25 Amendments of Andreas SCHWAB related to 2016/0288(COD)
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 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 376 #
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 baseline measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services. For the purpose of this article, services which otherwise qualify as publicly available electronic communication services but that also meet the definition of Digital Service Provider under Directive 2016/1148 should be subject solely to Directive 2016/1148.
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 385 #
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point a
Article 40 – paragraph 3 – subparagraph 2 – point a
(a) the number of customers affected by the breach;
Amendment 390 #
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 undertakings to do so, where it determines that disclosure of the breachincident is in the public interest. Prior to informing the public, the competent authority is required to consult the undertakings.
Amendment 393 #
Proposal for a directive
Article 40 – paragraph 5
Article 40 – paragraph 5
5. The Commission, shall be empowered to adopt delegated acts in accordance with Article 109 with a view to specifying the measures referred to in paragraphs 1 and 2, including measures defining the circumstances, format and procedures applicable to notification requirements. The delegated acts shall be based on European and international standards to the greatest extent possible, and shall not pMember States shall only adopt additional requirevment Member States from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2s to the extent necessary to safeguard their essential state functions, in particular national security, and to maintain law and order. 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 comply with any additional national requirements as imposed by 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 400 #
Proposal for a directive
Article 41 – paragraph 2 – introductory part
Article 41 – paragraph 2 – introductory part
2. Member States shall ensure that competent authorities have the power to require undertakings providing public communications networks or, publicly available electronvoice communications services or publicly available Internet Access Services to:
Amendment 402 #
Proposal for a directive
Article 41 – paragraph 2 – point b
Article 41 – paragraph 2 – point b
(b) submit to a security audit carried out by a qualified independent body or a competent authoritn internal or qualified external body and make the results thereof available to the competent authority. The cost of the audit shall be paid by the undertaking.
Amendment 535 #
Proposal for a directive
Article 94 – paragraph 1 a (new)
Article 94 – paragraph 1 a (new)
When adopting delegated acts on the security requirements, the Commission should take the utmost account of the opinion of ENISA and should consult interested stakeholders. The Commission should ensure consistency with existing implementing measures in the context of the Network and Information Security Directive (2016/1148) to ensure a harmonised approach both across member States and across potentially overlapping legislation.
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 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 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.