Activities of Josef WEIDENHOLZER related to 2013/0309(COD)
Plenary speeches (1)
European single market for electronic communications (A8-0300/2015 - Pilar del Castillo Vera) DE
Amendments (30)
Amendment 46 #
Proposal for a regulation
Recital 5
Recital 5
(5) The benefits arising from a single market for electronic communications should extend to the wider digital ecosystem that includes Union equipment manufacturers, content and, application and software providers and the wider economy, covering sectors such as banking, automotive, logistics, retail, energy and transport, which rely on connectivity to enhance their productivity through, for example, ubiquitous cloud applications, connected objects and possibilities for integrated service provision for different parts of the company. Public administrations and the health sector should also benefit from a wider availability of e-government and e- health services. The offer of cultural content and services, and cultural diversity in general, may be also enhanced in a single market for electronic communications. The provision of connectivity through electronic communications networks and services is of such importance to the wider economy and society that unjustified sector-specific burdens, whether regulatory or otherwise, should be avoided.
Amendment 50 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 52 #
Proposal for a regulation
Recital 29
Recital 29
(29) Low power small-area wireless access points are very small and unobtrusive equipment similar to domestic Wi-Fi routers, for which technical characteristics should be specified at Union level for their deployment and use in different local contexts subject to general authorisation, without unduthe use of which should not be restrictions fromed by individual planning permits or other permits. The proportionality of measures specifying the technical characteristics for such use to benefit from general authorisation should be ensured through characteristics which are significantly more restrictive than the applicable maximum thresholds in Union measures regarding parameters such as power output, providing they comply with data protection and cybersecurity requirements.
Amendment 64 #
Proposal for a regulation
Recital 43
Recital 43
(43) The completion of the single market for electronic communications also requires the removal of barriers for end- users to have access to electronic communications services across the Union. Public authorities should therefore not raise or maintain obstacles to the cross-border purchase of such services. Providers of electronic communications to the public should not deny or restrict access or discriminate against end-users on the basis of their nationality or Member State of residence. Differentiation should, however, be possible on the basis of objectively justifiable differences in costs, risks and market conditions such as demand variations and pricing by competitors.
Amendment 67 #
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 crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Mminimising the effects of network congestion should be considered reasonable, provided that network congestion occurs only temporarily or in exceptional circumstances. The use of legislation to influence traffic does not fall with the scope of the definition of traffic management.
Amendment 84 #
Proposal for a regulation
Recital 59
Recital 59
(59) Experience from Member States and from a recent study commissioned by the Executive Agency for Consumers and Health has shown that long contract periods and automatic or tacit extensions of contracts constitute significant obstacles to changing a provider. It is thus desirable that end-users should be able to terminate, without incurring any costs, a contract six months after its conclusion. In such a case, end-users may be requested to compensatprovide their providers with compensation appropriate for the end-user for the residual value of subsidised terminal equipment or for the pro rata temporis value of any other promotions. Contracts which have been tacitly extended should be subject to termination with a one-month notice period.
Amendment 91 #
Proposal for a regulation
Recital 64
Recital 64
(64) Contracts with transferring providers of electronic communications to the public should be cancelled automatically after switching without any additional steps being required from end-users. In the case of pre-paid services any credit balance which has not been spent should be refunded to the switching consumer who should also be accorded the right to consult and delete the data that have been gathered.
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
(da) to protect the privacy of end-users and ensure user-oriented network neutrality;
Amendment 118 #
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 characteristics 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 service;operates within a closed electronic communications network using the internet protocol, relying on admission control, and that is not used as a substitute for internet access service; furthermore, its function is different from services that are provided via the public Internet.
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) By way of derogation from Article 12 of Directive 2002/20/EC, a European electronic communications provider may be subject to administrative charges applicable in the host Member State only if it has an annual turnover for electronic communications services in that Member State above 0,51% of the total national electronic communications turnover. In levying these charges only the turnover for electronic communications services in the Member State concerned shall be taken into account.
Amendment 124 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
(4) By way of derogation from Article 13(1)(b) of Directive 2002/22/EC a European electronic communications provider may be subject to the contributions imposed to share the net cost of universal service obligations in the host Member State only if it has an annual turnover for electronic communications services in that Member State above 31% of the total national electronic communications turnover. In levying any such contribution only the turnover in the Member State concerned shall be taken into account.
Amendment 126 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) the name of the provider, his legal status and form, registration number, where the provider is registered in trade or other similar public register, the geographical address of the main establishment, a contact person, a short description of the networks or services provided or intended to be provided, their security mechanisms, including identification of the home Member State;
Amendment 129 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
(2) The national competent authorities shall apply the least onerousan authorisation system possible for allowing the use of radio spectrum, on the basis of objective, transparent, non-discriminatory and proportionate criteria, in such a way as to maximise flexibility and efficiency in radio spectrum use and to promote comparable conditions throughout the Union for integrated multi-territorial investments and operations by European electronic communications providers.
Amendment 134 #
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) respect of the rules on protection of privacy, personal data, the principle of 'Data Protection by Design’, security and integrity of networks and transparency in conformity with Union law.
Amendment 137 #
Proposal for a regulation
Article 19
Article 19
Amendment 164 #
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 all the applications and use all the services of their choice via their internet access service with the hardware and software of their choice.
Amendment 170 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services, provided content, services, applications and connectivity classes are not thereby affected.
Amendment 183 #
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 to 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 general quality of internet access services, replace services accessible to the public or restrict the end-user’s freedom of choice.
Amendment 187 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 194 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Amendment 200 #
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 202 #
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 network, made available by the provider and the services provided via this network, and the end-users' terminals;
Amendment 203 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
Article 23 – paragraph 5 – subparagraph 1 – point c
Amendment 210 #
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 from the IP header that is necessary and proportionate to achieve the purposes set out in this paragraph.
Amendment 219 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
(1) National regulatory authorities, in cooperation with the national data protection authority, shall closely monitor and ensure the effective ability of end- users to benefit from the rights and freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5), 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, the economy and society. National regulatory authorities shall report on an annual basis to the Commissionand national data protection authorities shall report on an annual basis to the public, the Commission, the European Data Protection Supervisor and BEREC on their monitoring and findings.
Amendment 228 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
(3) The Commission may - after consulting BEREC and the European Data Protection Supervisor - adopt implementing 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).
Amendment 237 #
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The information shall be published in a clear, comprehensive and easily accessible form in the official language(s) of the Member State where the service is offered, and be updated regularly. The information shall, on request, be supplied to the relevant national regulatory authorities in advance of its publication. National data protection authorities may examine the traffic management measures. Any differentiation in the conditions applied to consumers and other end-users shall be made explicit.
Amendment 244 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
(3) End-users shall have access to independent evaluation tools allowing them to compare the performance of electronic communications network access and services and the cost of alternative usage patterns. To this end Member States shall establish a voluntary certification scheme for interactive websites, guides or similar tools. Certification shall be granted on the basis of objective, transparent and proportionate requirements, in particular independence from any provider of electronic communications to the public, the use of plain language, the provision of complete and up-to-date information, and the operation of an effective complaints handling procedure. Where certified comparison facilities are not available on the market free of charge or at a reasonable price, national regulatory authorities or other competent national authorities, taking account of open source software, shall make such facilities available themselves or through third parties in compliance with the certification requirements. The information published by providers of electronic communications to the public shall be accessible, free of charge and in open data formats, for the purposes of making available comparison facilities.
Amendment 257 #
Proposal for a regulation
Article 26 – paragraph 1 – point j
Article 26 – paragraph 1 – point j
(j) the type of action that might be taken by the provider in reaction to security or integrity incidents or threats and vulnerabilities, its technical functioning and the objectives defined in Article 25(5). The impact of this action on data protection and the privacy of end-users shall also be described.
Amendment 264 #
Proposal for a regulation
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
(5a) The end-user shall have the right to consult and delete all personal data collected by the provider.