28 Amendments of Curzio MALTESE related to 2016/0288(COD)
Amendment 44 #
Proposal for a directive
Recital 8
Recital 8
(8) This Directive does not affect the application to radio equipment of Directive 2014/53/EU, but does cover consumer equipment used for radio and digital television.
Amendment 80 #
Proposal for a directive
Recital 265 a (new)
Recital 265 a (new)
(265a) In case of emergency, like natural disasters, the electric power supply as well as the mobile network might be shut down or overloaded. Mobile phones might therefore be the only means to receive information. As result, radio may be the only remaining tool to inform the public. Therefore, it is necessary to enable analogue and digital broadcast reception capabilities in all devices, which will be automatically activated in case of emergency. Moreover, the radio signal should be turned on automatically on consumer radio equipment.
Amendment 81 #
Proposal for a directive
Recital 266 a (new)
Recital 266 a (new)
(266a) All consumer equipment enabling the reception of radio and audio signals should be able to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks. The radio landscape in the Union is still heterogeneous, whilst FM still used as the main broadcasting standard for radio. In order to make listeners enjoy radio when travelling across the Union independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals, especially radio receivers, should be able to receive both analogue and digital radio signals, as well as via IP networks. If markets decide to switch from analogue radio to digital, the availability of a multi standard receiver equipment will save radio stations from losing audience reach.
Amendment 109 #
Proposal for a directive
Article 33 – paragraph 5 – point c
Article 33 – paragraph 5 – point c
Amendment 146 #
Proposal for a directive
Article 94 – paragraph 1
Article 94 – paragraph 1
Member States shall not maintain orand introduce in their national law end-user protection provisions on the subject- matters covered by this Title and diverging from the provisions laid down in this Title, including more or less stringent provisions to ensure a differenthigher level of protection, unless otherwise provided for in this Title for the end user.
Amendment 147 #
Proposal for a directive
Article 105 – title
Article 105 – title
Interoperability of consumer digital television and radio equipment
Amendment 148 #
In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer digital television and radio equipment referred to therein.
Amendment 159 #
Proposal for a directive
Annex V – point 11 a (new)
Annex V – point 11 a (new)
(11a) radio services
Amendment 162 #
Proposal for a directive
Annex X – part 2 a (new)
Annex X – part 2 a (new)
2a. INTEROPERABILITY FOR ANALOGUE AND DIGITAL RADIO RECEIVING DEVICES All consumer equipment enabling the reception of radio and/or audio signals made available in the Union, is to possess the capability to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks.
Amendment 168 #
Proposal for a directive
Recital 10
Recital 10
(10) Certain electronic communications services under this Directive could also fulfil the definition of ‘information society service’ in Article 1 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services. The provisions governing Information Society Services apply to those electronic communications services to the extent that there are not more specific provisions applicable to electronic communications services in this Directive or in other Union acts. However, electronic communications services such as voice telephony, messaging services and electronic mail services are covered by this Directive. The same undertaking, for example an Internet service provider, can offer both an electronic communications service, such as access to the Internet, and services not covered under this Directive, such as the provision of web-based and not communications-related content.
Amendment 185 #
Proposal for a directive
Recital 27
Recital 27
(27) It is necessary to give appropriate incentives for investment in new very high capacity networks that will support innovation in content-rich Internet services and strengthen the international competitiveness of the European Union. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is therefore vital to promote sustainable investment in the development of these new networks, while safeguarding competition and boosting consumer choice through regulatory predictability and consistency.
Amendment 186 #
Proposal for a directive
Recital 28
Recital 28
(28) The aim is progressively to reduce ex ante sector-specific rules as competition in the markets develops and, ultimately, for electronic communications to be governed by competition law only. Considering that the markets for electronic communications have shown strong competitive dynamics in recent years, it is essential that ex ante regulatory obligations conly be imposed where there is no effective and sustainable competition on the retail markets concerntinue to be imposed.
Amendment 190 #
Proposal for a directive
Recital 44
Recital 44
(44) General authorisations should only contain conditions which are specific to the electronic communications sector. It should not be made subject to conditions which are already applicable by virtue of other existing national law which is not specific to the communications sector. For instanceNevertheless, the national regulatory authorities may inform network operators and service providers about applicable environmental and town and country planning requirements, and other legislation concerning their business, for instance through references on their websites.
Amendment 194 #
Proposal for a directive
Recital 45
Recital 45
(45) TIt is essential that the conditions that may be attached to authorisations should cover specific conditions governing accessibility for users with disabilities and the need of public authorities and emergency services to communicate between themselves and with the general public before, during and after major disasters.
Amendment 281 #
Proposal for a directive
Recital 262 a (new)
Recital 262 a (new)
(262a) In case of emergency, like natural disasters, the electric power supply as well as the mobile network might be shut down or overloaded. Mobile phones might therefore be the only means to receive information. As result, radio may be the only remaining tool to inform the public. Therefore, it is necessary to enable analogue and digital broadcast reception capabilities in all devices, which will be automatically activated in case of emergency. Moreover, the radio signal should be turned on automatically on consumer radio equipment.
Amendment 286 #
Proposal for a directive
Recital 266 a (new)
Recital 266 a (new)
(266a) Users should enjoy radio services across the Union irrespective of the transmission standards used in the different Member States. Radio sets should therefore be capable of receiving radio by digital broadcasting or IP networks, in order to ensure that interoperability, which currently relies on FM radio, is maintained. This may also improve public safety, by enabling users to access and receive emergency information irrespective of the technology used wherever they are in the Member States.
Amendment 287 #
Proposal for a directive
Recital 266 b (new)
Recital 266 b (new)
Amendment 291 #
Proposal for a directive
Recital 269
Recital 269
(269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations,; but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘'Must carry’' obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives, for instance, media pluralism and cultural diversity. Member States should provide an objective justification for the ‘'must carry’' obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision for proportionate remuneration.
Amendment 297 #
Proposal for a directive
Recital 270
Recital 270
(270) Networks used for the distribution of radio or television broadcastMust-carry obligations should be applied in the respect of the principle of technological neutrality taking due account of the rapid evolution of distribution systems and business models affecting the media sector. Electronic communications networks and services used for the distribution of radio or audiovisual media services to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent thatand services used by a significant number of end- users use such networks as their principal means to receive radio and television broadcastto receive radio and audiovisual media services. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations to enable end-users to access connect TV services.
Amendment 369 #
Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – point a
Article 35 – paragraph 3 – subparagraph 1 – point a
(a) promote the development of the internal market as well as competition and maximise the benefits for the consumer, and overall achieve the objectives and principles set in Articles 3 and 45(2),
Amendment 422 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d
Article 59 – paragraph 1 – subparagraph 2 – point d
(d) to the extent that is necessary to ensure accessibility for end-users to digital radio and television broadcastingaudiovisual media services as well as related complementary services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.
Amendment 533 #
Proposal for a directive
Article 94 – paragraph 1
Article 94 – paragraph 1
Member States shall not maintain orand introduce in their national law end-user protection provisions on the subject- matters covered by this Title and diverging from the provisions laid down in this Title, including more or less stringent provisions to ensure a differenthigher level of protection, unless otherwise provided for in this Title for the end user.
Amendment 725 #
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, requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end-users:
Amendment 737 #
Proposal for a directive
Article 105 – title
Article 105 – title
Interoperability of consumer radio and digital television equipment
Amendment 738 #
Proposal for a directive
Article 105 – paragraph 1
Article 105 – paragraph 1
In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.
Amendment 747 #
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States may 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-users and data supporting connected TV services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services 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 758 #
Proposal for a directive
Article 106 – paragraph 2
Article 106 – paragraph 2
2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by legal provisions, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.
Amendment 769 #
Proposal for a directive
Annex V – point 11 a (new)
Annex V – point 11 a (new)
(11a) audiovisual media services