Activities of Antonio LÓPEZ-ISTÚRIZ WHITE related to 2016/0288(COD)
Legal basis opinions (0)
Amendments (48)
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 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 306 #
Proposal for a directive
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. Where the provisions of this Directive concerning end-users' rights are in conflict with the provisions of Directive (EU) .../...., this Directive shall prevail.
Amendment 308 #
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 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 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 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 347 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where information is considered confidential by a national regulatory or other competent authority in accordance with Union and national rules on business confidentiality or the protection of personal data, the Commission, BEREC and the authorities concerned shall ensure such confidentiality. In accordance with the principle of sincere cooperation, national regulatory authorities and other competent authorities shall not deny the provision of the requested information to the Commission, to BEREC or to another authority on the grounds of confidentiality or the need to consult with the parties which provided the information. When confidential information is shared with the Commission, BEREC or a competent authority undertake to respect the confidentiality of information identified as such by the authority holding it, the latter shall share the information on request for the identified purpose without having to further consult the parties who provided the informatiovia the national regulatory authority, the latter shall promptly inform the undertakings whose information is shared thereof. This will include at least what information has been shared with whom and when.
Amendment 351 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1
Amendment 352 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
Amendment 418 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c
Article 59 – paragraph 1 – subparagraph 2 – point c
(c) in justified cases, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namelyin particular where access to emergency services or end-to-end connectivity between end-users is endangered due to a lack of interoperability between interpersonal communications services.
Amendment 425 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 3 – point ii
Article 59 – paragraph 1 – subparagraph 3 – point ii
(ii) where the Commission, on the basis of a report that it had requested from BEREC, has found an appreciable threat to effective access to emergency services or to end-to-end connectivity between end- users, related to a lack of interoperability of number-independent interpersonal communication services with a particularly broad customer base, within one or several Member States or throughout the European Union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed, in accordance with the examination procedure referred to in Article 110(4). Access to emergency services or end-to- end connectivity between end-users will not be considered endangered if the provider does not have a particularly substantial reach or customer base.
Amendment 428 #
Proposal for a directive
Article 63 – paragraph 1
Article 63 – paragraph 1
1. After consulting stakeholders and in close cooperation with the Commission, BEREC may adopt a Decision identifying transnational marketsnational regulatory authorities the Commission may, taking utmost into account the opinion of BEREC and proceeding in accordance with the principles of competition law and taking utmost account of the Recommendation and SMP Guidelines adopted in accordance with Article 62. BEREC shall conduct an analysis of a potential transnational market if the Commission or at least two national regulatory authorities concerned submit a reasoned request providing supporting evidence, adopt a Decision identifying a transnational market.
Amendment 429 #
Proposal for a directive
Article 63 – paragraph 2 – subparagraph 1
Article 63 – paragraph 2 – subparagraph 1
In the case of transnational markets identified in accordance withthe Decision referred to in paragraph 1, the national regulatory authorities concerned shall jointly conduct the market analysis taking the utmost account of the SMP Guidelines and, in a concerted fashion, shall decide on any imposition, maintenance, amendment or withdrawal of regulatory obligations referred to in Article 65(4). The national regulatory authorities concerned shall jointly notify to the Commission with their draft measures regarding the market analysis and any regulatory obligations pursuant to Articles 32 and 33.
Amendment 431 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point f
Article 71 – paragraph 1 – subparagraph 2 – point f
(f) to provide specified services needed to ensure interoperability of end-to- end services to users, including facilities for software emulated networks or roaming on mobile networks;
Amendment 434 #
Proposal for a directive
Article 71 – paragraph 2 – point e
Article 71 – paragraph 2 – point e
(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition and to sustainable competitionthe need to support innovation on commercial business models which support sustainable competition as an alternative to ex-ante regulation. One particular case would be those based on co-investment in networks;
Amendment 435 #
Proposal for a directive
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3a. A national regulatory authority shall not impose obligations in accordance with Articles 66 and Articles 67 to 72 if the concerned operator provide commercial wholesale access offers on terms that favour competition in the long term by including, inter alia, fair and reasonable terms for the sharing of risk and flexibility in terms of the value and timing of the commitment provided by each access seeker as well as the possibility to increase such commitment in the future.
Amendment 437 #
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 accountpromote long- term end-user interests related to investment in 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 438 #
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 3
Article 72 – paragraph 1 – subparagraph 3
National regulatory authorities shall not impose or maintain obligations pursuant to this Article, for new network elements where their deployment contributes to the availability of very-high capacity networks, or where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective and non discriminatoryion of access.
Amendment 439 #
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 4 a (new)
Article 72 – paragraph 1 – subparagraph 4 a (new)
In particular, to encourage investment by the operator, national regulatory authorities shall not impose obligations for cost orientation of access prices on very high capacity networks.
Amendment 440 #
Proposal for a directive
Article 72 – paragraph 3
Article 72 – paragraph 3
Amendment 441 #
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
Amendment 444 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a
Article 74 – paragraph 1 – subparagraph 1 – point a
(a) the deployment of the new network elements either (i) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or (ii) is conducted by a single undertaking that provides a wholesale offer on terms which favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; mechanisms for risk-sharing; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;
Amendment 447 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c
Article 74 – paragraph 1 – subparagraph 1 – point c
(c) access seekers not participating in the co-investmentone of the deployment models listed in point (a) can benefit from the same quality, speed, conditions and end- user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;.
Amendment 448 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2
Article 74 – paragraph 1 – subparagraph 2
Amendment 452 #
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall ensure that all end-usconsumers in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.
Amendment 476 #
Proposal for a directive
Article 80 – paragraph 4
Article 80 – paragraph 4
4. Member States may, 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 voice communications services at least at a fixed location.
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 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 593 #
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 VIIIrticles 95(1) and 95(2) is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number-independentinternet access service 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 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 598 #
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 1
Article 96 – paragraph 2 – subparagraph 1
National regulatory authorities shall ensure that end-users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs, and the quality of service performance of different publicly available electronic communications services other than number-independentinternet access services and interpersonal communications services.
Amendment 604 #
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 3
Article 96 – paragraph 2 – subparagraph 3
Comparison tools fulfilling the requirements in points (a) to (g) shall, upon request, be certified by national regulatory authorities. Third parties shall have a right to use, free of charge, the information published by undertakings providing publicly available electronic communications services, other than number-independentinternet access services and interpersonal communications services, for the purposes of making available such independent comparison tools.
Amendment 606 #
Proposal for a directive
Article 96 – paragraph 3 – introductory part
Article 96 – paragraph 3 – introductory part
3. Member States may require that both, national authorities and the undertakings, providing internet access services or publicly available number- based interpersonal communications services distribute public interest information free of charge to existing and new end-users, where appropriate, by the same means as those they ordinarily use in their communications with end-users. In such a case, that public interest information shall be provided by the relevant public authorities in a standardised format and shall, inter alia, cover the following topics:
Amendment 607 #
Proposal for a directive
Article 96 – paragraph 3 – point a
Article 96 – paragraph 3 – point a
(a) the most common uses of internet access services and publicly available number-based interpersonal communications services to engage in unlawful activities or to disseminate harmful content, particularly where it may prejudice respect for the rights and freedoms of others, including infringements of copyright and related rights, and their legal consequences; and
Amendment 609 #
Proposal for a directive
Article 96 – paragraph 3 – point b
Article 96 – paragraph 3 – point b
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 657 #
Proposal for a directive
Article 100 – paragraph 1
Article 100 – paragraph 1
1. If a bundle of services or a bundle of services and goodsterminal equipment offered to an end- usconsumers comprises at least a publicly available electronic communications service other than number-independentinternet access service or 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 another8 (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 are more favourable to the end-user.
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 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 712 #
Proposal for a directive
Article 102 – paragraph 6 – subparagraph 1 a (new)
Article 102 – paragraph 6 – subparagraph 1 a (new)
That information shall be ensured for persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities, including sign languages, Braille, augmentative and alternative communication and other accessible means.
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.