Activities of Felix REDA related to 2016/0288(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council establishing the European Electronic Communications Code
Amendments (78)
Amendment 172 #
Proposal for a directive
Recital 14
Recital 14
(14) Definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development. Technological and market evolution has brought networks to move to internet protocol technology, and enabled end-users to choose between a range of competing voice service providers. Therefore, the term 'publicly available telephone service', exclusively used in Directive 2002/22/EC and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term 'voice communications'. Conditions for the provision of a service should be separated from the actual definitional elements of a voice communications service, i.e. 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 or international telephone numbering plan, whether such a service is based on circuit switching or packet switching technology. It is the nature of such a service that it is bidirectional, enabling both the parties to communicate. A service which does not fulfil all these conditions, such as for example a ‘click-through’ application on a customer service website, is not such a service. Voice communications services also include means of communication specifically intended for disabled end-users using text relay or total conversation services. For that purpose, interpersonal communications services definition need to be interpreted as including 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.
Amendment 192 #
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) Member States should ensure that end-users with disabilities enjoy equal access and choice to electronic communication services on equal basis with others, in respect to the obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (UNCRPD). In pursuant to this goal, and according to the UNCRPD Committee General Comment nº 2 on Accessibility, the strict application of Universal Design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. Universal Design is defined in the UNCRPD as the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. Universal Design shall not exclude assistive devices for particular groups of persons with disabilities where this is needed. Member States should therefore take the necessary measures, including ex ante conditions, to ensure that electronic communication service providers and related equipment manufacturers make their services and products accessible for end-users with disabilities following a Universal Design approach.
Amendment 199 #
Proposal for a directive
Recital 89
Recital 89
(89) Standardisation should remain primarily a market-driven process. However there may still be situations where it is appropriate to require compliance with specified standards at Union level to ensure interoperabilin order to improve interoperability, freedom of choice for users and encourage interconnectivity in the single market. At national level, Member States are subject to the provisions of Directive 2015/1535/EU. Standardisation procedures under this Directive are without prejudice to the provisions of the Radio Equipment Directive 2014/53/EU, the Low Voltage Directive 2014/35/EU and the Electromagnetic Compatibility Directive 2014/30/EU.
Amendment 202 #
Proposal for a directive
Recital 91 a (new)
Recital 91 a (new)
(91a) In order to ensure and safeguard the privacy and security of user data and traffic and the security and integrity of networks and services, the use of end-to- end encryption should be promoted and, wherever technically feasible, be mandatory in accordance with the principles of data protection in order to achieve full security and privacy by design; in particular, Member States should not impose any obligation to encryption providers, providers of electronic communications services and all other organisations (at all levels of the supply chain) that would result in the weakening of the security of their networks and services, such as the allowing or facilitation of "backdoors".
Amendment 205 #
Proposal for a directive
Recital 138
Recital 138
(138) In case such interoperability issues arise, the Commission may request a BEREC report which should provide a factual assessment of the market situation at the Union and Member States level. On the basis of the BEREC report and other available evidence and taking into account the effects on the internal market, the Commission should decide whether there is a need for regulatory intervention by national regulatory authorities. If the Commission considers that such regulatory intervention should be considered by National Regulatory Authorities, it may adopt implementing measures specifying the nature and scope of possible regulatory interventions by NRAs, including in particular measures to impose the mandatory use of standards or specifications on all or specific providers. The terms 'European standards' and 'international standards' are defined in Article 2 of Regulation (EU) No 1025/2012.36 National regulatory authorities should assess, in the light of the specific national circumstances, whether any intervention is necessary and justified to ensure end-to-end-connectivity or access to emergency services, and if so, impose proportionate obligations in accordance with the Commission implementing measures and without additional requirements to it. __________________ 36 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council [OJ L 364 of 14.11.2012, p.12]
Amendment 206 #
Proposal for a directive
Recital 143
Recital 143
(143) While it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end-to-end connectivity or interoperability of services, it is however necessary to ensure that such obligations are. Such obligations must only be imposed where justified in order to secure the objectives of this Directive, and where they are objectively justified, transparent, proportionate and non-discriminatory for the purpose of promoting efficiency, sustainable competition, efficient investment and innovation, giving the maximum benefit to end-users and imposed in conformity with the regulatory framework and, in particular, its notification procedures.
Amendment 207 #
Proposal for a directive
Recital 194
Recital 194
(194) Universal service is a safety net to ensure that a set of minimum services is available to all end-usconsumers at an affordable price, where a risk of social exclusion arising from the lack of such access prevents citizens from full social and economic participation in society.
Amendment 209 #
Proposal for a directive
Recital 195
Recital 195
(195) Basic broadband internet access is virtually universally available across the Union and very widely used for a wide range of activities. However, the overall take-up rate is lower than availability as there are still those who are disconnected by reasons related to awareness, cost, skills and by choice. Affordable functional internet access has become of crucial importance to society and the wider economy. It provides the basis for participation in the digital economy and society through essential online internet services.
Amendment 211 #
Proposal for a directive
Recital 196
Recital 196
(196) A fundamental requirement of universal service is to ensure that all end- users havefollow a Universal Design approach in order to ensure that all end-users, including end-users with disabilities, have equal access at an affordable price to available functional internet access and voiceconversational communications services, at least at a fixed location. Member States should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move, where they deem this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations. A fundamental requirement of universal service is to ensure that all consumers have access at an affordable price to available internet access and voice communications services, at least at a fixed location. Member States should also have the possibility to ensure affordability to citizens on the move, where they deem this to be necessary to ensure full social and economic participation in society.
Amendment 216 #
Proposal for a directive
Recital 197
Recital 197
(197) The speed of Internet access experienced by a given user may depend on a number of factors, including the provider(s) of Internet connectivity as well as the given application for which a connection is being used. The affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic services that reflect the services used by the majority of end-usconsumers. This minimum list of services should be further defined by Member States, in order toshould allow an adequate level of social inclusion and participation in the digital society and economy in their territory of Member States. The requirements of Union law on open internet, in particular as provided for in Regulation (EU) No 2015/2120 of the European Parliament and of the Council, should apply to any such internet access service.
Amendment 219 #
Proposal for a directive
Recital 200
Recital 200
(200) Affordable price means a price defined by Member States at national level in the light of specific national conditions, and may involve special tariff options or packages to deal with the needs of low- income users or users with special social needs,. These end-users may including the eolderly, people, persons withe disabledilities and the end-users living in rural or geographically isolated areas. These offers should be provided with basic features, in order to avoid distortion of the functioning of the marketensure their right to access publicly available electronic communication services. Affordability for individual end- users should be founded upon their right to contract with an undertaking, availability of a number, continued connection of service and their ability to monitor and control their expenditure.
Amendment 224 #
Proposal for a directive
Recital 206
Recital 206
(206) Member States should introduce measures to promote the creation of a market for affordable products and services following a Universal Design approach and incorporating facilities for disabled end- users, including equipment with assistive technologi with disabilities, including when necessary equipment with assistive technologies interoperable with publicly available electronic communication equipment and services. This can be achieved, inter alia, by referring to European standards, or by introducing requirements in accordance with Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services38 Member States should define appropriate measures according to national circumstances, which gives flexibility for Member States to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for disabled end- users with disabilities under normal economic conditions. __________________ 38 OJ C […], […], p. […].
Amendment 257 #
Proposal for a directive
Recital 254
Recital 254
(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that the electronic communications market follows a Universal Design approach and that all users, including disabled end-users, the elderly with disabilities, older people, and users with special social needs, have easy and equal access to affordable and accessible high quality services. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disabilityies in drawing up measures under Article 114 of the TFEU.
Amendment 268 #
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 equipment. people with disabilities when the abovementioned ways of communication are not suitable for them.
Amendment 274 #
Proposal for a directive
Recital 261
Recital 261
(261) In order to ensure that disabled end-userend-users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end-users, relevant national authorities should specify, where appropriate and in light of national conditions, consumer protection requirements for disabled end-userend-users with disabilities to be met by undertakings providing publicly available electronic communications services. Such requirements can include, in particular, that undertakings ensure that disabled end-users with disabilities take advantage of their services on equivalent terms and conditions, including prices, tariffs and quality, as those offered to their other end- users, irrespective of any additional costs incurred by these undertakings. Other requirements can relate to wholesale arrangements between undertakings. In order to avoid creating an excessive burden on service providers national regulatory authorities should verifyNational regulatory authorities should verify in consultation with service providers and representative organisations of persons with disabilities, whether the objectives of equivalent access and choice can actually be achieved without such other measures.
Amendment 279 #
Proposal for a directive
Recital 262
Recital 262
(262) In addition to the affordability measures for disabled userend-users with disabilities set out in this Directive, Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for disabled userend-users with disabilities of electronic communications services and related consumer terminal equipment. Therefore the corresponding obligation in this Directive that required Member States to encourage the availability of terminal equipment for disabled userend- users with disabilities has become obsolete and should be repealed, except for the provision of assistive technologies interoperable with publicly available electronic communication terminal equipment and services, when the latter do not meet the needs of specific groups of persons with disabilities.
Amendment 295 #
Proposal for a directive
Recital 270
Recital 270
(270) Networks used for the distribution of radio or television broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations canshould include the transmission of services specifically designed to enable appropriate access by disabled userequivalent access by users with disabilities. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of accessible programme-related data supporting those functionalities canhould be included in must carry obligations.
Amendment 304 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 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 disabled ususers 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.
Amendment 319 #
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 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 relay and video relay services;
Amendment 324 #
Proposal for a directive
Article 2 – paragraph 1 – point 32 a (new)
Article 2 – paragraph 1 – point 32 a (new)
(32a) 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;
Amendment 326 #
Proposal for a directive
Article 2 – paragraph 1 – point 35 a (new)
Article 2 – paragraph 1 – point 35 a (new)
(35a) 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.
Amendment 327 #
Proposal for a directive
Article 2 – paragraph 1 – point 35 b (new)
Article 2 – paragraph 1 – point 35 b (new)
(35b) 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;
Amendment 336 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 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, 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 disabled userusers with disabilities, elderly users and users with special social needs.
Amendment 342 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6
Article 5 – paragraph 1 – subparagraph 2 – indent 6
– ensuring consumer protection and end-user rights in the electronic communications sector, including equal access and choice for end-users with disabilities;
Amendment 357 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 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 consumerconsumers 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.
Amendment 358 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2
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.
Amendment 365 #
Proposal for a directive
Article 25 – paragraph 1
Article 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.
Amendment 370 #
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 373 #
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
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 andin order to improve freedom of choice for users and facilitate switching.
Amendment 377 #
Proposal for a directive
Article 40 – paragraph 1
Article 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, 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.
Amendment 380 #
Proposal for a directive
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1a. 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.
Amendment 383 #
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 1
Article 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 secusecurity incident or loss of integrity that has had a significant impact on the operation of networks or services.
Amendment 386 #
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point a
Article 40 – paragraph 3 – subparagraph 2 – point a
(a) the number of users affected by the breachincident;
Amendment 387 #
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point b
Article 40 – paragraph 3 – subparagraph 2 – point b
(b) the duration of the breachincident;
Amendment 388 #
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point c
Article 40 – paragraph 3 – subparagraph 2 – point c
(c) the geographical spread of the area affected by the breachincident;
Amendment 389 #
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point d
Article 40 – paragraph 3 – subparagraph 2 – point d
(d) the extent to which the functioning of the network or service is disrupaffected;
Amendment 391 #
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 3
Article 40 – paragraph 3 – subparagraph 3
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 undertakingproviders to do so, where it determines that disclosure of the breachincident is in the public interest.
Amendment 395 #
Proposal for a directive
Article 40 – paragraph 5 a (new)
Article 40 – paragraph 5 a (new)
5a. 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 for the use and application of end-to-end encryption.
Amendment 399 #
Proposal for a directive
Article 41 – paragraph 1
Article 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 breachprevent or remedy an incident and time-limits for implementation, to undertakings providing public communications networks or publicly available electronic communications services.
Amendment 408 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
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) 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 by third parties over such access.
Amendment 411 #
Proposal for a directive
Article 55 – paragraph 3 a (new)
Article 55 – paragraph 3 a (new)
3a. 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.
Amendment 430 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a
Article 71 – paragraph 1 – subparagraph 2 – point a
(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;
Amendment 432 #
Proposal for a directive
Article 71 – paragraph 2 – point c
Article 71 – paragraph 2 – point c
(c) the feasibility of providing the access proposed, in relation to the capacity availablelong-term efficiency of land- use planning, in relation to a harmonious economic development in the territories concerned;
Amendment 433 #
Proposal for a directive
Article 71 – paragraph 2 – point d
Article 71 – paragraph 2 – point d
(d) the initial investment by the facility owner, need to maintaking account of any public investmn opent made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networkrket, enabling new entrants to operate in reasonable and equitable economic conditions;
Amendment 436 #
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2
Article 72 – paragraph 1 – subparagraph 2
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.
Amendment 442 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – introductory part
Article 74 – paragraph 1 – subparagraph 1 – introductory part
Amendment 443 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a
Article 74 – paragraph 1 – subparagraph 1 – point a
Amendment 445 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point b
Article 74 – paragraph 1 – subparagraph 1 – point b
Amendment 446 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c
Article 74 – paragraph 1 – subparagraph 1 – point c
Amendment 449 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2
Article 74 – paragraph 1 – subparagraph 2
When assessing co-investment offers and processes referred to in point (a) ofagreements referred to the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.
Amendment 455 #
Proposal for a directive
Article 79 – paragraph 1
Article 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 functionalbroadband internet access and voiceconversational communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.
Amendment 458 #
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
Amendment 465 #
Proposal for a directive
Article 79 – paragraph 2 a (new)
Article 79 – paragraph 2 a (new)
2a. 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.
Amendment 466 #
Proposal for a directive
Article 79 – paragraph 3
Article 79 – paragraph 3
Amendment 470 #
Proposal for a directive
Article 80 – paragraph 2
Article 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 and in that case, Member States mayshall 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.
Amendment 472 #
Proposal for a directive
Article 80 – paragraph 4
Article 80 – paragraph 4
4. Member States mayshall, 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 voiceconversational communications services at least at a fixed location.
Amendment 479 #
Proposal for a directive
Article 80 – paragraph 5
Article 80 – paragraph 5
5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, orand 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.
Amendment 481 #
Proposal for a directive
Article 81 – paragraph 1
Article 81 – paragraph 1
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 voiceconversational communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools, it mayshall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.
Amendment 486 #
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
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 voiceconversational 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.
Amendment 490 #
Proposal for a directive
Article 81 – paragraph 3
Article 81 – paragraph 3
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 voiceof 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 voiceconversational 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 voiceconversational communications services at a fixed location and/or to cover different parts of the national territory.
Amendment 492 #
Proposal for a directive
Article 81 – paragraph 4
Article 81 – paragraph 4
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 voiceconversational 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.
Amendment 495 #
Proposal for a directive
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
Amendment 498 #
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 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.
Amendment 525 #
Proposal for a directive
Article 92 – paragraph 1
Article 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 or place of residence unless such differences are objectively justified.
Amendment 530 #
Proposal for a directive
Article 93 – paragraph 2 a (new)
Article 93 – paragraph 2 a (new)
2a. 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.
Amendment 538 #
Proposal for a directive
Article 95 – paragraph 1 – introductory part
Article 95 – paragraph 1 – introductory part
1. Before a consumer is bound by a contract or any corresponding offer, providers of publicly available electronic communications services other thanincluding number-independent interpersonal communications services, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, and the following information in a clear, simple and comprehensible manner, and in accessible formats for end- users with disabilities:
Amendment 553 #
Proposal for a directive
Article 95 – paragraph 1 – point b
Article 95 – paragraph 1 – point b
(b) any compensation and refund arrangements, which apply if contracted service quality levels are not met or if a security incident takes place due to known software or hardware vulnerabilities for which patches have been issued by the manufacturer or developer and those have not been applied by the service providers;
Amendment 601 #
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 2 – point g a (new)
Article 96 – paragraph 2 – subparagraph 2 – point g a (new)
(ga) be accessible for persons with disabilities.
Amendment 654 #
Proposal for a directive
Article 100 – paragraph 1
Article 100 – paragraph 1
1. If aA bundle of services or a bundle of services and goods offered to an end- user comprises at least a publicly available electronic communications service other than n consumer shall not prevent that consumber-independent interpersonal communications services, Articles 95, 96 (1), 98 and 99 (1) shall apply mutatis mutandis to all elements of the bundle from obtaining separately all elements of the bundle under the same conditions except where the provisions applicable to another element of the bundle are more favourable to the end-user. Articles 95, 96 (1), 98 and 99 shall apply mutatis mutandis without impeding on the scope of this article.
Amendment 659 #
Proposal for a directive
Article 100 – paragraph 2
Article 100 – paragraph 2
Amendment 670 #
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, relay services and total conversation services, are able to access the 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 679 #
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 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 may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).
Amendment 693 #
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 (conversational communication 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 others, whilst travelling in other Membergency communications whilst travelling in o State, 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 711 #
Proposal for a directive
Article 102 – paragraph 6
Article 102 – paragraph 6
6. Member States shall ensure that citizens are adequately informed about the existence and use of the single European emergency call number ‘'112’', in particularas well as its accessibility features, including through initiatives specifically targeting persons travelling between Member States. and persons with disabilities.
Amendment 716 #
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-usersend- users, accessibility for persons with disabilities, and routing to the most appropriate PSAP.
Amendment 744 #
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States mayshall impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-userto content and electronic programming guides for end-users with disabilities and data supporting connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.
Amendment 763 #
Proposal for a directive
Annex I – part A – point 4
Annex I – part A – point 4
Amendment 767 #
Proposal for a directive
Annex V
Annex V