Activities of Lambert van NISTELROOIJ 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 (31)
Amendment 165 #
Proposal for a directive
Recital 7
Recital 7
(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21. The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. TUnless explicitly excluded from the scope of application of the Code, electronic communications networks and services are covered by this Code. Also, the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee media pluralism, cultural diversity and consumer protection. __________________ 21 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 182 #
Proposal for a directive
Recital 17
Recital 17
(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purelyonly a minor ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.
Amendment 263 #
Proposal for a directive
Recital 256
Recital 256
(256) Member States should ensure that undertakings providing end-users with number-based interpersonal communications services provide reliable and accurate access to emergency services, taking into account national specifications and criteria and the capabilities of national PSAPs. Where the number-based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service, the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate PSAP with the same reliability. For such network-independent undertakings, namely undertakings which are not integrated with a public communications network provider, providing caller location information may not always be technically feasible. Member States should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network-independent providers of number-based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications service. Where such standards and the related PSAP systems have not yet been implemented, network-independent number-based interpersonal communications services should not be required to provide access to emergency services except in a manner that is technically feasible or economically viable. As an example, this may include the designation by a Member State of a single, central PSAP for receiving emergency communications.
Amendment 289 #
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. In order for these criteria to be met, Member States should ensure that radio and TV broadcasters provide access to the defined channels and related accessibility services or information necessary in a non-discriminatory manner ('must-offer'). Respective entitlements should include on-demand platforms, in particular circumstances, such as where access to the above mentioned content may be restricted by rights holders. 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 310 #
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 publicly available 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 serviceof signals 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 315 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'interpersonal communications service’' means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons(s) initiating or participating in the communication determine its recipient(s); i. It is the nature of such a service that it is bidirectional. It does not include services which enable interpersonal and interactive communication mereonly as a minor ancillary feature that is intrinsically linked to another service;.
Amendment 321 #
Proposal for a directive
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
(32) voice communications’' means 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;
Amendment 382 #
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 securitysecurity incident that has had a significant impact on the operation of networks or services. Providers of number-independent interpersonal communications services and providers of electronic communication services subject to general authorization that have notified as cross- border operators shall only have to notify the competent authority of the Member State of their main establishment.
Amendment 398 #
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 breach and time-limits for implementation, to undertakings providing public communications networks or publicly available electronic communications services. For providers of number-independent interpersonal communications services and providers of electronic communication services subject to general authorization that have notified as cross-border operators, the competent authority shall be that of the Member State of main establishment.
Amendment 459 #
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Member StatesBEREC, in close cooperation with the European Commission, shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territorwhich are indispensable to ensure social and economic participation in society. To that end, the functional internet access service shall be capable of supporting the minimum set of services set services set out by BEREC in close cooperation with the European Commission, taking into account in Annex Vnational specifics.
Amendment 527 #
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a 1. By [3 months after adoption of this directive], the European Commission jointly with BEREC shall initiate a review of the market of intra-Union communications services terminating in another Member State with a view to assessing measures necessary to eliminate market distortion that leads to abusive pricing. The Commission shall review, inter alia, the degree of competition in intra-Union fixed communications services markets, and in particular shall assess available tariffs for the consumer. This encompasses available tariffs in the scope of voice only contracts, voice services bundled into larger service contracts and available tariffs over the internet access services and OTT's. In assessing measures necessary to enable possible measures to protect consumers, the Commission and BEREC shall take into account the need to ensure that the providers of intra-EU calls are able to recover all costs of providing intra-EU calls, including joint and common costs. 2. By [6 months after start of the assessment], the Commission shall submit a report to the European Parliament and to the Council on the findings of the review referred to in paragraph 1. If decided to be necessary, that report shall be accompanied by an appropriate legislative proposal preceded by a public consultation, to address the intra-EU call tariffs or to provide for another solution to address the issues identified.
Amendment 541 #
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 electronicinternet access services, interpersonal number based communications services other thanand, where applicable, 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 maand the following information, to the extent such information pertains to a service they provide, and thover which they have foullowing information control, in a clear and comprehensible manner:
Amendment 546 #
Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 1
Article 95 – paragraph 1 – point a – point i – indent 1
- for internet access services: at least latency, jitter, packet loss,the information relating to speed and quality as set out in Article 4 of Regulation (EU) 2015/2120
Amendment 555 #
Proposal for a directive
Article 95 – paragraph 1 – point c – introductory part
Article 95 – paragraph 1 – point c – introductory part
(c) as part of the information on priceremuneration:
Amendment 559 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point ii
Article 95 – paragraph 1 – point c – point ii
(ii) tariff information regarding any numbers or services subject to particular pricing conditions; with respect to individual categories of services, NRAs may require such information to be provided immediately prior to connecting the callIn case of remuneration other than money an information on the kind of remuneration, notwithstanding Regulation (EU) 2016/679 in case of personal data as remuneration,
Amendment 571 #
Proposal for a directive
Article 95 – paragraph 2 – indent 1
Article 95 – paragraph 2 – indent 1
- for publicly available interpersonal communications services only, any constraints on access to emergency services and/or caller location information due to a lack of technical feasibility;
Amendment 572 #
Proposal for a directive
Article 95 – paragraph 2 – indent 2
Article 95 – paragraph 2 – indent 2
- the end-user's rightfor publicly available interpersonal communications services only, the option to determine whether or not to include his or her personal data in a directory, and the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC;
Amendment 592 #
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 VIIIrticle 95 is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number-independentinternet access services and 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 613 #
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. Measures of providers of publicly available interpersonal communications services to ensure quality of service shall respect net neutrality and shall be taken on a best effort basis.
Amendment 653 #
Proposal for a directive
Article 100 – paragraph 1
Article 100 – paragraph 1
1. IfWhere a 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 number-independent interpersonal communications services, Articles 95, 96 (1), 98 and 99 (1) shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end- useris offered to consumers Article 98 (1) and the information requirements listed in points (a) to (e) of Article 95(5) shall apply mutatis mutandis to all elements of the bundle. A bundle for the purpose of this article is to be understood as consisting of an internet access service and/or interpersonal communications service with different but complementary terminal equipment and services provided by the same provider either i) under the same contract, or ii) under the same and subordinate contracts or iii) under the same and under linked contracts provided for a single combined price.
Amendment 660 #
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 period 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-startedconsumer and provider have explicitly and legally agreed to it.
Amendment 669 #
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, are able to access the emergency services and of private electronic communication networks, are able to access the emergency services, or, where applicable, the internal 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 675 #
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 for originating communications to a number in a national telephone numbering plan provide access to emergency services through emergency communications to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the oblig to the extent such emergency communications can reasonably be provided using location infor undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c)mation that is available to number- based interpersonal communications service providers and in a manner that is consistent with the Member State's existing emergency calling infrastructure.
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 702 #
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 if available, handset- derived caller location information. 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 719 #
Proposal for a directive
Article 102 – paragraph 7 a (new)
Article 102 – paragraph 7 a (new)
7a. The Commission shall maintain a database of E.164 numbers of European emergency services to ensure that they are able to contact each other from one Member State to another.
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 742 #
Proposal for a directive
Article 106 – title
Article 106 – title
‘Must carry’ obligations and 'must offer' entitlements
Amendment 746 #
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 the related complementary services, particularly accessibility services tohat 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 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 obligationsMember States who impose 'must carry' obligations may also impose reasonable 'must offer' entitlements as regards specified radio and television broadcast channels of general interest on undertakings under their jurisdiction holding the relevant rights. 'Must carry' obligations referred to in the first subparagraph 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 754 #
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. Where and services. If remuneration is provided for, which Member States shall ensure that itregulate in national law (including the amount of payment), such remuneration is applied in a proportionate and transparent manner.