10 Amendments of Dita CHARANZOVÁ related to 2016/0288(COD)
Amendment 174 #
Proposal for a directive
Recital 15
Recital 15
(15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure that end-users are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach. The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals" remains an important parameter for determining the services falling into the scope of this Directive, the definition should cover also other services that enable communication. From an end-user's perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service. The amended definition of electronic communications services should therefore contain three types of services which may partly overlap, that is to say internet access services according to the definition in Article 2(2) of Regulation (EU) 2015/2120, interpersonal communications services as defined in this Directive, and services consisting wholly or mainly in the conveyance of signals. As said types of services may partly overlap, it is likely that services which only meet the criteria of the conveyance of signals category would be limited to transmission services used for the provision of machine-to-machine services and broadcasting. Similarly to the case of broadcasting, where the transmitted content does not fall within the definition of an electronic communications service, a distinction between a machine-to- machine service and its underlying transmission should be made. Only the transmission should be considered as conveyance of signals, whereas the application part of a machine-to-machine service (such as e.g. the consumption recording and analysis in smart metering) should not. The definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision-by- provision application of the specific rights and obligations contained in the framework to the different types of services. The processing of personal data by electronic communications services, whether as remuneration or otherwise, must be in compliance with Directive 95/46/EC which will be replaced by Regulation (EU) 2016/679 (General Data Protection Regulation) on 25 May 201823 . __________________ 23 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119, 4.5.2016, p. 1
Amendment 283 #
Proposal for a directive
Recital 266
Recital 266
(266) It is desirable to enable consumers to achieve the fullest connectivity possible to digital radio and television sets. Interoperability is an evolving concept in dynamic markets. Standards bodies should do their utmost to ensure that appropriate standards evolve along with the technologies concerned. It is likewise important to ensure that connectors are available on digital television sets that are capable of passing all the necessary elements of a digital signal, including the audio and video streams, conditional access information, service information, application program interface (API) information and copy protection information. This Directive should therefore ensure that the functionality associated to and/or implemented in connectors is not limited by network operators, service providers or equipment manufacturers and continue to evolve in line with technological developments. For display and presentation of connected television services, the realisation of a common standard through a market-driven mechanism is recognised as a consumer benefit. Member States and the Commission may take policy initiatives, consistent with the Treaty, to encourage this development. A radio set should be understood as a device whose primary functions include the receiving of radio broadcasts, even when combined with other functions. Purely ancillary receivers should not be deemed as making a device, a radio set. For example, a vehicle headset unit combining a navigation system and radio receiver should be included within this understanding, while a mobile telephone with a FM receiver would not have radio reception as a primary function. Or. en (See Amendment 53 of the Rapporteur)
Amendment 329 #
Proposal for a directive
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) ‘'emergency communication’': communication by means of voice communication services and relevant number-based interpersonal communications services between an end- user and the PSAP with the goal to request and receive emergency relief from emergency services; Or. en (See Amendment 61 of the Rapporteur)
Amendment 577 #
Proposal for a directive
Article 95 – paragraph 3
Article 95 – paragraph 3
3. Paragraphs 1, 2 and 26 shall apply also to micro or small enterprises and not- for-profit organisations as end-users unless they have explicitressly agreed to waive all or parts of those provisions, Or. en (see amendment to paragraph 6 of this article and Rapporteur amendment 104)
Amendment 589 #
Proposal for a directive
Article 95 – paragraph 6
Article 95 – paragraph 6
6. Providers of internet access services and providers of publicly available number-based interpersonal communications services shall offer end- usconsumers the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.
Amendment 644 #
Proposal for a directive
Article 99 – paragraph 5 – subparagraph 1
Article 99 – paragraph 5 – subparagraph 1
Porting of numbers and their subsequent activation shall be carried out within the shortest possible time. In any case, end- usconsumers who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day from the conclusion of such an agreement. , unless the end-user expressly requests a different delay. Or. en (see Amendment 125 of the Rapporteur)
Amendment 646 #
Proposal for a directive
Article 99 – paragraph 5 – subparagraph 1 a (new)
Article 99 – paragraph 5 – subparagraph 1 a (new)
This paragraph shall apply also to micro or small enterprises and not-for-profit organisations as end-users unless they have expressly agreed to waive all or parts of those provisions.
Amendment 705 #
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information is made available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and, where technically feasible, handset-derived caller location information. Member States shall ensure that the establishment and the transmission of the callend-user location information are free of charge for the end-user and to the authority handling the emergency communicationPSAP with regard to all emergency communications to the single European emergency number ‘'112’'. Member States may extend that obligation to cover emergency communications to national emergency numbers. CThis shall not prevent competent regulatory authorities shallfrom laying down criteria for the accuracy and reliability of the caller location information provided. Or. en (See Amendment 138 of the Rapporteur)
Amendment 775 #
Proposal for a directive
Annex IX – paragraph 4 a (new)
Annex IX – paragraph 4 a (new)
Amendment 781 #
Proposal for a directive
Annex X – part 2 a (new)
Annex X – part 2 a (new)