41 Amendments of Sergio GUTIÉRREZ PRIETO related to 2016/0288(COD)
Amendment 260 #
Proposal for a directive
Recital 255
Recital 255
(255) End-users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment, pre- registration or pre-installation of any kind of software, from any device which enables number-based interpersonal communications services, private telecommunications networks, relay services and total conversation services and where applicable through internal emergency services, including when using roaming services in a Member State. Emergency communications are means of communication, that include not only voice communications but also SMS, messagingreal-time text, video or other types of communications, including through the use of third party relay services, that are enabled in a Member State to access emergency services. Emergency communication can be triggered on behalf of a person by the eCall in-vehicle system as defined by Regulation 2015/758/EU of the European Parliament and of the Council41 . __________________ 41 Regulation 2015/758/EU of the European Parliament and of the Council concerning type-approval requirements for the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC(OJ L 123, 19.5.2015, p. 77)
Amendment 265 #
Proposal for a directive
Recital 256 a (new)
Recital 256 a (new)
(256a) In case of an appreciable threat to effective access to emergency services in the future the Commission might extend the emergency services to all interpersonal communications services. Prior to extending the emergency services to interpersonal communication services, the Commission, shall assess in close consultation with industry, Member States’ PSAPs, standardisation bodies and other relevant stakeholders, the feasibility of those services to provide accurate and reliable access to emergency service, including location data, and of the PSAPs to be capable of receiving such communications through number- independent interpersonal communications services. End-users should be informed by the provider of interpersonal communication services if support access to 112 is not provided and in case they do if the call or text does not go to the PSAPs.
Amendment 266 #
Proposal for a directive
Recital 256 b (new)
Recital 256 b (new)
(256b) There is a current existing deficit when it comes to the reporting and performance measurement by Member States with respect to the answering and handling of emergency calls. Therefore, the Commission, having consulted the national regulatory authorities and emergency services, shall adopt performance indicators applicable to the Member States emergency services and report back to the European Parliament and the Council on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators.
Amendment 269 #
Proposal for a directive
Recital 257
Recital 257
(257) Member States should take specific measures to ensure that emergency services, including ‘112’, are equally accessible to disabled end-userend-users with disabilities, in particular deaf, hearing-impaired, speech- impaired and deaf-blind users through real time text or the use of third party relay services interoperable with the telephony networks across the EU. This could also involve the provision of special terminal devices for hearing-impaired users, text relay services, or other specific equipmentpeople with disabilities when the abovementioned ways of communication are not suitable for them.
Amendment 270 #
Proposal for a directive
Recital 259
Recital 259
(259) Caller location information improves the level of protection and the security of end-users and assists the emergency services in the discharge of their duties, provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of PSAPs. The reception and use of caller location information which includes both network-based location information and where available, enhanced handset caller location information should comply with relevant Union law on the processing of personal data and security measures. Undertakings that provide network-based location should make caller location information available to emergency services as soon as the call reaches that service, independently of the technology used. However handset-based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the EGNOS and Galileo Satellite system and other Global Navigation Satellite Systems and Wi-Fi data. Therefore handset-derived caller location information should complement network-based location information even if the handset-derived location may become available only after the emergency communication is set up. Member States should ensure that the PSAPs are able to retrieve and manage the caller location information available. In addition, BEREC, having consulted the stakeholders and in close collaboration with the Commission, shall set up guidelines laying down the criteria for the accuracy and reliability of the caller location information to be provided to the emergency services. The guidelines shall take into account the feasibility of using a mobile terminal equipped with a GNSS devices of mobile terminals in order to improve the accuracy and reliability of the caller location information of a 112 call. The establishment and transmission of caller location information should be free of charge for both the end-user and the authority handling the emergency communication irrespective of the means of establishment, for example through the handset or the network, or the means of transmission, for example through voice channel, SMS or Internet Protocol-based.
Amendment 372 #
Proposal for a directive
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
(b) numbering, including number ranges, portability of numbers and identifiers, number and address translation systems, and access to 112 emergency servicinteroperability of total conversation services and access to 112 emergency services, including for persons with disabilities.
Amendment 500 #
Proposal for a directive
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
Member States shall ensure that it is possible to make emergency calls from public pay telephones and two-way communication access points using the single European emergency call number '112' , '116'and other national emergency numbers all free of charge.
Amendment 502 #
Proposal for a directive
Article 85 – paragraph 1
Article 85 – paragraph 1
Where, on the basis of the net cost calculation referred to in Article 84, national regulatory authorities find that an undertaking is subject to an unfair burden, Member States shall, upon request from the undertaking concerned, decide: (a) to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds. Only the net cost, a; and/or (b) to share the net cost of universal service obligations dbetermined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed. ween providers of electronic communications networks and services and those undertakings providing information society services as defined in Directive 2000/31/EC and which account for a large broadband consumption.
Amendment 506 #
Proposal for a directive
Article 85 – paragraph 1 a (new)
Article 85 – paragraph 1 a (new)
Where the net cost is shared under paragraph 1(b), Member States shall establish a sharing mechanism administered by the national regulatory authority or a body independent from the beneficiaries under the supervision of the national regulatory authority. Only the net cost, as determined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed.
Amendment 509 #
Proposal for a directive
Article 85 – paragraph 1 b (new)
Article 85 – paragraph 1 b (new)
A sharing mechanism shall respect the principles of transparency, least market distortion, non-discrimination and proportionality, in accordance with the principles of Annex VII, Part B. Member States may choose not to require contributions from undertakings whose national turnover is less than a set limit.
Amendment 511 #
Proposal for a directive
Article 85 – paragraph 1 c (new)
Article 85 – paragraph 1 c (new)
Amendment 554 #
Proposal for a directive
Article 95 – paragraph 1 – point b
Article 95 – paragraph 1 – point b
(b) any compensation and refund arrangements, including where applicable, explicit reference to statutory rights of consumers, which apply if contracted service quality levels are not met;
Amendment 590 #
Proposal for a directive
Article 95 – paragraph 6 a (new)
Article 95 – paragraph 6 a (new)
6a. Providers of electronic communication network and/or internet access service and interpersonal communication services provided for remuneration should offer to end-users the possibility to set a financial cap on their usage. This should ensure that without the end-user's explicit consent, the accumulated expenditure over the specified billing period does not exceed a specified financial limit set by the end- user. An appropriate notification shall be sent to the end-user, when consumption of services has reached 80% of the financial limit set by the end-user. The notification shall indicate the procedure to be followed to continue the provisions of those services and the costs if the financial limit is exceeded. After having reached the financial limits end-users shall be able to receive calls and SMS messages and access to free phone numbers and emergency services by dialling the European emergency number 112 free of charge until the end of the agreed billing period.
Amendment 667 #
Proposal for a directive
Article 102 – paragraph 1
Article 102 – paragraph 1
1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, are able to access the emergency services and of private telecommunications networks , relay services and total conversation services, are able to access the emergency services or, where applicable the internal emergency services, through emergency communications free of charge and without having to use any means of payment, pre- registration or pre-installation, by using the single European emergency number ‘112’ and any national emergency number specified by Member States.
Amendment 676 #
Proposal for a directive
Article 102 – paragraph 2
Article 102 – paragraph 2
2. Member States, in consultation with national regulatory authorities and emergency services and providers of electronic communications services, shall ensure that undertakings providing end- users with number-based interpersonal communications service provide access to emergency services through emergency communications including where technically feasible through total conversation services, to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the obligation for undertakings if technically feasible may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c). Prior to extending the scope to all interpersonal communication services, the Commission, shall assess in close consultation with industry, Member States PSAPs, standardisation bodies and other relevant stakeholders, the feasibility to provide accurate and reliable access to emergency service, including location data, and of the Public Safety Answering Points to be capable of receiving such communications through number- independent interpersonal communications services.
Amendment 685 #
Proposal for a directive
Article 102 – paragraph 3
Article 102 – paragraph 3
3. Member States shall ensure that all emergency communications to the single European emergency number ‘112’ are appropriately answered and handled in the manner best suited to the national organisation of emergency systems considering the need to answer in a multilingual manner. Such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency number or numbers, where these continue to be in use.
Amendment 690 #
Proposal for a directive
Article 102 – paragraph 3 a (new)
Article 102 – paragraph 3 a (new)
3a. The Commission, having consulted the national regulatory authorities and emergency services, shall adopt performance indicators applicable to the Member States emergency services. The Commission shall every two years submit a report to the European Parliament and the Council on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators.
Amendment 694 #
Proposal for a directive
Article 102 – paragraph 4
Article 102 – paragraph 4
4. Member States shall ensure that access for disabled end-userend-users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end-users. Measures taken to ensure that disabled end-users are able to access emergency services through including through total conversation services and available third party relay services. The Commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end-users with disabilities can access emergency services on equal basis with other end-users whilst travelling in other Membergency communications whilst travelling in o States in particular through the use of total conversation services and available relay services. These measures shall ensure interoperability across ther Member States and shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 39, and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article.
Amendment 699 #
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information which includes both network based location information and where available enhanced handset caller location information is available to the PSAP without delay after the emergency communication is set up. Member States shall ensure that the establishment and the transmission of the caller location information respect data privacy and security rules and are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’, including calls from private telecommunications networks and roaming calls. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall layBy 6 months after the entry into force of the Directive at the latest, BEREC, having consulted the stakeholders and in close collaboration with the Commission, shall set up guidelines laying down the criteria for the accuracy and reliability of the caller location information to be provided. to the emergency services in order to improve the accuracy and reliability of the caller location information of a 112 call.
Amendment 704 #
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed and explicit agreement of the end-user.
Amendment 706 #
Proposal for a directive
Article 55 – paragraph 2 a (new)
Article 55 – paragraph 2 a (new)
2 a. End-users allowing access to their internet access service as set out in paragraph 2 shall not be liable for any use that other end-users might do while connected to their network.
Amendment 707 #
Proposal for a directive
Article 102 – paragraph 6
Article 102 – paragraph 6
6. Member States and the Commission shall ensure that citizens are adequately informed about the existence and use of the single European emergency number ‘112’, as well as its accessibility features, including in particular through initiatives specifically targeting persons travelling between Member States. and persons with disabilities. The Commission shall support and supplement the actions of Member States.
Amendment 715 #
Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1
Article 102 – paragraph 7 – subparagraph 1
In order to ensure effective access to emergency services through emergency communications to ‘112’ services in the Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 109 on the measures necessary to ensure the compatibility, interoperability, quality, reliability and continuity of emergency communications in the Union with regard to caller location solutions, access for disabled end-userend- users and accessibility for persons with disabilities and routing to the most appropriate PSAP.
Amendment 718 #
Proposal for a directive
Article 102 – paragraph 7 – subparagraph 2 a (new)
Article 102 – paragraph 7 – subparagraph 2 a (new)
The Commission shall maintain a secure database of E.164 European emergency service numbers in order to ensure that they can be contacted from any other Member State.
Amendment 724 #
Proposal for a directive
Article 102 a (new)
Article 102 a (new)
Amendment 727 #
Proposal for a directive
Article 103 – paragraph 1 – introductory part
Article 103 – paragraph 1 – introductory part
1. Member States shall ensure that the competent authorities specify, where appropriate, and after consulting with representative organisations of persons with disabilities, requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end-userend-users with disabilities:
Amendment 771 #
Proposal for a directive
Annex VII – subheading 1
Annex VII – subheading 1
CALCULATING THE NET COST, IF ANY, OF UNIVERSAL SERVICE OBLIGATIONS AND ESTABLISHING ANY RECOVERY OR SHARING MECHANISM IN ACCORDANCE WITH ARTICLES 84 AND 85
Amendment 772 #
Proposal for a directive
Annex VII – subheading 1 a (new)
Annex VII – subheading 1 a (new)
PART A: CALCULATION OF NET COST
Amendment 773 #
Proposal for a directive
Annex VII – paragraph 3 – subparagraph 2 a (new)
Annex VII – paragraph 3 – subparagraph 2 a (new)
Amendment 1061 #
Proposal for a directive
Article 85 – paragraph 1
Article 85 – paragraph 1
1. Where, on the basis of the net cost calculation referred to in Article 84, national regulatory authorities find that an undertaking is subject to an unfair burden, Member States shall, upon request from the undertaking concerned, decide: a) to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds; and/or (b) to share the net cost of universal service obligations between providers of electronic communications networks and services and those undertakings providing information society services as defined in Directive 2000/31/EC and which account for a large broadband consumption.
Amendment 1062 #
Proposal for a directive
Article 85 – paragraph 2
Article 85 – paragraph 2
Amendment 1063 #
Proposal for a directive
Article 85 – paragraph 2 a (new)
Article 85 – paragraph 2 a (new)
2. Where the net cost is shared under paragraph 1(b), Member States shall establish a sharing mechanism administered by the national regulatory authority or a body independent from the beneficiaries under the supervision of the national regulatory authority. Only the net cost, as determined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed.
Amendment 1064 #
Proposal for a directive
Article 85 – paragraph 2 b (new)
Article 85 – paragraph 2 b (new)
3. A sharing mechanism shall respect the principles of transparency, least market distortion, non-discrimination and proportionality, in accordance with the principles of Annex VII, Part B. Member States may choose not to require contributions from undertakings whose national turnover is less than a set limit.
Amendment 1065 #
Proposal for a directive
Article 85 – paragraph 2 c (new)
Article 85 – paragraph 2 c (new)
4. Any charges related to the sharing of the cost of universal service obligations shall be unbundled and identified separately for each undertaking. Such charges shall not be imposed or collected from undertakings that are not providing services in the territory of the Member State that has established the sharing mechanism.
Amendment 1070 #
Proposal for a directive
Article 92 – paragraph 1
Article 92 – paragraph 1
1. Providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or place of residence unless such differences are objectively justified.
Amendment 1071 #
Proposal for a directive
Article 92 – paragraph 1 a (new)
Article 92 – paragraph 1 a (new)
2. Providers of electronic communications services to the public shall not apply tariffs for intra-Union communications terminating in another Member State which are higher, unless objectively justified: a) as regards fixed communications, than tariffs for domestic long-distance communications; b) as regards mobile communications, than the euro-tariffs for regulated voice, data and SMS roaming communications, respectively, established in Regulation (EU) No 2015/2120.
Amendment 1078 #
Proposal for a directive
Article 94 – paragraph 1
Article 94 – paragraph 1
Member States shall not maintain orunder no circumstance introduce in their national law end-user protection provisions on the subject- matters covered by this Title and divthat undergming frome the provisions laid down in this Title, including more or less stringent provisions to ensure a different as it constitutes the minimum level of end-user protection, unless otherwise provided for in this Title to be pursued in the Union.
Amendment 1080 #
Proposal for a directive
Article 95 – paragraph 4 a (new)
Article 95 – paragraph 4 a (new)
4 a. Providers of publicly available electronic communications services other than number-independent interpersonal communications services shall incorporate the information mentioned in paragraphs 1, 2 and 4 as part of the contract itself.
Amendment 1085 #
Proposal for a directive
Article 98 – paragraph 3
Article 98 – paragraph 3
3. End-users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number-independent interpersonal communications services, unless the proposed changes are exclusively to the benefit of the end-user or they are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least one month in advance, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Member States shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end- user at the time of concluding the contract.
Amendment 1086 #
Proposal for a directive
Article 98 – paragraph 4 a (new)
Article 98 – paragraph 4 a (new)
4 a. Any significant discrepancy, continuous or regularly recurring, between the actual performance of the electronic communication service regarding the quality of service parameters and the performance indicated by the provider of the electronic communication service, where the relevant facts are established by a monitoring mechanism certified by the national regulatory authority, be deemed to constitute non-conformity of performance for the purposes of triggering the remedies available to the consumer in accordance with Union and national law.
Amendment 1087 #
Proposal for a directive
Article 99 – paragraph 1 – subparagraph 1
Article 99 – paragraph 1 – subparagraph 1
In case of switching between providers of internet acceselectronic communications services, other than number-independent interpersonal communications services, the providers concerned shall provide the end-user with adequate information before and during the switching process and ensure continuity of the service. The receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end- user. The transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated. Loss of service during the switching process shall not exceed one working day.