at national level should be encouraged to have regular contact with disability organisations;

Amendment 342Julia RedaProposal for a directiveArticle 5 – paragraph 1 – subparagraph 2 – indent 6




Or. en

Justification

NRAs need to work and monitor the accessibility of their market for all end-users, giving particular attention to those who have accessibility requirements.

Amendment 343Ivan ŠtefanecProposal for a directiveArticle 12 – paragraph 2


2. The provision of electronic communications networks or the provision of electronic communications services other than number-independent interpersonal communications services

2. The provision of electronic communications networks or the provision of electronic communications services may, without prejudice to the specific obligations referred to in Article 13(2) or


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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.

rights of use referred to in Articles 46 and 88, only be subject to a general authorisation.

Or. en

Amendment 344Kaja KallasProposal for a directiveArticle 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.

Or. en

Amendment 345Kaja KallasProposal for a directiveArticle 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.


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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.

Or. en

Justification

In order to facilitate the provision of crossborder services and the free flow of data, there is a necessity to reduce the administrative burden undertakings have to face as they are currently confronted with different requests in different formats from 28 different administrations, although they provide services that technologically do not rely on borders.

Amendment 346Kaja KallasProposal for a directiveArticle 18 – paragraph 2 a (new)


2 a. 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.

Or. en


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Justification

In order to facilitate the provision of crossborder services and the free flow of data, there is a necessity to reduce the administrative burden undertakings have to face as they are currently confronted with different requests in different formats from 28 different administrations, although they provide services that technologically do not rely on borders .

Amendment 347Antonio López-Istúriz White, Roberta MetsolaProposal for a directiveArticle 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 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.

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 via 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.

Or. en

Amendment 348Kaja KallasProposal for a directiveArticle 21 – paragraph 1 – subparagraph 1 – introductory part


Without prejudice to information and reporting obligations under national legislation other than the general

Without prejudice to information and reporting obligations under national legislation other than the general


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authorisation, national regulatory and other competent authorities may only require undertakings to provide information under the general authorisation, for rights of use or the specific obligations referred to in Article 13(2) that is proportionate and objectively justified for:

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:

Or. en



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)

Or. en

Justification

In order to facilitate the provision of crossborder services and the free flow of data, there is a necessity to reduce the administrative burden undertakings have to face as they are currently confronted with different requests in different formats from 28 different administrations, although they provide services that technologically do not rely on bordersPE<NoPE>604.694</NoPE><Version>v01-00 26/122 <PathFdR>AM\1125738XM.docx</PathFdR>

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Amendment 350Maria GrapiniProposal for a directiveArticle 22 – paragraph 1


1. Autoritățile naționale de reglementare efectuează o anchetă geografică privind sfera de acoperire a rețelelor de comunicații electronice capabile să ofere servicii în bandă largă („rețele în bandă largă”) în termen de trei ani de la [termenul de transpunere a prezentei directive] și o actualizează cel puțin o dată la trei ani.

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Această anchetă geografică include:

a) o analiză a sferei curente de acoperire geografică a rețelelor în bandă largă pe teritoriul lor, în special pentru îndeplinirea sarcinilor prevăzute la articolele 62 și 65 și la articolul 81, precum și pentru impunerea de obligații în conformitate cu articolul 66 și pentru anchetele necesare în vederea aplicării normelor privind ajutoarele de stat și

b) o previziune pe o perioadă de trei ani privind sfera de acoperire geografică a rețelelor în bandă largă pe teritoriul lor, pe baza informațiilor colectate în conformitate cu litera (a), în cazul în care acestea sunt disponibile și relevante.

Această previziune reflectă perspectivele economice ale sectorului rețelelor de comunicații electronice și intențiile de investiții ale operatorilor la data colectării datelor, pentru a permite identificarea conectivității disponibile în diferite zone. Această previziune conține informații privind implementările planificate de orice întreprindere sau autoritate publică, în special pentru a include rețelele de foarte mare capacitate și modernizările sau prelungirile semnificative ale rețelelor în bandă largă tradiționale, cel puțin la nivelul de performanță al rețelelor de acces de generație următoare. În acest scop, autoritățile naționale de reglementare cer întreprinderilor să <PathFdR>AM\1125738XM.docx</PathFdR> 27/122 PE<NoPE>604.694</NoPE><Version>v01-00

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furnizeze informații relevante privind implementările planificate ale unor astfel de rețele.

Informațiile colectate în cadrul anchetei au un nivel corespunzător de detaliere locală și includ date suficiente privind calitatea serviciului și parametrii acestuia.

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Amendment 351Antonio López-Istúriz WhiteProposal for a directiveArticle 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.

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Or. en

Justification

The required level of granularity for three years plans is impossible to deliver due to the nature and scope of investment plans.

Amendment 352Antonio López-Istúriz WhiteProposal for a directiveArticle 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

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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.

Or. en

Justification

The required level of granularity for three years plans is impossible to deliver due to the nature and scope of investment plans.



2. Autoritățile naționale de reglementare pot desemna o „zonă de excluziune digitală” care corespunde unei zone cu delimitări teritoriale clare unde, pe baza informațiilor colectate în temeiul alineatului (1), se constată că pe durata previziunii relevante, nicio întreprindere sau autoritate publică nu a implementat sau nu intenționează să implementeze o rețea de foarte mare capacitate ori nu și-a modernizat sau extins rețeaua pentru ca vitezele de descărcare să fie de cel puțin 100 Mbps ori nu intenționează să efectueze o astfel de modernizare sau extindere. Autoritățile naționale de reglementare publică zonele de excluziune digitală desemnate.

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6. Autoritățile naționale de reglementare pot pune la dispoziția utilizatorilor finali instrumente de

6. Autoritățile naționale de reglementare pun la dispoziția utilizatorilor finali instrumente de informare menite să-i


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informare menite să-i ajute pe aceștia să identifice disponibilitatea conectivității în diferite zone, cu un nivel de detaliere care este util pentru a-i sprijini să opteze din perspectiva serviciilor de conectivitate, în conformitate cu obligațiile care revin autorității naționale de reglementare în ceea ce privește protecția informațiilor confidențiale și a secretelor comerciale.

ajute pe aceștia să identifice disponibilitatea conectivității în diferite zone, cu un nivel de detaliere care este util pentru a-i sprijini să opteze din perspectiva serviciilor de conectivitate, în conformitate cu obligațiile care revin autorității naționale de reglementare în ceea ce privește protecția informațiilor confidențiale și a secretelor comerciale.

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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), manufacturers and undertakings that provide electronic communications networks and/or services on issues related to all end-user and consumer rights concerning publicly available electronic communications services, in particular where they have a significant impact on the market.

Member States shall ensure as far as appropriate that national regulatory authorities take account of the views of end-users, consumers (including, in particular, consumers with disabilities), manufacturers and undertakings that provide electronic communications networks and/or services, as well as their representative organizations, 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.

Or. en

Amendment 356Marlene Mizzi, Olga Sehnalová, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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),

Member States shall ensure that national regulatory authorities take account of the views of end-users, consumers including, in particular, consumers with disabilities, manufacturers and undertakings that


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manufacturers and undertakings that provide electronic communications networks and/or services on issues related to all end-user and consumer rights concerning publicly available electronic communications services, in particular where they have a significant impact on the market.

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.

Or. en

Justification

To align the text with the UN CRPD. NRAs shall closely consult with and actively involve persons with disabilities through their representative organizations.



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), manufacturers and undertakings that provide electronic communications networks and/or services on issues related to all end-user and consumer rights concerning publicly available electronic communications services, in particular where they have a significant impact on the market.

Member States shall ensure as far as appropriate that national regulatory authorities take account of the views of end-users, consumers (including, in particular, 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.

Or. en

Justification

In accordance with rule 104 of the rules of procedure this amendment is necessary in order to ensure the text internal logic and coherence

Amendment 358Julia Reda


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Proposal for a directiveArticle 24 – paragraph 1 – subparagraph 2


In particular, Member States shall ensure that national regulatory authorities establish a consultation mechanism 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.

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.

Or. en

Justification

UNCRPD article 4.3 stipulates that in “decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations”.



In particular, Member States shall ensure that national regulatory authorities establish a consultation mechanism 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.

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.

Or. en



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3. Fără a aduce atingere normelor naționale, în conformitate cu dreptul Uniunii de promovare a obiectivelor de politică în domeniul culturii și al mass-mediei, precum diversitatea culturală și lingvistică și pluralismul mijloacelor de informare în masă, autoritățile naționale de reglementare și alte autorități relevante pot promova cooperarea între întreprinderile care furnizează rețele și/sau servicii de comunicații electronice și sectoarele interesate de promovarea conținutului legal în cadrul rețelelor și al serviciilor de comunicații electronice. Această cooperare poate include, de asemenea, coordonarea informațiilor de interes public care urmează să fie furnizate în temeiul articolului 96 alineatul (3) și al articolului 95 alineatul (1).

3. Fără a aduce atingere normelor naționale, în conformitate cu dreptul Uniunii de promovare a obiectivelor de politică în domeniul culturii și al mass-mediei, precum diversitatea culturală și lingvistică și pluralismul mijloacelor de informare în masă, autoritățile naționale de reglementare și alte autorități relevante pot promova cooperarea între întreprinderile care furnizează rețele și/sau servicii de comunicații electronice și sectoarele interesate de promovarea conținutului legal în cadrul rețelelor și al serviciilor de comunicații electronice. Această cooperare include, de asemenea, coordonarea informațiilor de interes public care urmează să fie furnizate în temeiul articolului 96 alineatul (3) și al articolului 95 alineatul (1).

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Amendment 361Marlene Mizzi, Olga Sehnalová, Maria Grapini, Marc TarabellaProposal for a directiveArticle 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

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 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.


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other end-users, in particular micro and small enterprises.

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.

Or. en

Justification

The out-of-court system should be also accessible to all consumers and all services.

Amendment 362Vicky FordProposal for a directiveArticle 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.

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, 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. Member States may make participation in Alternative Dispute Resolution schemes mandatory for providers of electronic communications services other than number-independent interpersonal communications services.

Or. en

Amendment 363Ivan ŠtefanecPE<NoPE>604.694</NoPE><Version>v01-00 34/122 <PathFdR>AM\1125738XM.docx</PathFdR>

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Proposal for a directiveArticle 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.

Or. en

Amendment 364Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 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

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


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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.

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.

Or. en

Amendment 365Julia RedaProposal for a directiveArticle 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.

Or. en

Justification

This out-of-court system should be also accessible for persons with disabilities so they can use it autonomously on equal basis with others. This can be easily achieved by following the available accessibility standards for documents or web content (EN 301 549).

Amendment 366Marlene Mizzi, Maria Grapini, Marc Tarabella


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Proposal for a directiveArticle 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 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.

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.

Or. en

Justification

It is important that NRAs adopt clear and efficient guidelines and procedures outline the principles that govern dispute resolution



2. Statele membre pot să prevadă dispoziții în temeiul cărora autoritățile naționale de reglementare să refuze soluționarea unui litigiu printr-o decizie cu caracter obligatoriu în cazul în care există alte mecanisme, inclusiv medierea, care ar contribui mai bine la soluționarea litigiului

2. Statele membre pot să prevadă dispoziții în temeiul cărora autoritățile naționale de reglementare să refuze soluționarea unui litigiu printr-o decizie cu caracter obligatoriu în cazul în care există alte mecanisme, inclusiv medierea, care ar contribui mai bine la soluționarea litigiului


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în timp util, în conformitate cu articolul 3. Autoritatea națională de reglementare informează de îndată părțile cu privire la aceasta. În cazul în care, în termen de patru luni, litigiul nu a fost soluționat și în cazul în care în care partea care se consideră prejudiciată nu a sesizat o instanță, autoritatea națională de reglementare adoptă, la solicitarea oricărei părți, o decizie cu caracter obligatoriu în vederea soluționării litigiului în cel mai scurt termen posibil și, în orice caz, în termen de patru luni.

în timp util, în conformitate cu articolul 3. Autoritatea națională de reglementare informează de îndată părțile cu privire la aceasta. În cazul în care, în termen de patru luni, litigiul nu a fost soluționat și în cazul în care în care partea care se consideră prejudiciată nu a sesizat o instanță, autoritatea națională de reglementare adoptă, la solicitarea oricărei părți, o decizie cu caracter obligatoriu în vederea soluționării litigiului în cel mai scurt termen posibil și, în orice caz, în termen de trei luni.

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2. În cazul în care o autoritate națională competentă constată că o întreprindere nu respectă una sau mai multe condiții prevăzute în autorizația generală, condiții aferente drepturilor de utilizare sau obligații specifice menționate la articolul 13 alineatul (2), aceasta notifică întreprinderii constatările respective și îi oferă posibilitatea de a-și exprima punctul de vedere într-un termen rezonabil.

2. În cazul în care o autoritate națională competentă constată că o întreprindere nu respectă una sau mai multe condiții prevăzute în autorizația generală, condiții aferente drepturilor de utilizare sau obligații specifice menționate la articolul 13 alineatul (2), aceasta notifică întreprinderii constatările respective și îi oferă posibilitatea de a-și exprima punctul de vedere într-un termen rezonabil, dar nu mai lung de trei luni.

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Amendment 369Curzio Maltese, Jiří MaštálkaProposal for a directiveArticle 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),

(a) promote the development of the internal market and maximise the benefits for the consumer, and overall achieve the objectives and principles set in Articles 3 and 45(2),


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Or. en

Amendment 370Julia RedaProposal for a directiveArticle 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 services.

(b) numbering, including number ranges, portability of numbers and identifiers, number and address translation systems, interoperability of Total Conversation services and access to 112 emergency services, including for persons with disabilities.

Or. en

Justification

A barrier preventing the deployment of real time text is the lack of interoperability across the EU, that is why it is of utmost importance that the EU institutions act to make sure that persons with disabilities will be able to call anybody in Europe using real time text, including the emergency services, regardless of the country from which they are calling.

Amendment 371Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 38 – paragraph 3 – point b



(b) numbering, including number ranges, portability of numbers and identifiers, number and address translation systems, interoperability of Total Conversation services and access to 112 emergency services, including for persons with disabilities.

Or. en

Amendment 372Marlene Mizzi, Virginie Rozière, Olga Sehnalová, Maria Grapini, Marc Tarabella, Sergio Gutiérrez Prieto, Clara Eugenia Aguilera García, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 38 – paragraph 3 – point b


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(b) numbering, including number ranges, portability of numbers and identifiers, number and address translation systems, interoperability of total conversation services and access to 112 emergency services, including for persons with disabilities.

Or. en

Justification

This AM is needed to align the text with the changes in Article 102



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 and to improve freedom of choice for users.

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 in order to improve freedom of choice for users and facilitate switching.

Or. en

Justification

This amendment is necessary for the internal logic and coherence of the text

Amendment 374Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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

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basis for the standards they develop, except where such international standards or relevant parts would be ineffective.

Or. en

Justification

Harmonised standards should fall under the scope of Regulation 1025/2012

Amendment 375Marlene Mizzi, Maria Grapini, Marc TarabellaProposal for a directiveArticle 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 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.

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.

Or. en

Justification

Standards are voluntary tool and if the Commission decides to make a certain standard compulsory than at least they have to be provided free of charge.

Amendment 376Andreas SchwabProposal for a directiveArticle 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

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


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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.

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.

Or. en



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.

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.

Or. en

Justification

This amendment is necessary to ensure that content are encrypted end-to-end for coherence with the GDPR.


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Amendment 378Kaja KallasProposal for a directiveArticle 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.

Or. en




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 their 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.

Or. en


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Amendment 380Julia RedaProposal for a directiveArticle 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 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.

Or. en

Justification

This amendment is necessary to ensure coherence with GDPR



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.

Or. en

Amendment 382Andreas Schwab, Lambert van NistelrooijPE<NoPE>604.694</NoPE><Version>v01-00 44/122 <PathFdR>AM\1125738XM.docx</PathFdR>

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Proposal for a directiveArticle 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 that has had a significant impact on the operation of networks or services.

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 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.

Or. en




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 security incident or loss of integrity that has had a significant impact on the operation of networks or services.

Or. en

Justification


Amendment 384Ivan ŠtefanecProposal for a directiveArticle 40 – paragraph 3 – subparagraph 1<PathFdR>AM\1125738XM.docx</PathFdR> 45/122 PE<NoPE>604.694</NoPE><Version>v01-00

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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 that has had a significant impact on the operation of networks or services and thus a high impact on economic and societal activities.

Or. en

Amendment 385Andreas SchwabProposal for a directiveArticle 40 – paragraph 3 – subparagraph 2 – point a


(a) the number of users affected by the breach;

(a) the number of customers affected by the breach;

Or. en

Amendment 386Julia RedaProposal for a directiveArticle 40 – paragraph 3 – subparagraph 2 – point a


(a) the number of users affected by the breach;

(a) the number of users affected by the incident;

Or. en

Justification


Amendment 387Julia RedaProposal for a directiveArticle 40 – paragraph 3 – subparagraph 2 – point b


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(b) the duration of the breach; (b) the duration of the incident;

Or. en

Justification


Amendment 388Julia RedaProposal for a directiveArticle 40 – paragraph 3 – subparagraph 2 – point c


(c) the geographical spread of the area affected by the breach;

(c) the geographical spread of the area affected by the incident;

Or. en

Justification


Amendment 389Julia RedaProposal for a directiveArticle 40 – paragraph 3 – subparagraph 2 – point d


(d) the extent to which the functioning of the service is disrupted;

(d) the extent to which the functioning of the network or service is affected;

Or. en

Justification


Amendment 390Andreas SchwabProposal for a directiveArticle 40 – paragraph 3 – subparagraph 3


Where appropriate, the competent Where appropriate, the authority concerned


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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 is in the public interest.

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 incident is in the public interest. Prior to informing the public, the competent authority is required to consult the undertakings.

Or. en



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 is in the public interest.

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 providers to do so, where it determines that disclosure of the incident is in the public interest.

Or. en

Justification


Amendment 392Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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


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remedies which can be taken by the end-users.

Or. en

Justification

This new element is needed to answer to the current changes in digital industries and provide safeguards for end-users.

Amendment 393Andreas SchwabProposal for a directiveArticle 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.

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, Member States shall only adopt additional requirements 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.

Or. en



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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.

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.

Without prejudice to Article 1(6) of Directive (EU) 2016/1148, Member States shall not impose any further security or notification requirements on undertakings providing public communications networks or publicly available electronic communications services.

Or. en

Justification

This amendment is necessary to ensure consistency with the NIS directive where Member states can only take additional measures to safeguard their essential State functions, in particular to safeguard national security, including actions protecting information the disclosure of which Member States consider contrary to the essential interests of their security, and to maintain law and order, in particular to allow for the investigation, detection and prosecution of criminal offences.



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


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common approaches for the security of networks and services and for the use and application of end-to-end encryption.

Or. en

Justification




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.

Or. en



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.

deleted

Or. en


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Justification

To follow the logic of the NIS directive, where competent authorities should first assess and then take binding instructions, this paragraph is moved below

Amendment 398Andreas Schwab, Lambert van NistelrooijProposal for a directiveArticle 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.

Or. en




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 prevent or remedy an incident and time-limits for implementation, to undertakings providing public communications networks or publicly available electronic communications services.

Or. enPE<NoPE>604.694</NoPE><Version>v01-00 52/122 <PathFdR>AM\1125738XM.docx</PathFdR>

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Justification

This amendment is necessary for the internal logic and cohesion of the text

Amendment 400Andreas SchwabProposal for a directiveArticle 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 electronic communications services to:

2. Member States shall ensure that competent authorities have the power to require undertakings providing public communications networks, publicly available voice communication services or publicly available Internet Access Services to:

Or. en

Amendment 401Kaja KallasProposal for a directiveArticle 41 – paragraph 2 – point b


(b) 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.

(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.

Or. en

Justification

There is a need to ensure consistency with the NIS directive where a differentiated approach is taken between essential services and services providers

Amendment 402Andreas SchwabProposal for a directiveArticle 41 – paragraph 2 – point b


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(b) 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.

(b) submit to a security audit carried out by an 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.

Or. en

Amendment 403Kaja KallasProposal for a directiveArticle 41 – paragraph 2 – point b a (new)


(b a) for undertakings providing publicly available electronic communications services, remedy any failure to meet the requirements laid down in article 40.

Or. en

Justification




2 a. 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.

Or. enPE<NoPE>604.694</NoPE><Version>v01-00 54/122 <PathFdR>AM\1125738XM.docx</PathFdR>

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Justification


Amendment 405Kaja KallasProposal for a directiveArticle 41 – paragraph 2 b (new)


2 b. 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.

Or. en

Justification


Amendment 406Kaja KallasProposal for a directiveArticle 41 – paragraph 2 c (new)


2 c. 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


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exchanges between the competent authorities concerned and requests to take the supervisory measures referred to in paragraph 2b.

Or. en

Justification

There is a need to ensure consistency with the NIS directive



3 a. The competent authority shall work in close cooperation with data protection authorities when addressing incidents resulting in personal data breaches.

Or. en



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).

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 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 users rights pursuant to Title III of Part III of this Directive, 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


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by third parties over such access.

Or. en

Justification

The Proposal intends to foster the development of radio local area networks, especially where they provide services which are not commercial in character. The development of such networks mainly depends on the personal participation of individual volunteers, who expend the networks by managing their own relays and access points. However, such a participation is hindered by several laws which seek to prevent the sharing of Internet connections amongst several users by making people responsible (and potentially liable) for all communication made through their Wi-Fi connection, and create legal risks for people sharing their connection.Furthermore, the “mere conduit” principle shall not be circumvented by imposing dangerous and ineffective obligations on operators. The Advocate General of the CJEU explained in the case C 484/14 (McFadden) that imposing on Wi-Fi network operators an obligation “to identify users and to retain their data” would be “clearly disproportionate” as it “would not in itself be effective”. He stated that, “given the ease with which they may be circumvented, security measures are not effective in preventing specific infringements”.Indeed, since Wi-Fi network operators are not legally entitled to check users’ identity, those intending to commit offences through the network may simply not give their true identity. Meanwhile, other users would have their personal data stored and associated with their name for no reason, unnecessarily affecting their fundamental right to the protection of personal data.Public authorities may identify offenders in much more effective ways through direct surveillance and interceptions.

Amendment 409Marlene Mizzi, Maria Grapini, Marc TarabellaProposal for a directiveArticle 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.

2. Competent authorities 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 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 publicy available radio local area networks deliver through their terminal equipment and/or that use the electronic communication service they are a subscriber of, shall


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never be deemed liable for any activity undertaking by another person or legal entity connected through the radio local area network.

Or. en

Amendment 410Marco Zullo, David BorrelliProposal for a directiveArticle 55 – paragraph 2


2. Le autorità competenti non impediscono ai fornitori di reti pubbliche di comunicazione o di servizi di comunicazione elettronica accessibili al pubblico di autorizzare l'accesso del pubblico alle loro reti attraverso reti locali in radiofrequenza, che possono essere ubicate nei locali di un utente finale, subordinatamente al rispetto delle condizioni applicabili dell'autorizzazione generale e al previo consenso informato dell'utente finale.

2. Le autorità competenti non impediscono ai fornitori di reti pubbliche di comunicazione o di servizi di comunicazione elettronica accessibili al pubblico di autorizzare l'accesso del pubblico alle loro reti attraverso reti locali in radiofrequenza, che possono essere ubicate nei locali di un utente finale, subordinatamente al rispetto delle condizioni applicabili dell'autorizzazione generale e al previo esplicito consenso informato dell'utente finale.

Or. it



3 a. 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.


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Or. en

Justification

Article 3.3(i) of Directive 2014/53/EU of the European Parliament and of the Council provides that device manufacturers have to check every software which can be loaded on the device regarding its compliance with applicable radio regulations (e.g. signal frequency and strength).However, recital (19) of this Directive provides that “verification by radio equipment of the compliance of its combination with software should not be abused in order to prevent its use with software provided by independent parties. The availability to public authorities, manufacturers and users of information on the compliance of intended combinations of radio equipment and software should contribute to facilitate competition”.Article 3.3(i) is not only a severe burden for manufacturers but also violating the customers' rights of free choice. They will be locked in to software of the manufacturers because they cannot choose the software and hardware independently anymore. This aspect is crucial because alternative, especially Free Software, often satisfies special requirements regarding security, technical features and standards.It may severely hinder the development of radio local area networks which relays and access points (radio equipments) are managed by individual volunteers using custom Free Software adapted to such networks. Since Free Software may be freely studied and improved by anyone, they should not be subject to the restriction imposed by article 3.3(i).

Amendment 412Ivan ŠtefanecProposal for a directiveArticle 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.

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 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


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obligations remain proportionate and do not hinder the innovation potential of ECS providers that invest in the development of new technologies.

Or. en

Amendment 413Marlene Mizzi, Virginie Rozière, Olga Sehnalová, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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.

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, 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.

Or. en

Justification

Including media pluralism in the provision clarifies that certain policy objectives do not prevail over others, including objectives that Member States are primarily competent to pursue.



National regulatory authorities shall, acting National regulatory authorities shall, acting PE<NoPE>604.694</NoPE><Version>v01-00 60/122 <PathFdR>AM\1125738XM.docx</PathFdR>

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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.

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.

Or. en

Amendment 415Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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;

(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 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;

Or. en

Justification

Alignment with the rest of the text

Amendment 416Ivan Štefanec


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Proposal for a directiveArticle 59 – paragraph 1 – subparagraph 2 – point b



(b) in justified cases and to the extent that is necessary, obligations 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;

Or. en

Amendment 417Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 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;

Or. en

Amendment 418Antonio López-Istúriz White, Roberta MetsolaProposal for a directiveArticle 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.

(c) in justified cases, obligations on providers of interpersonal communications services to make their services interoperable, 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.


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Or. en

Amendment 419Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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.

(c) in justified cases, and where technically feasible, obligations on providers of 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.

Or. en

Justification

There is no reason to exclude some services from interoperability requirements especial if this is technically feasible

Amendment 420Marlene Mizzi, Olga Sehnalová, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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 facilities referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.

(d) to the extent that is necessary to ensure accessibility for end-users, 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.

Or. en


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Justification

NRAs must be able to impose access obligations pursuant to Article 59(1)(d) in a way that adequately responds to the needs of electronic communications markets, which are evolving at a fast pace. To that end, the scope of Article 59(1)(d) must be broadened to cover "audiovisual media services" and "related complementary services" and end users with disabilities. This amendment would contribute to achieving key goals of the European Electronic Communications Code giving the maximum benefit to all end-users.

Amendment 421Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 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.

Or. en

Amendment 422Curzio Maltese, Jiří MaštálkaProposal for a directiveArticle 59 – paragraph 1 – subparagraph 2 – point d



(d) to the extent that is necessary to ensure accessibility for end-users 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 referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.

Or. en

Justification

This recast is designed to adapt the current legal framework to the rapid changes affecting the media sector. One of the main purposes of the proposal is to improve consumers' accessibility PE<NoPE>604.694</NoPE><Version>v01-00 64/122 <PathFdR>AM\1125738XM.docx</PathFdR>

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to universal services, which can no longer be limited to television broadcasting. This change is therefore necessary to ensure the internal logic of the text.

Amendment 423Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 59 – paragraph 1 – subparagraph 2 – point d a (new)


(d a) to the extend 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.

Or. en

Justification

This new amendment is needed to ensure the internal logic and coherence of the text.

Amendment 424Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 59 – paragraph 1 – subparagraph 2 – point d a (new)


(d a) 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.

Or. en

Amendment 425Antonio López-Istúriz WhiteProposal for a directiveArticle 59 – paragraph 1 – subparagraph 3 – point ii


(ii) where the Commission, on the basis of a report that it had requested from

(ii) where the Commission, on the basis of a report that it had requested from


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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).

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.

Or. en



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 and similar listing and navigation facilities.

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.

Or. en

Amendment 427Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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

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


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aspect of electronic programme guides and similar listing and navigation facilities.

presentational aspect of electronic programme guides and other listing and navigation facilities.

Or. en

Justification

The addition of "and Article 59" clarifies that Member States are able to impose relevant obligations depending on the specific conditions of the market concerned. Replacing the term "similar" with "other" is necessary because it takes account of the fast-evolving nature of electronic communications markets.

Amendment 428Antonio López-Istúriz White, Roberta MetsolaProposal for a directiveArticle 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.

1. After consulting stakeholders and 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, adopt a Decision identifying a transnational market.

Or. en

Amendment 429Antonio López-Istúriz White, Roberta MetsolaProposal for a directiveArticle 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,

In the case of transnational markets identified in 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


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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.

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.

Or. en



(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;

(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;

Or. en

Justification

The role of NRAs is not to secure the investments of operators but to ensure a harmonious development in the territories and give to all equal access to the market and services.

Amendment 431Antonio López-Istúriz WhiteProposal for a directiveArticle 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;

(f) to provide specified services needed to ensure interoperability of end-to-end services to users or roaming on mobile networks;

Or. en


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Amendment 432Julia RedaProposal for a directiveArticle 71 – paragraph 2 – point c


(c) the feasibility of providing the access proposed, in relation to the capacity available;

(c) the long-term efficiency of land-use planning, in relation to a harmonious economic development in the territories concerned;

Or. en

Justification


Amendment 433Julia RedaProposal for a directiveArticle 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;

(d) the need to maintain an open market, enabling new entrants to operate in reasonable and equitable economic conditions;

Or. en

Justification


Amendment 434Antonio López-Istúriz WhiteProposal for a directiveArticle 71 – paragraph 2 – point e


(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-

(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-


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based competition and to sustainable competition based on co-investment in networks;

based competition and to 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;

Or. en

Amendment 435Antonio López-Istúriz White, Roberta MetsolaProposal for a directiveArticle 71 – paragraph 3 a (new)


3 a. 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.

Or. en

Justification

Recital 166 states the need to take into account newly concluded voluntary agreements between operators in order to provide regulatory flexibility. Nevertheless, only in the case when those agreements adopt the form of co-investment this regulatory flexibility is developed in the Code. This creates a gap for the rest of commercial agreements that can be envisaged. This proposal is aimed at partially covering this gap by providing more regulatory certainty and incentives for all parties involved in the provision of commercially-based wholesale access.



In determining whether or not price control obligations would be appropriate, national

In determining whether or not price control obligations would be appropriate, national


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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.

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.

Or. en

Justification

In accordance with rule 104 of the rules of procedure this amendment is necessary in order to maintain the internal logic of the text and its coherence.



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.

In determining whether or not price control obligations would be appropriate, national regulatory authorities shall 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.


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Or. en



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.

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 non discrimination of access.

Or. en

Amendment 439Antonio López-Istúriz WhiteProposal for a directiveArticle 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.

Or. en

Justification

The framework should guarantee more pricing flexibility for investors. The proposed regulatory relief is not sufficient to achieve the Gigabit Society 2025 targets and bridge the existing investment gap.

Amendment 440Antonio López-Istúriz WhiteProposal for a directiveArticle 72 – paragraph 3


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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

Or. en

Justification


Amendment 441Antonio López-Istúriz WhiteProposal for a directiveArticle 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

Or. en


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Justification


Amendment 442Julia RedaProposal for a directiveArticle 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 following cumulative conditions are met:

When imposing obligations in accordance with article 66 and 67 to 72 national regulatory authority shall take into account co-investment agreements:

Or. en

Justification

Current provisions for co-investment practices do not allow non-profit or local ISPs to participate in the investments, restricting this opportunity only to larger and incumbent actors. Although Community Networks (CN) and local actors have proven successful in connecting underprivileged communities both in urban and rural areas, it would be only normal to considered them equal members of the telecoms ecosystem, thus giving them fair and equal access to co-investment opportunities. Moreover, co-investment in a certain area must be considered an oligopoly of a few powerful actors that work as a cartel. This is thus not acceptable to reduce the obligations. Furthermore, the access to co-investment agreement shall be affordable for small operators.



(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

deleted


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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. en

Justification


Amendment 444Antonio López-Istúriz White, Roberta MetsolaProposal for a directiveArticle 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;

(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-


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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;

Or. en

Amendment 445Julia RedaProposal for a directiveArticle 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

Or. en

Justification


Amendment 446Julia RedaProposal for a directiveArticle 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


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Or. en

Justification


Amendment 447Antonio López-Istúriz White, Roberta MetsolaProposal for a directiveArticle 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;

(c) access seekers not participating in 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.

Or. en

Justification

Code for new network elements should be broaden beyond co-investment to other models of commercial agreements, in particular to commercial access agreements, since they have a similar pro-competitive impact in the concerned retail markets. Co-investment is a particular case of a commercial agreement, but not the only one.



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

Or. en


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Justification

Code for new network elements should be broaden beyond co-investment to other models of commercial agreements, in particular to commercial access agreements, since they have a similar pro-competitive impact in the concerned retail markets. Co-investment is a particular case of a commercial agreement, but not the only one.



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.

When assessing co-investment agreements referred to the first paragraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.

Or. en

Justification

Current provisions for co-investment practices do not allow non-profit or local ISPs to participate in the investments, restricting this opportunity only to larger and incumbent actors. Although Community Networks (CN) and local actors have proven successful in connecting underprivileged communities both in urban and rural areas, it would be only normal to considered them equal members of the telecoms ecosystem, thus giving them fair and equal access to co-investment opportunities.Moreover, co-investment in a certain area must be considered an oligopoly of a few powerful actors that work as a cartel.This is thus not acceptable to reduce the obligations. Furthermore, the access to co-investment agreement shall be affordable for small operators.

Amendment 450Marlene Mizzi, Nicola Danti, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 79 – title


Affordable universal service Available, Accessible and Affordable universal service

Or. en

Justification

The Universal Service Obligation is necessary to make sure that citizens are not left behind and have access to an available and affordable internet, which in today's digital environment


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is an essential tool to provide access to information and education especially for socially disadvantage communities.

Amendment 451Marlene Mizzi, Nicola Danti, Olga Sehnalová, Maria Grapini, Marc TarabellaProposal for a directiveArticle 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 at a fixed location.

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 broadband internet access and 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)

Or. en

Justification

The Universal Service Obligation is necessary to make sure that citizens are not left behind and have access to internet, which in today's digital environment is an essential tool to provide access to information and education especially for socially disadvantage communities. However the definition of access to "functional internet access service" that is directly linked to the services provided in Annex V is unclear and could lead to confusion and contradicts the net neutrality obligations under Regulation 2120/2015;

Amendment 452Antonio López-Istúriz White, Roberta Metsola, Eva MaydellProposal for a directiveArticle 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

1. Member States shall ensure that all 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


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territory, including the underlying connection, at least at a fixed location.

territory, including the underlying connection, at a fixed location.

Or. en




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 a fixed location.

Or. en

Amendment 454Marco Zullo, David BorrelliProposal for a directiveArticle 79 – paragraph 1


1. Gli Stati membri provvedono affinché tutti gli utenti finali nel loro territorio abbiano accesso a un prezzo abbordabile, tenuto conto delle specifiche circostanze nazionali, a servizi disponibili di accesso funzionale a Internet e di comunicazione vocale al livello qualitativo specificato nel loro territorio, ivi inclusa la connessione sottostante, almeno in postazione fissa.

1. Gli Stati membri provvedono affinché tutti gli utenti finali nel loro territorio abbiano accesso a un prezzo abbordabile, tenuto conto delle specifiche circostanze nazionali, a servizi disponibili di accesso funzionale a Internet e di comunicazione vocale al livello qualitativo specificato nel loro territorio, ivi inclusa la connessione sottostante, sia in postazione fissa che mobile.

Or. it



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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 broadband internet access and conversational communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.

Or. en

Justification

A universal service for everyone, should also be suitable for persons with disabilities therefore include other means of communication




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 conversational communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.

Or. en

Amendment 457Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 79 – paragraph 1 a (new)


1 a. 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


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internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015.

Or. en

Justification




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 of supporting the minimum set of services set out in Annex V.

deleted

Or. en

Justification

This amendment is necessary in order to ensure the internal logic and coherence of the text

Amendment 459Lambert van Nistelrooij, Mihai Ţurcanu, Antanas GuogaProposal for a directiveArticle 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,

2. 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 which are


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the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V.

indispensable to ensure social and economic participation in society. To that end, the functional internet access service shall be capable of supporting services set out by BEREC in close cooperation with the European Commission, taking into account national specifics.

Or. en

Justification

The scope of services under the universal service regime should be limited to reflect the objectives of this provision: the services that are necessary to take part in social life should be ensured. BEREC should in cooperation with European Commission define those service categories which are indispensable to avoid social exclusion at national levels, ensuring consistency across Member States and based on evidence. The list of services should be frequently updated.

Amendment 460Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 79 – paragraph 2



2. Member States shall define internet access services referred to in paragraph 1 with a view to ensure they reflect the services used by the majority of end-users in their territory.

Or. en

Justification




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2. 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.

Or. en

Justification

Defining “functional internet access service” based on a minimum list of services based upon the proposed Annex V is inadequate to respond to user needs and changing usage patterns. Instead, the list of services should by prepared by national regulatory authorities, identifying the minimum services which should be supported based upon the most demanding type of service from a network perspective.

Amendment 462Marlene MizziProposal for a directiveArticle 79 – paragraph 2



2. Member States shall define the internet access service referred to in paragraph 1 with a view to ensure they deliver these services based on minimum requirements such as the bandwidth the majority of end-users is subscribed to at a fixed location.

Or. en



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

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


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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.

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.

Or. en

Amendment 464Maria GrapiniProposal for a directiveArticle 79 – paragraph 2 a (new)


2 a. Serviciile de acces funcțional la internet trebuie să respecte prevederile Regulamentului 2120/2015 de stabilire a unor măsuri privind accesul la internetul deschis și de modificare a Directivei 2002/22/CE privind serviciul universal și drepturile utilizatorilor cu privire la rețelele și serviciile electronice de comunicații și a Regulamentului (UE) nr. 531/2012 privind roamingul în rețelele publice de comunicații mobile în interiorul Uniunii.

Or. ro



2 a. 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.

Or. en


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Justification

Member States may choose to define internet access service functionality on the basis of regional averages instead of whole Member States, which might lower average speeds for some, while for others might magnify an average beyond what infrastructure can support, especially in under populated rural areas.



3. When an end-user so requests, the connection referred to in paragraph 1 may be limited to support voice communications only.

deleted

Or. en

Justification




3. When an end-user so requests, the connection referred to in paragraph 1 may be limited to support voice communications only.

3. When an end-user so requests, the connection referred to in paragraph 1 may be limited to support two-way communications only.

Or. en

Amendment 468Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 80 – title


Provision of affordable universal service Provision of available, accessible and affordable universal service

Or. en


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Justification

The Universal Service Obligation is necessary to make sure that citizens are not left behind and have access to an available and affordable internet, which in today's digital environment is an essential tool to provide access to information and education especially for socially disadvantage communities.



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 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.

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 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.

Or. en



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

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


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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 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.

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 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.

Or. en

Justification


Amendment 471Marlene Mizzi, Olga Sehnalová, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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 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

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 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


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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.

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.

Or. en

Justification

The Universal Service Obligation is necessary to make sure that citizens are not left behind and have access to an available and affordable internet, which in today's digital environment is an essential tool to provide access to information and education especially for socially disadvantage communities.



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.

4. Member States 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 conversational communications services at least at a fixed location.

Or. en

Justification





4. Member States 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, conversational communications services at least at a fixed location.


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Or. en




4. Member States 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 internet access and two-way communications services at least at a fixed location.

Or. en

Justification

The Universal Service Obligation is necessary to make sure that citizens are not left behind and have access to an available and affordable internet.




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 a fixed location.

Or. en

Amendment 476Antonio López-Istúriz White, Eva MaydellProposal for a directiveArticle 80 – paragraph 4


4. Member States may, in the light of national conditions, ensure that support is provided to low-income or special social

4. Member States may, in the light of national conditions, ensure that support is provided to low-income or special social


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needs end-users in view of ensuring affordability of functional internet access and voice communications services at least at a fixed location.

needs end-users in view of ensuring affordability of functional internet access and voice communications services at a fixed location.

Or. en



5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, or that other specific measures are taken, in view of ensuring that related terminal equipment, specific equipment and specific services enhancing equivalent access are affordable.

5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, and 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.

Or. en

Justification

Member States should ensure that persons with disabilities can afford the best suitable products for them. In most of the cases this can be fulfilled by accessible mainstream products (e.g. an accessible smartphone), but in some specific cases, given the needs of the person, special equipment (assistive devices) will also be needed.



5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, or that other specific measures are taken, in view of ensuring that related terminal equipment, specific equipment and specific services enhancing equivalent

5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, and that other specific measures are taken, in view of ensuring that accessible related terminal equipment, and specific equipment and specific


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access are affordable. 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.

Or. en



5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, or that other specific measures are taken, in view of ensuring that related terminal equipment, specific equipment and specific services enhancing equivalent access are affordable.

5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, and 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.

Or. en

Justification

The aim of Member States should be to ensure that persons with disabilities can afford the best suitable products for them. In most of the cases this can be fulfilled by accessible mainstream products (e.g. an accessible smartphone), but in some specific cases, given the needs of the person, special equipment (assistive devices) will also be needed.In addition, persons with disabilities already in general face higher living costs because of the need for specific additional services and assistive technology. This is why, the relay services necessary to enjoy interpersonal communications should have an affordable cost for the end-user.



6. When applying this Article, Member States shall seek to minimise

6. When applying this Article, Member States shall seek to establish


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market distortions. appropriate safeguards for end-users and minimise market distortions.

Or. en



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 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.

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 conversational communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools, it shall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.

Or. en

Justification




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 cannot be ensured under normal commercial circumstances or through other potential public policy tools, it may impose appropriate universal service

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) of conversational communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools, it shall


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obligations to meet all reasonable requests for accessing those services in its territory.

impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.

Or. en



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 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.

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 internet access service as defined in accordance with Article 79(2) and of two-way communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools, it shall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.

Or. en

Justification

This AM is needed to align the text with the rest of the articles.



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 cannot be ensured under normal commercial circumstances or through other potential public policy tools,

1. Where a Member State has duly demonstrated, 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


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it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.

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.

Or. en

Justification

Member States should have the optionto boost mobile coverage on transport paths through the universal serviceobligation in order to benefit connected commuters and future infrastructure needs, such as connected cars, which will rely on extensive coverage in order to support universal take-up by citizens of Member States.



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.

2. Member States shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of internet access service as defined in accordance with Article 79(2) and of 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.

Or. en

Justification

This AM is needed to align the text with the rest of the articles.<PathFdR>AM\1125738XM.docx</PathFdR> 95/122 PE<NoPE>604.694</NoPE><Version>v01-00

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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 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.

Or. en

Justification




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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) of conversational comunications 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.

Or. en



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 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/or to cover different parts of the national territory.

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) 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 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 conversational communications services at a fixed location and/or to cover different parts of the national territory.

Or. en


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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 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/or to cover different parts of the national territory.

3. In particular, where Member States decide to impose obligations to ensure the availability at a fixed location of internet access service as defined in accordance with Article 79(2) and of 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 two-way 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, 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.

Or. en

Justification




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 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

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) 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


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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/or to cover different parts of the national territory.

with Article 79(2) and of 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 conversational communications services at a fixed location and/or to cover different parts of the national territory.

Or. en

Justification




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 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.

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 internet access service as defined in accordance with Article 79(2) and of 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.

Or. en

Justification



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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 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.

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 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.

Or. en

Justification




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 communications service, they shall do so using an efficient, objective, transparent and non-discriminatory designation mechanism,

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 conversational communications service, they shall do so using an efficient, objective, transparent and non-discriminatory designation


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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.

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.

Or. en



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 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.

Member States may continue to ensure the availability or affordability of other services than internet access service as defined in accordance with Article 79(2) and two-way communications service at a fixed location that were in force prior to [set date]. 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.

Or. en

Justification

Public payphones are still relevant in specific emergency cases.



Member States shall ensure that national regulatory authorities may impose obligations on undertakings in order to


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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.

Or. en

Justification


Amendment 496Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 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 met the reasonable needs od end-users, including end-users with disabilities.

Or. en

Amendment 497Marlene Mizzi, Biljana Borzan, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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


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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.

Or. en

Justification


Amendment 498Julia RedaProposal for a directiveArticle 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.

Or. en

Justification


Amendment 499Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 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


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Or. en

Amendment 500Marlene Mizzi, Nicola Danti, Biljana Borzan, Virginie Rozière, Olga Sehnalová, Maria Grapini, Marc Tarabella, Sergio Gutiérrez Prieto, Clara Eugenia Aguilera García, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 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.

Or. en

Justification




Member States shall review the obligations imposed pursuant to this Article at the latest 3 years after the entry into force of this Directive and thereafter once every year.

Member States shall review the obligations imposed pursuant to this Article as 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.

Or. en

Amendment 502Sergio Gutiérrez PrietoProposal for a directiveArticle 85 – paragraph 1


Where, on the basis of the net cost calculation referred to in Article 84, national regulatory authorities find that an

Where, on the basis of the net cost calculation referred to in Article 84, national regulatory authorities find that an


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undertaking is subject to an unfair burden, Member States shall, upon request from the undertaking concerned, decide 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.

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.

Or. en

Amendment 503Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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 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.

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 or

to share the net costs of universal service obligations between providers of


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electronic communication networks and services, and information society services.

Or. en

Justification

Member States need a flexible approach when deciding on how to finance the USO.



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 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.

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.

Or. en

Justification

Member States may retain the ability to decide how the USO is funded, in line with the PE<NoPE>604.694</NoPE><Version>v01-00 106/122 <PathFdR>AM\1125738XM.docx</PathFdR>

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principle of the principle of subsidiarity.

Point b has been reinstated. Member States may share the cost through a sectoral contribution consisting of electronic communications networks and services.

Amendment 505Vicky FordProposal for a directiveArticle 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.

Or. en

Amendment 506Sergio Gutiérrez PrietoProposal for a directiveArticle 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.

Or. en

Amendment 507Maria GrapiniProposal for a directiveArticle 85 – paragraph 1 a (new)


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Statele membre stabilesc metodele de finanțare a serviciului universal ținând cont de circumstanțele naționale.

Or. ro

Amendment 508Vicky FordProposal for a directiveArticle 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.

Or. en

Justification

The cost sharing mechanism must be designed carefully in order to minimise potential market distortion which could be caused by USO financing arrangements.

Amendment 509Sergio Gutiérrez PrietoProposal for a directiveArticle 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.

Or. en


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Amendment 510Vicky FordProposal for a directiveArticle 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.

Or. en

Justification

This paragraph has been reinstated.

Amendment 511Sergio Gutiérrez PrietoProposal for a directiveArticle 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.

Or. en



2. National regulatory authorities may grant rights of use for numbers from the

2. National regulatory authorities may also grant rights of use for numbering


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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. 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 numbering resources and the risk of exhaustion of numbering resources.

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 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 numbers and the risk of exhaustion of numbering resources.

Or. en

Amendment 513Marlene Mizzi, Maria Grapini, Marc TarabellaProposal for a directiveArticle 87 – paragraph 5 – subparagraph 1


Member States shall ensure that the ‘00’ code is the standard international access code. Special arrangements for making calls 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.

Member States shall ensure that the '00' code is the standard international access code. Special arrangements for making 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.

Or. en

Amendment 514Marlene Mizzi, Nicola Danti, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 87 – paragraph 6


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6. Member States shall promote the over –the-air provisioning of numbering resources, - where technically feasible - to facilitate change of providers of electronic communications networks or services by end-users other than consumers, in particular providers and users of machine-to-machine services..

6. Member States shall promote the over –the-air provisioning of numbering resources, - where technically feasible - to facilitate switching of providers of electronic communications networks or services by end-users other than consumers, in particular providers and users of machine-to-machine services..

Or. en



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).

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.

Or. en



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

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


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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.

the right of use specific conditions in order to ensure compliance with all the relevant national rules and national laws related to the use of numbers applicable in the Member States where the numbers are used.

Or. en



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.

Upon request from a national regulatory authority of another Member State demonstrating a breach of relevant 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.

Or. en

Amendment 518Marlene Mizzi, Biljana Borzan, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 90 – paragraph 1


1. Member States shall ensure that citizens have access to a service operating a hotline to report cases of missing children. The hotline shall be available on the number ‘116000’.

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’.

Or. en


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Justification

The amendment aims at achieving equal access for all end-users to 116 services.



2. Member States shall ensure that disabled end-users are able to access services provided under the number ‘116000’ to the greatest extent possible. Measures taken to facilitate disabled end-users' 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.

2. Member States shall ensure that end-users with disabilities are able to access services provided under the ‘116000’ numbering on an equal basis with others, in particular through the use of conversational communication services and available relay services. Measures taken to facilitate 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.

Or. en

Amendment 520Marlene Mizzi, Nicola Danti, Olga Sehnalová, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 90 – paragraph 2


2. Member States shall ensure that disabled end-users are able to access services provided under the number ‘116000’ to the greatest extent possible. Measures taken to facilitate disabled end-users' 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.

2. Member States shall ensure that end-users with disabilities are able to access services provided under the '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 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.

Or. en


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Justification

The amendment aims at achieving equal access for all end-users to 116 services.

Amendment 521Marlene Mizzi, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 90 – paragraph 2 a (new)


2 a. 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.

Or. en

Justification

This amendment is needed to address existing gaps in the Member States and to improve the operation and quality of the Missing Children Hotline number.

Amendment 522Marlene Mizzi, Nicola Danti, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 90 – paragraph 2 b (new)


2 b. 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.

Or. en

Justification

This amendment is needed to address existing gaps in the Member States and to improve awareness of the Missing Children Hotline number.



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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.

deleted

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Amendment 524Róża Gräfin von Thun und Hohenstein, Carlos Coelho, Dariusz Rosati, Pascal Arimont, Ivan ŠtefanecProposal for a directiveArticle 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, place of residence or temporary location unless such differences are objectively justified.

Or. en




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. en

Justification

As the Digital Single Market it the scope of the text, the exceptions such as the deleted one are <PathFdR>AM\1125738XM.docx</PathFdR> 115/122 PE<NoPE>604.694</NoPE><Version>v01-00

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counterintuitive

Amendment 526Marco Zullo, David BorrelliProposal for a directiveArticle 92 – paragraph 1 a (new)


I fornitori di servizi di comunicazione interpersonale basati sul numero accessibili al pubblico non applicano ai servizi intra-UE di comunicazione, sia su rete fissa che mobile terminati in un altro Stato membro, tariffe diverse da quelle per le comunicazioni terminate nello stesso Stato membro, a meno che il fornitore non dimostri che siano dovute a differenze oggettive in termini di costi.

Or. it

Amendment 527Lambert van Nistelrooij, Mihai Ţurcanu, Antanas Guoga, Sabine VerheyenProposal for a directiveArticle 92 a (new)


Article 92 a

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,


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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 .

Or. en

Justification

To ensure that consumers benefit from competitive intra-EU calls offers based on reasonably low prices, a thorough, fact-based and ambitious review is required, resulting in a legal proposal if found to be necessary. Regulatory intervention in service markets, such as price caps for intra-EU calls, needs to be justified by a proper market assessment to avoid unintended detriments for competition and consumers.

Amendment 528Marlene Mizzi, Nicola Danti, Biljana Borzan, Virginie Rozière, Olga Sehnalová, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Brando Benifei, Lucy AndersonProposal for a directiveArticle 92 a (new)


Article 92 a

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


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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.

Or. en

Justification

This provision helps to build one pillar for a digital single market in telecoms and provides a simple and fair solution to expensive tariffs for international calls without having to regulate prices. Seeking to abolish any type of discriminatory practice, whether on access to services or prices for cross-border services, is very important for the creation of a true Digital Single Market for consumers. It is of equal importance to understand that the disappearance of these charges will increase the use of cross-border telecom services, generate more demand and therefore more revenue for operators.

Amendment 529Róża Gräfin von Thun und Hohenstein, Viviane Reding, Carlos Coelho, Dariusz Rosati, Sirpa Pietikäinen, Renate Weber, Alojz Peterle, Tibor Szanyi, Eric Andrieu, Angelika Niebler, Marian-Jean Marinescu, Viorica Dăncilă, Ivan Jakovčić, Francesc Gambús, Ivan Štefanec, Pascal Arimont, Georges Bach, Pavel Telička, Pina Picierno, Anne Sander, Robert Rochefort, Carolina Punset, Patrizia Toia, Petras Auštrevičius, Nathalie Griesbeck, Tomáš ZdechovskýProposal for a directiveArticle 92 a (new)


Article 92 a

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


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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.

Or. en



2 a. 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.

Or. en

Justification

On 21 December 2016 (cases C 203/15 and C 698/15, “Tele2”), the CJEU has settled a fundamental debate by interpreting the Charter as precluding national legislation which provides for general and indiscriminate retention of all traffic and location data of all subscribers and registered users relating to their electronic communications.Since several Member States have yet to comply with this decisive decision and may be reluctant to do so, it should be now enacted as law.

Amendment 531Philippe JuvinProposal for a directiveArticle 94


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Article 94 deleted

Level of harmonisation

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.

Or. en




Member States may maintain or introduce into their national law end-user protection provisions on the subject-matters covered by this Title offering a higher level of end-user protection where additional protections are considered necessary or where an explicit derogation is provided for in this Title.

Or. en

Justification

Where specific consumer measures in national legislation exist, Member States may maintain the possibility to have a higher level of end-user protection where they have identified consumer harm or are responding to specific consumer protection concerns arising from national market practices.

Amendment 533Curzio Maltese, Jiří MaštálkaProposal for a directiveArticle 94 – paragraph 1


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Member States shall maintain and introduce in their national law end-user protection provisions on the subject-matters covered by this Title, including more stringent provisions to ensure a higher level of protection for the end user.

Or. en

Justification

This amendment is needed to ensure that the text is logical and coherent. The minimum harmonisation approach allows (and has done for the last 20 years) Member States and NRBs to adopt more stringent measures at national level, in order to meet the specific needs of users. Also commercial practices that are just as specific are making a comeback in the Member States.

Amendment 534Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 94 – paragraph 1



Member States 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, to ensure a higher level of consumer protection.

Or. en

Justification

Full harmonisation has a negative impact on consumer’ rights in MS, where national legislation provides for higher level of consumer protection rules.

Amendment 535Andreas SchwabProposal for a directiveArticle 94 – paragraph 1 a (new)


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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.

Or. en


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Documents

AM_Com_LegOpinion - wiki. Web viewLe autorità competenti non impediscono ai fornitori di reti pubbliche di comunicazione o di servizi di comunicazione elettronica accessibili al pubblico