17 Amendments of Pascal ARIMONT related to 2016/0288(COD)
Amendment 292 #
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. 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 301 #
Proposal for a directive
Recital 270
Recital 270
(270) NetworkElectronic communications networks and services 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 and services 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 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 for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations.
Amendment 309 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
Amendment 524 #
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 or temporary location unless such differences are objectively justified.
Amendment 529 #
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
Amendment 540 #
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 than number-independent interpersonal communications services, and, where appropriate, providers of publicly available 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 and comprehensible manner:
Amendment 594 #
Proposal for a directive
Article 96 – paragraph 1
Article 96 – paragraph 1
(1) National regulatory authorities shall ensure that the information referred to in Annex VIII is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.
Amendment 614 #
Proposal for a directive
Article 97 – paragraph 1
Article 97 – paragraph 1
(1) National regulatory authorities may require providers of internet access services and of publicly available number- based interpersonal communications services to publish comprehensive, comparable, reliable, user-friendly and up- to-date information for end-users on the quality of their services and on measures taken to ensure equivalence in access for disabled end-users. That information shall, on request, be supplied to the national regulatory authority in advance of its publication.
Amendment 663 #
Proposal for a directive
Article 100 – paragraph 2
Article 100 – paragraph 2
(2) Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-startedprovider and the consumer have agreed otherwise in accordance with existing law.
Amendment 672 #
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 and users to whom internal emergency numbers are available, are able to access the emergency services through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number ‘112’ and any national emergency number specified by Member States.
Amendment 683 #
Proposal for a directive
Article 102 – paragraph 3
Article 102 – paragraph 3
(3) Member States shall ensure that all emergency communications to the single European emergency number ‘112’ are appropriately answered and handled in the manner best suited to the national organisation of emergency systems, taking account of the need to provide a multilingual answering service for such calls. Such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency number or numbers, where these continue to be in use.
Amendment 691 #
Proposal for a directive
Article 102 – paragraph 3 a (new)
Article 102 – paragraph 3 a (new)
(3a) The Commission, acting in coordination with the relevant competent authorities, shall adopt a recommendation on performance indicators for the Member States and shall, by (...) and thereafter every two years, forward to the European Parliament and the Council reports on the effectiveness of the use of the European emergency number ‘112’ and the functioning of the performance indicators.
Amendment 704 #
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
(5) Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and device location information, if available. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end- user and to the authority handling the emergency communication 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. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.
Amendment 723 #
Proposal for a directive
Article 102 – paragraph 7 b (new)
Article 102 – paragraph 7 b (new)
7b. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient 'Reverse- 112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.
Amendment 751 #
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 and services 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 759 #
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, 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 783 #
Proposal for a directive
Article 59 – paragraph 2 a (new)
Article 59 – paragraph 2 a (new)
2 a. Member States may ensure that national regulatory authorities may, on the grounds that the replication of infrastructure to end-users would be economically inefficient or physically impracticable, impose obligations upon reasonable request to grant access to network elements and to settle disputes concerning this access. Such access shall be subject to agreements concluded on the basis of fair and reasonable terms and conditions that allow replicability. When imposing such access the national regulatory authority shall do so proportionately, taking into account the future economic and financial viability of investments in new network elements, and solely if it is aimed at preventing or countering consumer harm and enabling maximum consumer benefits in terms of choice, price and quality on the basis of effective competition. It shall also respect the objective of promoting access to very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses.