Activities of Dimitrios DROUTSAS related to 2013/0309(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012
Amendments (33)
Amendment 26 #
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. The existing regulatory framework aims at promoting the ability of end-users to access and distribute information or run applications and services of their choice. This ability is best ensured when all types of traffic are treated equally by providers of electronic communications to the public. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures.
Amendment 30 #
Proposal for a regulation
Recital 46
Recital 46
(46) The freedomright of end-users to access and distribute information and lawful content, run applications and use services of their choice is subject to the respect of Union and compatible national law. This Regulation defines the limits for any restrictions to this freedomright by providers of electronic communications to the public but is without prejudice to other Union legislation, including copyright rules and Directive 2000/31/EC.
Amendment 33 #
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimLegally mandated interferences, including voluntary actions of providers to prevent access to and distribution of child pornography traffic flows does not constitute traffic management. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances.
Amendment 36 #
Proposal for a regulation
Recital 49
Recital 49
(49) There is also end-user demand for services and applications requiring an enhanced level of assured service qualityoptimisations in order to ensure adequate service characteristics offered by providers of electronic communications to the public or by content, applications or service providers. Such services may comprise inter alia broadcasting via Internet Protocol (IP-TV), video- conferencing and certain health applications. End-users should therefore also be free to conclude agreements on the provision of specialised services with an enhancoptimised quality of service with either providers of electronic communications to the public or providers of content, applications or services. Where such agreements are implemented alongside Internet access services, the responsible providers should ensure that the optimised quality service does not impair the quality of Internet access.
Amendment 38 #
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services.
Amendment 54 #
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characterioperated within closed electronic communications networks using the Internet Protocol with stricst are controlled from end-to-end or provides the capability to send or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute for internet access servicedmission control that is not marketed or used as a substitute for internet access service; and that is not functionally identical to services available over the public internet;
Amendment 57 #
Proposal for a regulation
Article 17 – paragraph 1 – point -a (new)
Article 17 – paragraph 1 – point -a (new)
(-a) fully respects the rules on protection of personal data, privacy, security and integrity of networks and transparency in conformity with Union law.
Amendment 58 #
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 59 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 63 #
Proposal for a regulation
Article 19 – paragraph 4 – point e
Article 19 – paragraph 4 – point e
Amendment 64 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 70 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be freehave the right to access and distribute information and content, run applications and use ser, connect hardware and use services, software and devices of their choice via their internet access service.
Amendment 75 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 81 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be freehave the right to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of service.
Amendment 86 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free tomay enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the generalthe quality of internet access services.
Amendment 89 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 95 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Amendment 99 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
Article 23 – paragraph 5 – subparagraph 1 – point a
a) implement a legislative provision or a court order, or prevent or impede serious crimes;
Amendment 102 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point b
Article 23 – paragraph 5 – subparagraph 1 – point b
b) preserve the integrity and security of the European electronic communications providers network, services provided via this network, and the end-users' terminals;
Amendment 113 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
Reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph. Processing of the content part of the communication during transmission for these purposes is not permitted.
Amendment 120 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5) and Article 2 (15), and the continued availability of non- discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitor the effects of specialised services on cultural diversity and innovation. National regulatory authorities shall report on an annual basis to the Commission and, BEREC and the public on their monitoring and findings.
Amendment 124 #
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
National regulatory authorities shall, in good time before imposing any such requirements, provide the Commission with a summary of the grounds for action, the envisaged requirements and the proposed course of action. This information shall also be made available to BEREC. The Commission mayshall, having examined such information, make comments or recommendations thereupon, in particular to ensure that the envisaged requirements do not adversely affect the functioning of the internal market. The envisaged requirements shall not be adopted during a period of two months from the receipt of complete information by the Commission unless otherwise agreed between the Commission and the national regulatory authority, or the Commission has informed the national regulatory authority of a shortened examination period, or the Commission has made comments or recommendations. National regulatory authorities shall take the utmost account of the Commission's comments or recommendations and shall communicate the adopted requirements to the Commission and BEREC.
Amendment 125 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Commission mayshall adopt implementing, after consultation with BEREC and other stakeholders, delegated acts defining uniform conditions for the implementation of the obligations of national competent authorities under this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33 (2)2.
Amendment 243 #
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. The existing regulatory framework aims at promoting the ability of end-users to access and distribute information or run applications and services of their choice. This ability is best ensured when all types of traffic are treated equally by providers of electronic communications to the public. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures.
Amendment 254 #
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services and the general characteristics of the service, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstancesMinimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances and if, upon request from the competent national authorities, the provider can demonstrate that equal treatment of traffic would be substantially less efficient. When a provider of electronic communications takes such measures, it should also inform the content, applications and services providers which are affected.
Amendment 269 #
Proposal for a regulation
Recital 49
Recital 49
(49) There is also end-user demand for services and applications requiring an enhanced level of assured service qualityoptimisations in order to ensure adequate service characteristics offered by providers of electronic communications to the public or by content, applications or service providers. Such services may comprise inter alia broadcasting via Internet Protocol (IP-TV), video- conferencing and certain health applications. End-users should therefore also be free to conclude agreements on the provision of specialised services with an enhancoptimised quality of service with either providers of electronic communications to the public or providers of content, applications or services. Where such agreements are implemented alongside Internet access services, the responsible providers should ensure that the optimised quality service does not impair the general quality of internet access.
Amendment 360 #
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that provides the capability to access or use specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-end or provides the capability to in order to ensure adequate characteristics from end-to-end. A specialised service is operated within closend or receive data to or from a determined number of parties or endpoints; and thatelectronic communications networks and thus clearly separated from internet access services and is not marketed or widely used as a substitute for internet access service;
Amendment 405 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 585 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be free to access and distribute information and content, run applications and use services and devices of their choice, irrespective of their origin or destination, via their internet access service.
Amendment 604 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be free to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of serviceoperated in closed electronic networks with an enhanced quality of service. Providers of electronic communications to the end-user shall not discriminate against contents, services or applications from other sources that are competing with their own specialised services.
Amendment 678 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
Amendment 775 #
Proposal for a regulation
Article 37 – point 4 a (new)
Article 37 – point 4 a (new)
Regulation (EU) No 531/2012
Article 6a (new)
Article 6a (new)
Amendment 801 #
Proposal for a regulation
Article 38 – point 1 a (new)
Article 38 – point 1 a (new)
Regulation (EU) No 531/2012
Article 4 – paragraph 6a (new)
Article 4 – paragraph 6a (new)
(1a) In Article 3, a new paragraph 2a is added: BEREC’s advisory role upstream of any legislative proposals affecting the electronic communications sector should be made methodical