181 Amendments of Marc TARABELLA related to 2016/0288(COD)
Amendment 166 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States should be able to ensure, in the interest of media pluralism and cultural diversity and an informed citizenship, that citizens have access to a wide range of information and public value content provided by media service providers, in line with the evolution of media distribution systems and relevant business models.
Amendment 167 #
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 170 #
Proposal for a directive
Recital 14
Recital 14
(14) Definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development to ensure the non-discriminatory application of the present Directive to the different service providers. Technological and market evolution has brought networks to move to internet protocol technology, and enabled end-users to choose between a range of competing voice service providers. Therefore, the term 'publicly available telephone service', exclusively used in Directive 2002/22/EC and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term 'voicetwo-way communications'. Conditions for the provision of a service should be separated from the actual definitional elements of a voicetwo-way communications service, i.e. 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, whether such a service is based on circuit switching or packet switching technology. It is the nature of such a service that it is bidirectional, enabling both the parties to communicate. A service which does not fulfil all these conditions, such as for example a ‘'click-through’' application on a customer service website, is not such a service. VoiceTwo-way communications services also include means of communication specifically intended for disabled end- users with disabilities using text or video relay or total conversation services, such as voice, video and real-time text, singly or in combination, within the same call).
Amendment 178 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied against counter-performance other than money, for instance by giving access to personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user actively provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cookie)and information collected by the undertaking. In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24 , remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. __________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.
Amendment 179 #
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, aAll communication services, whether or not they are ancillary to another principal service, shall be boulnd not beby the rules on consfidered as an interpersonalntiality and security of communications service i. If the interpersonal and interactive communication facility is a purely 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, all other provisions beyond rules on security of communications in this Directive shall not apply to such ancillary services.
Amendment 184 #
Proposal for a directive
Recital 22
Recital 22
(22) The activities of competent authorities established under this Directive contribute to the fulfilment of broader policies in the areas of culture and cultural diversity, media pluralism, employment, the environment, social cohesion and town and country planning.
Amendment 193 #
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) Member States should ensure that end-users with disabilities enjoy equal access and choice to electronic communication services, in respect to the obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and according to the UNCRPD Committee General Comment nº 2 on Accessibility on the application of Universal Design approach. Member States should therefore take the necessary measures, including ex ante conditions, to ensure that electronic communication service providers and related equipment manufacturers make their services and products accessible for end-users with disabilities following a Universal Design approach.
Amendment 198 #
Proposal for a directive
Recital 69
Recital 69
(69) In the context of a competitive environment, the views of interested parties, including users and consumers, should be taken into account by national regulatory authorities when dealing with issues related to end-users' rights. Out-of- court dispute settlement procedures may constitute a fast and cost-efficient way end- users to enforce their rights, in particular for consumers and micro and small enterprises. For consumer disputes, effective, non-discriminatory and inexpensive procedures to settle their disputes with providers of publicly available electronic communications services are already ensured by Directive 2013/11/EU of the European Parliament and of the Council31 in so far as relevant contractual disputes are concerned and the consumer is resident and the undertaking is established within the Union. As many Member States have established dispute resolution procedures also for end-users other than consumers, to whom Directive 2013/11/EU does not apply, it is reasonable to maintain the sector-specific dispute resolution procedure for both consumers and, where Member States extend it, also for other end-users, in particular micro and small enterprises. Consumers should always be allowed to resolve their disputes with undertakings providing electronic communications networks and services through sector-specific dispute resolution procedure, if they wish to do so. In view of the deep sectorial expertise of national regulatory authorities, Member States should enable the national regulatory authority to act as dispute settlement entity, through a separate body within that authority which should not be subject to any instructions. Dispute resolution procedures under this Directive that involve consumers should be subject to clear and efficient procedures and the quality requirements set out in Chapter II of Directive 2013/11/EU. __________________ 31 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).
Amendment 200 #
Proposal for a directive
Recital 90
Recital 90
(90) Providers of public electronic communications networks or publicly available electronic communications services, or of both, should be required to take measures to safeguard the security of their networks and services, respectively. Having regard to the state of the art, those measures should ensure a level of security of networks and services appropriate to the risks posed. Security measures should take into account, as a minimum, all the relevant aspects of the following elements: as regards security of networks and facilities: physical and environmental security, security of supplies, access control to networks and integrity of networks; as regards incident handling: incident-handling procedures, incident detection capability, incident reporting and communication; as regards business continuity management: service continuity strategy and contingency plans, disaster recovery capabilities; and as regards monitoring, auditing and testing: monitoring and logging policies, exercise contingency plans, network and service testing, security assessments and compliance monitoring; and compliance with international standards. In a situation of security breach, end-users should be informed accordingly of any potential risks and possible protective measures or remedies which they can use.
Amendment 204 #
Proposal for a directive
Recital 127
Recital 127
(127) Massive growth in radio spectrum demand, and in end-user demand for wireless broadband capacity, calls for solutions allowing alternative, complementary, spectrally efficient access solutions, including low-power wireless access systems with a small-area operating range such as radio local area networks (RLAN) and networks of low-power small- size cellular access points. Such complementary wireless access systems, in particular publicly accessible RLAN access points, increase access to the internet for end-users and mobile traffic off-loading for mobile operators. RLANs use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right. Most RLAN access points are so far used by private users as local wireless extension of their fixed broadband connection. End-users, within the limits of their own internet subscription, should not be prevented from sharing access to their RLAN with others, so as to increase the number of available access points, particularly in densely populated areas, maximise wireless data capacity through radio spectrum re-use and create a cost- effective complementary wireless broadband infrastructure accessible to other end-users. Therefore, unnecessary restrictions to the deployment and interlinkage of RLAN access points should also be removed.Providers shall ensure that such access is given with the explicit consent of end-users, is not detrimental to the conditions of an end-users' own access and liability is not born by the end- user giving the access to their network located at the end-user's premises. In addition, Public authorities or public service providers, who use RLANs in their premises for their personnel, visitors or clients, for example to facilitate access to e-Government services or for information on public transport or road traffic management, could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises, to the extent allowed by competition and public procurement rules. Moreover, the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non-commercial basis or as an ancillary service to another activity that is not dependant on such access (such as RLAN hotspots made available to customers of other commercial activities or to the general public in that area) can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end-users or interconnection. However, such provider should remain subject to the liability rules of Article 12 of Directive 2000/31/EC on electronic commerce35 . Further technologies such as LiFi are emerging that will complement current radio spectrum capabilities of RLANs and wireless access point to include optical visible light-based access points and lead to hybrid local area networks allowing optical wireless communication. __________________ 35 Directive2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), (OJ L 178, 17.7.2000, p.1).
Amendment 208 #
Proposal for a directive
Recital 195
Recital 195
(195) Basic broadband internet access is virtually universally available across the Union and very widely used for a wide range of activities. However, the overall take-up rate is lower than availability as there are still those who are disconnected by reasons related to awareness, cost, skills and by choice. Affordable functional, accessible and available internet access has become of crucial importance to society and the wider economy. It provides the basis for participation in the digital economy and society through essential online internet services.
Amendment 212 #
Proposal for a directive
Recital 196
Recital 196
(196) A fundamental requirement of universal service is to ensure that all end- users havefollow a Universal Design approach in order to ensure that all end-users, including end-users with disabilities, have equal access ato an affordable price toand available functional internet access and voicetwo-way communications services, at least at a fixed location to all citizens, especially for socially disadvantaged communities. Member States should also have the possibility to ensure affordability, availability and accessibility of services not provided at a fixed location butlso to citizens on the move, where they deem this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations.
Amendment 214 #
Proposal for a directive
Recital 197
Recital 197
(197) The speed of Internet access experienced by a given user may depend on a number of factors, including the provider(s) of Internet connectivity as well as the given application for which a connection is being used. The affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic servicesavailable, affordable and accessible internet access provided under the universal service obligation should have the capacity to support access to and use of basic internet services and minimum bandwidth that reflect the services used byneeds of the majority of end-users. This minimum list of services should be fur and is needed to allow citizens an adequate level of social inclusion and participation in ther defined by Member States, in order to allow an adequate level of social inclusion and participation in the digital sociigital society and economy in their territory. This would ensure that all consumers have access to what is a standard basic broadband in the Member State. The requirements of Union legislation on open internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015, should apply to any list of internety and economy in their territoryccess services or minimum bandwidth adopted under the universal service obligation.
Amendment 217 #
Proposal for a directive
Recital 200
Recital 200
(200) Affordable price means a price defined by Member States at national level in the light of specific national conditions, and may involve special tariff options or packages to deal with the needs of low- income users or users with special social needs, including the elderly, the disabled and the end-users. These end-users may include older people living in rural or geographically isolated areas. These offers should be provided with basic features, in order to avoid distortion of the functioning of the marketensure their right to access publicly available electronic communication services. Affordability for individual end- users should be founded upon their right to contract with an undertaking, availability of a number, continued connection of service and their ability to monitor and control their expenditure.
Amendment 220 #
Proposal for a directive
Recital 201
Recital 201
(201) It should no longer be possible to refuse end-users access to the minimum set of connectivity services. A right to contract with an undertaking should mean that end- users who might face refusal, in particular those with low incomes or special social needs, should have the possibility to enter into a contract for the provision of affordable functional internet access and voice communications services at least at a fixed location with any undertaking providing such services in that location. In order to minimise the financial risks such as non- payment of bills, undertakings should be free to provide the contract under pre- payment terms, on the basis of affordable individual pre-paid units.
Amendment 223 #
Proposal for a directive
Recital 206
Recital 206
(206) Member States should introduce measures to promote the creation of a market for affordabased on a Universal Design approach for affordable and accessible products and services incorporating facilities for disabled end- users, including equipment with assistive technologi with disabilities, including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services. This can be achieved, inter alia, by referring to European standards, or by introducing requirements in accordance with Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services38 Member States should define appropriate measures according to national circumstances, which gives flexibility for Member States to take specific measures for instance if the market is not delivering affordable and accessible products and services incorporating facilities for disabled end- users with disabilities under normal economic conditions. __________________ 38OJ C […], […], p. […]. 38 OJ C […], […], p. […].
Amendment 225 #
Proposal for a directive
Recital 207
Recital 207
(207) For data communications at data rates that are sufficient to permit a functionaln Internet access, fixed-line connections are nearly universally available and used by a majority of citizens across the Union. The standard fixed broadband coverage and availability in the Union stands at 97% of homes in 2015, with an average take-up rate of 72%, and services based on wireless technologies have even greater reach. However, there are differences between Member States as regards availability and affordability of fixed broadband across urban and rural areas.
Amendment 226 #
Proposal for a directive
Recital 208
Recital 208
(208) The market has a leading role to play in ensuring availability of broadband internet access with constantly growing capacity. In areas where the market would not deliver, other public policy tools to support availability of functional internet access connections appear, in principle, more cost-effective and less market- distortive than universal service obligations, for example recourse to financial instruments such as those available under EFSI and CEF, the use of public funding from the European structural and investment funds, attaching coverage obligations to rights of use for radio spectrum to support the deployment of broadband networks in less densely populated areas and public investment in conformity with Union State aid rules.
Amendment 227 #
Proposal for a directive
Recital 209
Recital 209
(209) If after carrying out a due assessment, taking into account the results of the geographical survey of networks deployment conducted by the national regulatory authority, it is shown that neither the market nor public intervention mechanisms are likely to provide end-users in certain areas with a connection capable of delivering functional internet access service as defined by Member States in accordance with Article 79 (2) and voice communications services at a fixed location, the Member State should be able to exceptionally designate different undertakings or sets of undertakings to provide these services in the different relevant parts of the national territory. Universal service obligations in support of availability of functional internet access service may be restricted by Member States to the end-user’s primary location or residence. There should be no constraints on the technical means by which the functional internet access and voice communications services at a fixed location are provided, allowing for wired or wireless technologies, nor any constraints on which operators provide part or all of universal service obligations.
Amendment 228 #
Proposal for a directive
Recital 214
Recital 214
(214) In order to provide stability and support a gradual transition, Member States should be able to continue to ensure the provision of universal services in their territory, other than functional internet access and voice communications services at a fixed location, that are included in the scope of their universal obligations on the basis of Directive 2002/22/EC at the entry into force of this Directive, provided the services or comparable services are not available under normal commercial circumstances. Public pay telephones and communications access points should be provided in key points, such as airports or train and bus stations, as well as places used by people in cases of emergencies, such as hospitals, police stations and highway emergency areas, to meet the reasonable needs of end-users, including end-users with disabilities Allowing the continuation of the provision of public payphones, directories and directory enquiry services under the universal service regime, as long as the need is still demonstrated, would give Member States the flexibility necessary to duly take into account the varying national circumstances. However, the financing of such services should be done via public funds as for the other universal service obligations.
Amendment 229 #
Proposal for a directive
Recital 215
Recital 215
(215) Member States should monitor the situation of end-users with respect to their use of functional internet access and voice communications services and in particular with respect to affordability and availability. The affordability of functional internet access and voicetwo-way communications services is related to the information which users receive regarding usage expenses as well as the relative cost of usage compared to other services, and is also related to their ability to control expenditure. Affordability therefore means giving power to consumers through obligations imposed on undertakings. These obligations include a specified level of itemised billing, the possibility for consumers selectively to block certain calls (such as high-priced calls to premium services), the possibility for consumers to control expenditure via pre-payment means and the possibility for consumers to offset up-front connection fees. Such measures may need to be reviewed and changed in the light of market developments.
Amendment 230 #
Proposal for a directive
Recital 217
Recital 217
(217) Where the provision of functional internet access and voicetwo-way communications services or the provision of other universal services in accordance with Article 85 the universal service obligation under this directive result in an unfair burden on an undertaking, taking due account of the costs and revenues as well as the intangible benefits resulting from the provision of the services concerned, that unfair burden can be included in any net cost calculation of universal obligations.
Amendment 233 #
Proposal for a directive
Recital 227
Recital 227
(227) Considering the particular aspects related to reporting missing children, Member States should maintain their commitment to ensure that a well- functioning service for reporting missing children is actually available in their territories under the number ‘116000’. Member States shall ensure that a review of their national system is carried out regarding transposition and implementation of the Directive, taking into account the measures needed to achieve a sufficient level of service quality in operating the 116 000 number as well as engaging the financial resources necessary to operate the hotline.
Amendment 235 #
Proposal for a directive
Recital 227 a (new)
Recital 227 a (new)
Amendment 238 #
Proposal for a directive
Recital 232
Recital 232
(232) Provisions on contracts in this Directive should apply irrespective the amount of any payment to be made by the customer. They should apply not only to consumers but also to micro and small enterprises as defined in Commission Recommendation 2003/361/EC, whose bargaining position is comparable to that of consumers and which should therefore benefit from the same level of protection. The provisions on contracts, including those contained in Directive 2011/83/EU onIn order to achieve a high level of consumer protection, several end-user provisions should be reasonably enhanced in this Directive in the light of best practices in Member States. Minimum harmonisation of consumers' rights, should apply automatically to those undertakings unless they prefer negotiating individualised contract terms with providers of electronic communications services. As opposed to micro and small enterprises, larger enterprises usually have stronger bargaining power and do, therefore, not depend on the same contractual information requirements as consumers. Other provisions, such as number portability, which are important also for larger enterprises should continue to apply to all end-users across Europe increases the trust of end-users in the internal market as they benefit from a high level of protection when using electronic communications networks and services. Therefore, Member States should maintain the possibility to have a higher level of end-user protection and to act in areas not covered by this Directive.
Amendment 239 #
Proposal for a directive
Recital 232 a (new)
Recital 232 a (new)
(232a) Very significant price differences continue to prevail, both for fixed and mobile communications, between domestic voice and SMS communications and those terminating in another Member State. While there are substantial variations between countries, operators and tariff packages, and between mobile and fixed services, this continues to affect more vulnerable customer groups and to pose barriers to seamless communication within the EU. Any significant retail price differences between electronic communications services terminating in the same Member State and those terminating in another Member State should therefore be justified by reference to objective criteria.
Amendment 241 #
Proposal for a directive
Recital 233
Recital 233
(233) The specificities of the electronic communications sector require, beyond horizontal contract rules, a limited number ofn additional end- user protection provisions. End-users should inter alia be informed of any quality of service levels offered,, conditions for promotions and termination of contracts, applicable tariff plans and tariffs for services subject to particular pricing conditions. That information is relevant for most publicly available electronic communications services but not for number-independent interpersonal communications services. In order to enable the end-user to make a well- informed choice, it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language. For the same reason, providers should present a summary of the essential contract terms. In order to facilitate comparability and reduce compliance cost, BEREC should issue a template for such contract summaries. The pre-contractual information as well as the summary template should constitute an integral part of the final contract.
Amendment 242 #
Proposal for a directive
Recital 233 a (new)
Recital 233 a (new)
(233a) Providers of electronic communication network and/or internet access service and interpersonal communication services provided for remuneration should offer to end-users the possibility to set a financial cap on their usage. This should ensure that without the end-user's explicit consent, the accumulated expenditure over the specified billing period does not exceed a specified financial limit set by the end- user and that an appropriate notification shall be sent to the end-user, when consumption of services has reached the financial limit.
Amendment 243 #
Proposal for a directive
Recital 235
Recital 235
(235) With respect to terminal equipment, the customer contract should specify any reshere a compensation linked to subsidised terminal equipment bundled with the contract at the moment of the contriactions imposed by the provider on the use of the equipment, such as by way of ‘SIM-locking’ mobile devices, if such restrictions are not prohibited under national legislation, and any charges due on termination of the contract, whether before or on the agreed expiry date, including any cost imposed in order to retain the equipment. Any charges due at early termination for conclusion exists, the maximum compensation that consumers should pay shall be determined based on either the remaining instalments for the terminal equipment bundled with the contract at the moment of the contract conclusion or the remaining part of the service fee until the end of the contract, whichever amount is smaller. Any restriction on the usage of terminal equipment andon other promotional advantages should be calculated on the basis of customary depreciation methods and on a pro rata temporis basis, respectivelynetworks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.
Amendment 244 #
Proposal for a directive
Recital 237
Recital 237
(237) The availability of transparent, up- to-date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services. End-users should be able to easily compare the prices of various services offered on the market based on information published in an easily accessible form. In order to allow them to make price and service comparisons easily, national regulatory authorities should be able to require from undertakings providing electronic communications networks and/or electronic communications services other than number-independent interpersonal communications services greater transparency as regards information (including tariffs, quality of service, restrictions on terminal equipment supplied, and other relevant statistics). Any such requirements should take due account of the characteristics of those networks or services. They should also ensure that third parties have the right to use, without charge, publicly available information published by such undertakings, in view of providing comparison tools. No internet access or interpersonal communication service provider should be given favourable treatment in search results.
Amendment 248 #
Proposal for a directive
Recital 244
Recital 244
(244) In order to take full advantage of the competitive environment, consumers should be able to make informed choices and to change providers when it is in their best interest. It is essential to ensure that they are able to do so without being hindered by legal, technical or practical obstacles, including contractual conditions, procedures, charges etc. That does not preclude undertakings from setting reasonable minimum contractual periods of up to 24 months in consumer contracts. However, Member States should have the possibility to set a shorter maximum duration in light of national conditions, such as levels of competition and stability of network investments. Independently from the electronic communications service contract, consumers might prefer and benefit from a longer reimbursement period for physical connections. Such consumer commitments can be an important factor in facilitating deployment of very high capacity connectivity networks up to or very close to end-user premises, including through demand aggregation schemes which enable network investors to reduce initial take-up risks. However, the rights of consumers to switch between providers of electronic communications services, as established in this Directive, should not be restricted by such reimbursement periods in contracts on physical connections.
Amendment 249 #
Proposal for a directive
Recital 245
Recital 245
(245) Consumers should be able to terminate theira contract without incurring any costs also in cases of automa a one-month notice prolongation after the expiration of the initial contract termeriod. No termination penalties shall be due.
Amendment 251 #
Proposal for a directive
Recital 246
Recital 246
(246) Any changes to the contractual conditions improposed by providers of publicly available electronic communications services other than number-independent interpersonal communications services, to the detriment of the end-user, for example in relation to charges, tariffs, data volume limitations, data speeds, coverage, or the processing of personal data should be considered as giving rise to the right of the end-user to terminate the contract without incurring any costs, even if they are combined with some beneficial changes. Subscription to one or more additional services offered should not re- start or extend the initial contract period unless the initial services or the additional services are offered at a special promotional price conditioned to the renewal of the existing contract, subject to the explicit previous agreement of the consumer to extend or renew the contract.
Amendment 254 #
Proposal for a directive
Recital 251
Recital 251
(251) NSwitching and number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications and should be implemented with the minimum delay, so that the number is functionally activated within one working day and the user does not experience a loss of service lasting longer than one working day. In order to facilitate a one-stop-shop enabling a seamless switching experience for end- users, the switching process should be led by the receiving provider of electronic communications to the public. National regulatory authorities may prescribe the global process of the porting of numbers, taking into account national provisions on contracts and technological developments. Experience in certain Member States has shown that there is a risk of consumers being switched to another provider without having given their consent. While that is a matter that should primarily be addressed by law enforcement authorities, Member States should be able to impose such minimum proportionate measures regarding the switching process, including appropriate sanctions, as are necessary to minimise such risks, and to ensure that consumers are protected throughout the switching process without making the process less attractive for them.
Amendment 256 #
Proposal for a directive
Recital 252
Recital 252
(252) Bundles comprising publicly available electronic communications services other than number-independent interpersonal communications services, and other services such as linear broadcasting, or goodsterminal equipment such as devices, have become increasingly widespread and are an important element of competition. While they often bring about benefits for end-users, they can make switching more difficult or costly and raise risks of contractual "lock-in". Where divergent contractual rules on contract termination and switching apply to the different services, and to any contractual commitment regarding acquisition of products which form part of a bundle, consumers are effectively hampered in their rights under this Directive to switch to competitive offers for the entire bundle or parts of it. The provisions of this Directive regarding contracts, transparency, contract duration and termination and switching should, therefore, apply to all elements of a bundle, except to the extent that other rules applicable to the non-electronic communications elements of the bundle are more favourable to the consumer. Other contractual issues, such as the remedies applicable in the event of non-conformity with the contract, should be governed by the rules applicable to the respective element of the bundle, for instance by the rules of contracts for the sales of goods or for the supply of digital content. For the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the initial contract period.
Amendment 259 #
Proposal for a directive
Recital 254
Recital 254
(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including disabled end- users, the elderly with disabilities, older people, and users with special social needs, have easy and equal access to affordable and accessible high quality services. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disabilityies in drawing up measures under Article 114 of the TFEU.
Amendment 260 #
Proposal for a directive
Recital 255
Recital 255
(255) End-users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment, pre- registration or pre-installation of any kind of software, from any device which enables number-based interpersonal communications services, private telecommunications networks, relay services and total conversation services and where applicable through internal emergency services, including when using roaming services in a Member State. Emergency communications are means of communication, that include not only voice communications but also SMS, messagingreal-time text, video or other types of communications, including through the use of third party relay services, that are enabled in a Member State to access emergency services. Emergency communication can be triggered on behalf of a person by the eCall in-vehicle system as defined by Regulation 2015/758/EU of the European Parliament and of the Council41 . __________________ 41 Regulation 2015/758/EU of the European Parliament and of the Council concerning type-approval requirements for the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC(OJ L 123, 19.5.2015, p. 77)
Amendment 264 #
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, including where possible through total conversation services taking into account national specifications and criteria. 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 services.
Amendment 265 #
Proposal for a directive
Recital 256 a (new)
Recital 256 a (new)
(256a) In case of an appreciable threat to effective access to emergency services in the future the Commission might extend the emergency services to all interpersonal communications services. Prior to extending the emergency services to interpersonal communication services, the Commission, shall assess in close consultation with industry, Member States’ PSAPs, standardisation bodies and other relevant stakeholders, the feasibility of those services to provide accurate and reliable access to emergency service, including location data, and of the PSAPs to be capable of receiving such communications through number- independent interpersonal communications services. End-users should be informed by the provider of interpersonal communication services if support access to 112 is not provided and in case they do if the call or text does not go to the PSAPs.
Amendment 266 #
Proposal for a directive
Recital 256 b (new)
Recital 256 b (new)
(256b) There is a current existing deficit when it comes to the reporting and performance measurement by Member States with respect to the answering and handling of emergency calls. Therefore, the Commission, having consulted the national regulatory authorities and emergency services, shall adopt performance indicators applicable to the Member States emergency services and report back to the European Parliament and the Council on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators.
Amendment 269 #
Proposal for a directive
Recital 257
Recital 257
(257) Member States should take specific measures to ensure that emergency services, including ‘112’, are equally accessible to disabled end-userend-users with disabilities, in particular deaf, hearing-impaired, speech- impaired and deaf-blind users through real time text or the use of third party relay services interoperable with the telephony networks across the EU. This could also involve the provision of special terminal devices for hearing-impaired users, text relay services, or other specific equipmentpeople with disabilities when the abovementioned ways of communication are not suitable for them.
Amendment 270 #
Proposal for a directive
Recital 259
Recital 259
(259) Caller location information improves the level of protection and the security of end-users and assists the emergency services in the discharge of their duties, provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of PSAPs. The reception and use of caller location information which includes both network-based location information and where available, enhanced handset caller location information should comply with relevant Union law on the processing of personal data and security measures. Undertakings that provide network-based location should make caller location information available to emergency services as soon as the call reaches that service, independently of the technology used. However handset-based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the EGNOS and Galileo Satellite system and other Global Navigation Satellite Systems and Wi-Fi data. Therefore handset-derived caller location information should complement network-based location information even if the handset-derived location may become available only after the emergency communication is set up. Member States should ensure that the PSAPs are able to retrieve and manage the caller location information available. In addition, BEREC, having consulted the stakeholders and in close collaboration with the Commission, shall set up guidelines laying down the criteria for the accuracy and reliability of the caller location information to be provided to the emergency services. The guidelines shall take into account the feasibility of using a mobile terminal equipped with a GNSS devices of mobile terminals in order to improve the accuracy and reliability of the caller location information of a 112 call. The establishment and transmission of caller location information should be free of charge for both the end-user and the authority handling the emergency communication irrespective of the means of establishment, for example through the handset or the network, or the means of transmission, for example through voice channel, SMS or Internet Protocol-based.
Amendment 272 #
Proposal for a directive
Recital 260 a (new)
Recital 260 a (new)
(260a) Currently, a citizen in Country A who has a need to contact the emergency services in Country B cannot do so because the emergency services have no facility to contact each other. The solution is to have an EU-wide, secure database of telephone numbers for a lead emergency service(s) in each country. Therefore, the Commission shall maintain a secure database of E.164 European emergency service numbers in order to ensure that they can be contacted in one Member State from another.
Amendment 273 #
Proposal for a directive
Recital 260 b (new)
Recital 260 b (new)
(260b) Recent terrorist attacks in Europe have highlighted the lack of efficient public warning systems in the Member States and across Europe. It is crucial that Member States can inform all the population in a determined area of on- going disasters/attacks or upcoming threats, through the use of electronic communications networks and services, the establishment of national 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 and data protection rules. The Commission should also assess if it is feasible to set up a universal, accessible, cross-border EU-wide "Reverse 112 communication system" in order to alert the public in the event of an imminent or developing disaster or major state of emergency across different Member States.
Amendment 275 #
Proposal for a directive
Recital 261
Recital 261
(261) In order to ensure that disabled end-userend-users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end-users, relevant national authorities should specify, where appropriate and in light of national conditions, consumer protection requirements for disabled end-userend-users with disabilities to be met by undertakings providing publicly available electronic communications services. Such requirements can include, in particular, that undertakings ensure that disabled end-userend-users with disabilities take advantage of their services on equivalent terms and conditions, including prices, tariffs and quality, as those offered to their other end- users, irrespective of any additional costs incurred by these undertakings. Other requirements can relate to wholesale arrangements between undertakings. In order to avoid creating an excessive burdeNational regulatory authorities should verify in consultation with service providers national regulatory authorities should verifyand representative organisations of persons with disabilities, whether the objectives of equivalent access and choice can actually be achieved without such other measures.
Amendment 277 #
Proposal for a directive
Recital 262
Recital 262
(262) In addition to the affordability measures for disabled userusers with disabilities set out in this Directive, Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for disabled userusers with disabilities of electronic communications services and related consumer terminal equipment. Therefore the corresponding obligation in this Directive that required Member States to encourage the availability of terminal equipment for disabled userusers with disabilities has become obsolete and should be repealed except for the provision of assistive technologies interoperable with publicly available electronic communication terminal equipment and services, when the latter do not meet the needs of specific groups of persons with disabilities.
Amendment 282 #
Proposal for a directive
Recital 265
Recital 265
(265) End-users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the Union for the reception of radio and digital television. Member States should be able to require minimum harmonised standards in respect of such equipment. Such standards could be adapted from time to time in the light of technological and market developments.
Amendment 285 #
Proposal for a directive
Recital 266 a (new)
Recital 266 a (new)
(266a) Radio sets should be capable of receiving radio by analogue and digital broadcasting and/or IP networks in order to ensure that interoperability in the digital age is maintained. This will also improve public safety by allowing listeners to receive information in case of emergency of natural or manmade disaster, as well as traffic information when travelling between Member States, irrespective of the technology used. For this reason the presence of analogue and digital broadcast reception capability should be enabled in all devices and, if technically possible, automatically activated in case of emergency.
Amendment 288 #
Proposal for a directive
Recital 266 b (new)
Recital 266 b (new)
(266b) Consumer equipment enabling the reception of radio and audio signals is to possess the capability to receive radio in a technology neutral manner. Therefore, independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals should be able to receive analogue and digital radio reception, and via IP networks. This should not apply to low price and smallest consumer electronics.
Amendment 290 #
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 are a safety net provided in the interest of citizens to safeguard the principles of media pluralism and cultural diversity through ensuring access to a wide range of information and public value content; 'Must carry’' obligations may be applied to specified radio and television broadcast channelaudiovisual media services 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 of the public, such as media pluralism and cultural diversity and in line with the evolution of media distribution systems, consumer trends and related business models. 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 and rules for proportionate remuneration. Any 'must carry' obligation remains independent from, and does not prejudice, the entitlement of holders of copyright or related rights to obtain fair remuneration for the use of their works or protected subject matter on the network concerned.
Amendment 294 #
Proposal for a directive
Recital 270
Recital 270
(270) NetworkMust-carry obligations should be applied in a technologically neutral manner taking into account evolving media distribution systems and consumer trends. Electronic communications networks and services used for the distribution of radio or televisionaudiovisual media services broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcastaudiovisual media services. Must carry obligations canshould include the transmission of services specifically designed to enable appropriate access by disabled userequivalent access by users with disabilities. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation. 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 accessible programme-related data supporting those functionalities canhould be included in must carry obligations.
Amendment 305 #
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
On the other hand, it is to ensure the provision throughout the Union of good- quality, affordable, publicly available services through effective competition and choice, to deal with circumstances in which the needs of end-users, including disabled useraccess to services on an equal basis with other end- users by users with disabilities, are not satisfactorily met by the market and to lay down the necessary end- user rights.
Amendment 311 #
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 initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;
Amendment 318 #
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘call’ means a connection established by means of a publicly available interpersonal communications service allowing two-way voice communication, through voice, video and/or real time text and through text relay and video relay services;
Amendment 322 #
Proposal for a directive
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
(32) voiceTwo-way communications’ means a 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; supporting voice, video and real time text communication solely or in any combination, through a number or numbers in a national or international telephone numbering plan and through text relay and video based relay services; (Horizontal amendment: voice communications should be replaced throughout the text with two-way communications)
Amendment 330 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
National regulatory and other competent authorities mayshall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
Amendment 331 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The national regulatory and other competent authorities as well as BEREC shall pursue each of the general objectives below. The expression of the list in the order form (a) to (d) does not constitute a ranking of the general objectives:
Amendment 332 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) promote access to, and take-up of,the availability and affordability of and access to very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;
Amendment 333 #
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) promote competition in the provision of electronic communications networks, services and associated facilities, including efficient infrastructure-based competition, and in the provision of electronic communications services and associated services;
Amendment 334 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) contribute to the development of the internal market in particular by ensuring effective and fair competition, as well as social and territorial cohesion by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the availability and interoperability of pan- European services, and end-to-end connectivity and equivalent access for all end-users;
Amendment 335 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) promote the interests of the citizens of the Union, cultural diversity and media pluralism and including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services including through video, real time text, and relay services for end-users with disabilities, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of proteclevel of consumer protection through minimum harmonisation for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.
Amendment 339 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 5 a (new)
Article 5 – paragraph 1 – subparagraph 2 – indent 5 a (new)
– monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity;
Amendment 341 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6
Article 5 – paragraph 1 – subparagraph 2 – indent 6
– ensuring consumer protection and end-user rights in the electronic communications sector, including equal access and choice for end-users with disabilities;
Amendment 356 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Member States shall ensure as far as appropriate that national regulatory authorities take account of the views of end-users, consumers (including, in particular, disabled consumers)consumers with disabilities, manufacturers and undertakings that provide electronic communications networks and/or services, as well as their representative organisations, on issues related to all end-user and consumer rights, including equivalent access and choice for end-users with disabilities, concerning publicly available electronic communications services, in particular where they have a significant impact on the market.
Amendment 361 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall ensure that consumers, including persons with disabilities have access to transparent, non- discriminatory, simple, fast, fair and inexpensive out-of-court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number-independent interpersonal communicationsnetworks and services, arising under this Directive and relating to the contractual conditions and/or performance of contracts concerning the supply of those networks and/or services. Providers of publicly available electronic communications networks and services shall not refuse consumer's request to resolve a dispute with the consumer through an out-of-court dispute resolution on the basis of clear and efficient procedures and guidelines. Member States shall enable the national regulatory authority to act as a dispute settlement entity. Such procedures shall comply with the quality requirements set out in Chapter II of Directive 2013/11/EU. Member States may grant access to such procedures to other end-users, in particular micro and small enterprises.
Amendment 366 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In the event of a dispute arising in connection with existing obligations under this Directive between undertakings providing electronic communications networks or services in a Member State, or between such undertakings and other undertakings in the Member State benefiting from obligations of access and/or interconnection or between undertakings providing electronic communications networks or services in a Member State and providers of associated facilities, the national regulatory authority concerned shall, at the request of either party, and without prejudice to paragraph 2, issue a binding decision to resolve the dispute in the shortest possible time frame on the basis of clear and efficient procedures and guidelines and in any case within four months, except in exceptional circumstances. The Member State concerned shall require that all parties cooperate fully with the national regulatory authority.
Amendment 372 #
Proposal for a directive
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
(b) numbering, including number ranges, portability of numbers and identifiers, number and address translation systems, and access to 112 emergency servicinteroperability of total conversation services and access to 112 emergency services, including for persons with disabilities.
Amendment 374 #
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 4
Article 39 – paragraph 2 – subparagraph 4
Amendment 375 #
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
3. If the standards and/or specifications referred to in paragraph 1 have not been adequately implemented so that interoperability of services in one or more Member States cannot be ensured, the implementation of such standards and/or specifications may be made compulsory and free of charge under the procedure laid down in paragraph 4, to the extent strictly necessary to ensure such interoperability and to improve freedom of choice for users.
Amendment 392 #
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 4 a (new)
Article 40 – paragraph 3 – subparagraph 4 a (new)
Member States shall ensure that in case of a particular security breach in public communication networks or publicly available electronic communication services, providers of such networks or services shall inform their end-users of the security breach, potential risks and of any possible protective measures or remedies which can be taken by the end- users.
Amendment 409 #
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Competent authorities shallmay not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-userto the prior informed and explicit agreement of the end-user and to the condition that the bandwidth contracted by the end-user shall not be impacted/reduced. End-users that agree to make available publicly available radio local area networks deliver through their terminal equipment and/or that use the electronic communication service they are a subscriber of, shall never be deemed liable for any activity undertaking by another person or legal entity connected through the radio local area network.
Amendment 413 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, including total conversation services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, media pluralism, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed among other remedies.
Amendment 415 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point b
Article 59 – paragraph 1 – subparagraph 2 – point b
(b) in justified cases and to the extent that is necessary, obligations on those undertakings that are subject to general authorisation and that control access to end-users to make their services interoperable; including services that connect with the publicly switched telephone network by means of an assigned numbering resources or that enable communications with a number or numbers in national or international telephone numbering plan to make their services interoperable including for real time text and video calls;
Amendment 419 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c
Article 59 – paragraph 1 – subparagraph 2 – point c
(c) in justified cases, and where technically feasible, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely where effective competition, 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 420 #
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 broadcasting, including for end-users with disabilities, to digital radio and audiovisual media services as well as related complementary services specified by the Member State, obligations on operators to provide access to the other facilities and to provide access to radio and audio or audiovisual media services referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.
Amendment 423 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d a (new)
Article 59 – paragraph 1 – subparagraph 2 – point d a (new)
(da) to the extent that it is necessary obligations on devices, graphical users interfaces and operating systems to provide non-discriminatory access to radio and their ancillary audio or audio- visual media services specified by the Member States, as stated in Annex II part II.
Amendment 427 #
Proposal for a directive
Article 60 – paragraph 4
Article 60 – paragraph 4
4. Conditions applied in accordance with this Article and Article 59 are without prejudice to the ability of Member States to impose obligations in relation to the presentational aspect of electronic programme guides and similaother listing and navigation facilities.
Amendment 450 #
Proposal for a directive
Article 79 – title
Article 79 – title
Available, Accessible and Affordable universal service
Amendment 451 #
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functionalbroadband internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location. The available, accessible and affordable universal service is indispensable for enabling social inclusion and providing a social safety net by establishing a right to a basic internet access service. (Horizontal amendment: the word "functional" should be deleted throughout the text)
Amendment 457 #
Proposal for a directive
Article 79 – paragraph 1 a (new)
Article 79 – paragraph 1 a (new)
1a. Member States shall ensure that the internet services provided through the universal service obligation under this Directive must comply with the requirements of Union legislation on open internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015.
Amendment 460 #
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Member States shall define the functional internet access services referred to in paragraph 1 with a view to adequatelensure they reflect the services used by the majority of end-users in their territory. To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V.
Amendment 467 #
Proposal for a directive
Article 79 – paragraph 3
Article 79 – paragraph 3
3. When an end-user so requests, the connection referred to in paragraph 1 may be limited to support voicetwo-way communications only.
Amendment 468 #
Proposal for a directive
Article 80 – title
Article 80 – title
Provision of available, accessible and affordable universal service
Amendment 471 #
Proposal for a directive
Article 80 – paragraph 2
Article 80 – paragraph 2
2. Where Member States establish that, in the light of national conditions, retail prices for services identified in Article 79(1) are not affordable, because low-income or special social needs end- users are prevented from accessing such services, they may require undertakings which provide such services to offer to those end-users tariff options or packages different from those provided under normal commercial conditions. To that end, Member States mayshall require such undertakings to apply common tariffs, including geographic averaging, throughout the territory. Member States shall ensure that end-users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in Article 79(1) and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service.
Amendment 474 #
Proposal for a directive
Article 80 – paragraph 4
Article 80 – paragraph 4
4. Member States mayshall, 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 voicetwo- way communications services at least at a fixed location.
Amendment 477 #
Proposal for a directive
Article 80 – paragraph 5
Article 80 – paragraph 5
5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, orand that other specific measures are taken, in view of ensuring that accessibility related terminal equipment, and specific equipment and specific services, including text and video relay services, enhancing equivalent access are affordable. Average cost of relay services for the end-user shall not exceed the average cost of voice communication services.
Amendment 480 #
Proposal for a directive
Article 80 – paragraph 6
Article 80 – paragraph 6
6. When applying this Article, Member States shall seek to establish appropriate safeguards for end-users and minimise market distortions.
Amendment 483 #
Proposal for a directive
Article 81 – paragraph 1
Article 81 – paragraph 1
1. Where a Member State has duly demonstrated, account taken of the results of the geographical survey conducted in accordance with Article 22(1), that the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voicetwo-way communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools, it mayshall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.
Amendment 485 #
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
2. Member States shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voicetwo- way communications service, whilst respecting the principles of objectivity, transparency, non- discrimination and proportionality. They shall seek to minimise market distortions, in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions, whilst safeguarding the public interest.
Amendment 489 #
Proposal for a directive
Article 81 – paragraph 3
Article 81 – paragraph 3
3. In particular, where Member States decide to impose obligations to ensure the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voicetwo-way communications service, they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with Article 79(2) and of voicetwo-way communications service in order to cover all the national territory. Member States may designate different undertakings or sets of undertakings to provide functional internet access and voicetext and video relay services, internet access and text and video relay services, two-way communications services at a fixed location and/or to cover different parts of the national territory.
Amendment 491 #
Proposal for a directive
Article 81 – paragraph 4
Article 81 – paragraph 4
4. When Member States designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voicetwo-way communications service, they shall do so using an efficient, objective, transparent and non- discriminatory designation mechanism, whereby no undertaking is a priori excluded from being designated. Such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost-effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with Article 84.
Amendment 494 #
Proposal for a directive
Article 82 – paragraph 1
Article 82 – paragraph 1
Member States may continue to ensure the availability or affordability of other services than functional internet access service as defined in accordance with Article 79(2) and voicetwo-way communications service at a fixed location that were in force prior to [set date], if the need for such services is duly demonstrated in the light of national circumstances. When Member States designate undertakings in part or all of the national territory for the provision of those services, Article 81 shall apply. Financing of these obligations shall comply with Article 85.
Amendment 497 #
Proposal for a directive
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
Member States shall ensure that public pay telephones and two-way communications access points are provided in key points, such as airports or train and bus stations, as well as places used by people in cases of emergencies, such as hospitals, police stations and highway emergency areas, to meet the reasonable needs of end-users, including end-users with disabilities.
Amendment 500 #
Proposal for a directive
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
Member States shall ensure that it is possible to make emergency calls from public pay telephones and two-way communication access points using the single European emergency call number '112' , '116'and other national emergency numbers all free of charge.
Amendment 503 #
Proposal for a directive
Article 85 – paragraph 1
Article 85 – paragraph 1
Where, on the basis of the net cost calculation referred to in Article 84, national regulatory authorities find that an undertaking is subject to an unfair burden, Member States shall, upon request from the undertaking concerned, decide to introduce a mechanism in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82: to compensate that undertaking for the determined net costs under transparent conditions from public funds. Only or to share the net cost, as determined in accordance with Article 84, of the obligations laid down in Arts of universal service obligations between providers of electronic communication networks and servicles 79, 81 and 82 may be finan, and information society serviceds.
Amendment 512 #
Proposal for a directive
Article 87 – paragraph 2
Article 87 – paragraph 2
2. National regulatory authorities may also grant rights of use for numbering resources from the national numbering plans for the provision of specific services to undertakings other than providers of electronic communications networks or services, provided that those undertakings demonstrate their ability to manage those numbers and sufficient and adequate numbering resources are made available to satisfy current and foreseeable future demandcomply with any relevant requirements. National regulatory authorities may suspend the granting of numbering resources to such undertakings if it is demonstrated that there is a risk of exhaustion of numbering resources. By [entry into force plus 18 months] in order to contribute to the consistent application of this paragraph, BEREC shall adopt, after consulting stakeholders and in close cooperation with the Commission, guidelines on common criteria for the assessment of the ability to manage numbering resources and the risk of exhaustion of numbering resources.
Amendment 513 #
Proposal for a directive
Article 87 – paragraph 5 – subparagraph 1
Article 87 – paragraph 5 – subparagraph 1
Member States shall ensure that the ‘'00’' code is the standard international access code. Special arrangements for making calluse of number-based interpersonal communication services between locations adjacent to one another across borders between Member States may be established or continued. End-users in the locations concerned shall be fully informed of such arrangements or agreements.
Amendment 514 #
Proposal for a directive
Article 87 – paragraph 6
Article 87 – paragraph 6
6. Member States shall promote the over –the-air provisioning of numbering resources, - where technically feasible - to facilitate switchainge of providers of electronic communications networks or services by end-users other than consumers, in particular providers and users of machine- to-machine services..
Amendment 518 #
Proposal for a directive
Article 90 – paragraph 1
Article 90 – paragraph 1
1. Member States shall ensure that citizens have access to a service operating a hotline to report cases of missing children free of charge. The hotline shall be available on the number ‘116000’.
Amendment 520 #
Proposal for a directive
Article 90 – paragraph 2
Article 90 – paragraph 2
2. Member States shall ensure that disabled end-userend-users with disabilities are able to access services provided under the number ‘116000’ to the greatest extent possible'116000' numbering on equal basis with other end- users, in particular through the use of two-way communication services and available relay services. Measures taken to facilitate disabled end- users' with disabilities access to such services whilst travelling in other Member States shall be based on compliance with relevant standards or specifications published in accordance with Article 39.
Amendment 521 #
Proposal for a directive
Article 90 – paragraph 2 a (new)
Article 90 – paragraph 2 a (new)
2a. Member States shall ensure that appropriate measures needed to achieve a sufficient level of service quality in operating the 116 000 number as well as engaging necessary financial resources to operate the hotline are implemented.
Amendment 522 #
Proposal for a directive
Article 90 – paragraph 2 b (new)
Article 90 – paragraph 2 b (new)
2b. Member States and the Commission shall ensure that citizens are adequately informed of the existence and use of services provided under the '116 000' number.
Amendment 528 #
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union communication 1. Providers of electronic communication services to the public shall not apply tariffs for intra-Union fixed and mobile communications services terminating in another Member State different from tariffs of services terminating in the same member state, unless the provider demonstrates that the existence of different costs is objectively justified. 2. By (six months after the entry into force of this Directive), BEREC after consulting stakeholders and in close cooperation with the Commission shall adopt guidelines on the recovery of such objectively justified different costs pursuant to paragraph 1. Such guidelines shall ensure that any differences are strictly based on existent direct costs that provider incur by providing the cross- border services; 3. By (one year after the entry into force of this Directive and annually thereafter), the European Commission shall provide a report on the application of the obligations of paragraph 1, including an assessment of the evolution of intra-Union communication tariffs.
Amendment 534 #
Proposal for a directive
Article 94 – paragraph 1
Article 94 – paragraph 1
Member States shall notmay maintain or introduce in their national law additional requirements on 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 consumer protection, unless otherwise provided for in this Title.
Amendment 536 #
Proposal for a directive
Article 95 – paragraph -1 (new)
Article 95 – paragraph -1 (new)
–1. The pre-contractual information provided in this article including the contract summary shall constitute an integral part of the final contract and is without prejudice to the requirements laid down in Directive 2011/83/EU. Member States shall ensure that the information referred to in this Article is provided in a clear, comprehensive and easily accessible manner. On a request made by the consumer or other end-users, a copy of the information can also be provided on a durable medium and in accessible formats for end-users with disabilities.
Amendment 539 #
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, shall provid, shall provide free of charge the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, andt least the following information in a clear and comprehensible mann, where relevant to the services they are providing to a consumer:
Amendment 545 #
Proposal for a directive
Article 95 – paragraph 1 – point a – point i – introductory part
Article 95 – paragraph 1 – point a – point i – introductory part
(i) any minimum service quality levels to the extent that these are offered, and where relevant in accordance with BEREC guidelines to be adopted after consultation of stakeholders and in close cooperation with the Commission, regarding:
Amendment 552 #
Proposal for a directive
Article 95 – paragraph 1 – point a – point ii
Article 95 – paragraph 1 – point a – point ii
(ii) without prejudice to the right of end-users to use terminal equipment of their choice in accordance with Article 3(1) of Regulation 2015/2120/EC, any fees and restrictions imposed by the provider on the use of terminal equipment supplied and the necessary technical information for the proper functioning of the equipment chosen by the consumer;
Amendment 554 #
Proposal for a directive
Article 95 – paragraph 1 – point b
Article 95 – paragraph 1 – point b
(b) any compensation and refund arrangements, including where applicable, explicit reference to statutory rights of consumers, which apply if contracted service quality levels are not met;
Amendment 556 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point i
Article 95 – paragraph 1 – point c – point i
(i) details of tariffspecific tariff plan or plans under the contract and, for each such tariff plan the types of services offered, including where applicable, the volumes of communications (MB, minutes, SMS) included per billing period, and the price for additional communication units,
Amendment 557 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point i a (new)
Article 95 – paragraph 1 – point c – point i a (new)
(ia) in the case of tariff plan or plans with a pre-set volume of communications, the possibility for consumers to defer any unused volume from the preceding billing period to the following billing period,
Amendment 558 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point i b (new)
Article 95 – paragraph 1 – point c – point i b (new)
(ib) payment methods offered and any cost differences due to the payment methods, and available facilities to safeguard bill transparency and monitor the level of consumption,
Amendment 560 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point ii a (new)
Article 95 – paragraph 1 – point c – point ii a (new)
(iia) information on what might be the most suitable tariff for end-users based on their usage pattern, information regarding alternative lower-costs tariffs, if available and the possibility to switch between tariffs,
Amendment 561 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point iv
Article 95 – paragraph 1 – point c – point iv
(iv) details of after-sales service and maintenance charges, and maintenance services and customer support services provided, the conditions and charges for these services, and the means of contacting these services,
Amendment 562 #
Proposal for a directive
Article 95 – paragraph 1 – point c – point v
Article 95 – paragraph 1 – point c – point v
(v) the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtainedare made available;
Amendment 565 #
Proposal for a directive
Article 95 – paragraph 1 – point d – point ii
Article 95 – paragraph 1 – point d – point ii
(ii) any procedures and charges related to switching and the portability of numbers and other identifiers and compensation and refund arrangements for delay or abuse of switching,
Amendment 566 #
Proposal for a directive
Article 95 – paragraph 1 – point d – point iii
Article 95 – paragraph 1 – point d – point iii
(iii) any chargeompensations due on early termination of the contract, including information on unlocking the terminal equipment and any cost recovery with respect to terminal equipment and other promotional advantages,
Amendment 567 #
Proposal for a directive
Article 95 – paragraph 1 – point f
Article 95 – paragraph 1 – point f
(f) the means of initiating procedures for the settlement of disputes, including cross-border disputes, in accordance with Article 25;
Amendment 568 #
Proposal for a directive
Article 95 – paragraph 1 – point g a (new)
Article 95 – paragraph 1 – point g a (new)
(ga) access to information on emergency services and caller location.
Amendment 569 #
Proposal for a directive
Article 95 – paragraph 2 – introductory part
Article 95 – paragraph 2 – introductory part
2. In addition to the requirements set out in paragraph 1 providers of publicly available number-based interpersonal communications services shall provide at least the following information in a clear and, comprehensible and easily accessible manner:
Amendment 574 #
Proposal for a directive
Article 95 – paragraph 2 – indent 2 a (new)
Article 95 – paragraph 2 – indent 2 a (new)
- any constrains or differences in the quality of services due to external factors such as network connectivity.
Amendment 575 #
Proposal for a directive
Article 95 – paragraph 2 – indent 2 b (new)
Article 95 – paragraph 2 – indent 2 b (new)
- without prejudice to article 13 of GDPR, what data, including personal data, are necessary for the performance of the service or collected in exchange for the provision of the service.
Amendment 578 #
Proposal for a directive
Article 95 – paragraph 3
Article 95 – paragraph 3
3. Paragraphs 1 and 2 shall apply also to micro or small enterprises as end-users unlesswhen they have explicitly agreed to waive all or parts of those provisions,opted in to all or parts of those provisions. The providers of electronic communications networks and/or services will have to inform micro to small enterprises in due time on the possibility to opt into the provisions for information requirements under paragraphs 1 and 2 of this Article.
Amendment 582 #
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – introductory part
Article 95 – paragraph 5 – subparagraph 1 – introductory part
By [entry into force + 12 months], BEREC shall issue a decision on astandard contractual information summary template, which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2. Those main elements shall include at least complete information on:
Amendment 583 #
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – point a
Article 95 – paragraph 5 – subparagraph 1 – point a
(a) the name and address of the providerand contact information of the provider and if different, the contact information for any complaints,
Amendment 584 #
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – point c
Article 95 – paragraph 5 – subparagraph 1 – point c
(c) the respective prices or types of remuneration including taxes and any applicable or additional charges,
Amendment 590 #
Proposal for a directive
Article 95 – paragraph 6 a (new)
Article 95 – paragraph 6 a (new)
6a. Providers of electronic communication network and/or internet access service and interpersonal communication services provided for remuneration should offer to end-users the possibility to set a financial cap on their usage. This should ensure that without the end-user's explicit consent, the accumulated expenditure over the specified billing period does not exceed a specified financial limit set by the end- user. An appropriate notification shall be sent to the end-user, when consumption of services has reached 80% of the financial limit set by the end-user. The notification shall indicate the procedure to be followed to continue the provisions of those services and the costs if the financial limit is exceeded. After having reached the financial limits end-users shall be able to receive calls and SMS messages and access to free phone numbers and emergency services by dialling the European emergency number 112 free of charge until the end of the agreed billing period.
Amendment 591 #
Proposal for a directive
Article 95 – paragraph 6 b (new)
Article 95 – paragraph 6 b (new)
6b. Member States may maintain or introduce in their national law additional requirements to ensure a higher level of consumer protection in relation to information requirements for contracts to which this Article applies.
Amendment 595 #
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 interpersonalall providers of electronic communications services, or by the national regulatory authority itself. Such information shall be updated regularly. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.
Amendment 597 #
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 1
Article 96 – paragraph 2 – subparagraph 1
National regulatory authorities shall ensure that end-usconsumers 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 nproviders of internet access services and/or interpersonal communications services. National regulatory authorities may extend the provisions of this article to all end-users. Any differentiation in the conditions applied to consumber-independent interpersonal communications servicess and other end-users shall be made explicit. No internet access or interpersonal communications service provider should be given favourable treatment in search results based on criteria other than the objective criteria used to trigger the search.
Amendment 602 #
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 2 – point g a (new)
Article 96 – paragraph 2 – subparagraph 2 – point g a (new)
(ga) compare similar services, such as internet access services with other internet access services and interpersonal communication services with other interpersonal communication services.
Amendment 603 #
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 2 – point g b (new)
Article 96 – paragraph 2 – subparagraph 2 – point g b (new)
(gb) be accessible for persons with disabilities
Amendment 605 #
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, and in open data formats the information published by undertakings providing publicly available electronic communications services, other than number-independent interpersonal communications services, for the purposes of making available such independent comparison tools.
Amendment 608 #
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 data protection rights, copyright and related rights, and their legal consequences; and
Amendment 610 #
Proposal for a directive
Article 96 – paragraph 3 a (new)
Article 96 – paragraph 3 a (new)
3a. Member States shall ensure that there is at least one available comparison tool which functions according to the above principles.
Amendment 612 #
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. Interpersonal communication services shall inform the consumer, if the quality of services they provide depends on any external factors, such as network connectivity.
Amendment 620 #
Proposal for a directive
Article 98 – paragraph 1 – subparagraph 1
Article 98 – paragraph 1 – subparagraph 1
Member States shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and undertakings providingproviders of publicly available electronic communications services, other than number-independent interpersonal communications services, do not mandate an initial commitment period longer than 24 months. Member States may adopt or maintain shorter maximum durations for the initicontractual commitment period.
Amendment 622 #
Proposal for a directive
Article 98 – paragraph 1 – subparagraph 1 a (new)
Article 98 – paragraph 1 – subparagraph 1 a (new)
Publicly available interpersonal communications service shall maintain the possibility to offer contracts to end- users without any specific termination date or fix duration, however for such contracts end-users shall be able to terminate the contract without any prior notice to the provider of publicly available interpersonal communication services.
Amendment 623 #
Proposal for a directive
Article 98 – paragraph 1 – subparagraph 2
Article 98 – paragraph 1 – subparagraph 2
This paragraph shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments for deployment of a physical connection to a very high capacity connectivity network up to or very close to end-user premises. However, the rights of consumers to switch between providers of electronic communications services, as established in this Directive, should not be restricted by such contracts linked to the deployment of very high capacity connectivity networks.
Amendment 624 #
Proposal for a directive
Article 98 – paragraph 2
Article 98 – paragraph 2
2. Where a contract or national law provides for the possibility of a fixed duration contract to be automatically prolonged, the Member State shall ensure that, after the expiration of the initial period and unless the consumer has explicitly agreed to theextended or renewed after the end of the contract, the Member State shall ensure that the consumer is properly informed and explicitly agrees to such extension or renewal and that the consumer has at least one month to oppose such automatic extension or renewal of the contract, consumers are entitled to after the expiration of the initial period. The extended or renewed contract can be terminated by the contractsumer at any time with ano more than one-month notice period and without incurring any costs except the cost of providing the service during the notice period.
Amendment 628 #
Proposal for a directive
Article 98 – paragraph 2 a (new)
Article 98 – paragraph 2 a (new)
2a. Subscription to one or more additional services offered by the provider of publicly available electronic communication services shall not re-start or extend the initial contract period unless the initial services or the additional services are offered at a special promotional price conditioned to the renewal of the existing contract, subject to the explicit previous agreement of the consumer to extend or renew the contract.
Amendment 629 #
Proposal for a directive
Article 98 – paragraph 2 b (new)
Article 98 – paragraph 2 b (new)
2b. Member States may extend the provisions of this Article to all end-users including not-for-profit organisations.
Amendment 630 #
Proposal for a directive
Article 98 – paragraph 3
Article 98 – paragraph 3
3. End-users shall have the right to terminate their contract without incurring any costs upon receiving notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number-independent interpersonal communications services, unless the proposed changes are exclusively to the benefit of the end-user or theycommunications services, unless the proposed changes are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, anot leastss than one month in advance, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Member States shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end- user at the time of concluding the contract.
Amendment 633 #
Proposal for a directive
Article 98 – paragraph 3 a (new)
Article 98 – paragraph 3 a (new)
3a. Any significant discrepancy, continued or regularly recurring, between the actual performance of an electronic communication service and the performance indicated in the contract, shall be considered as non-conformity of performance for the purposes of triggering the remedies available to the consumer in accordance with national law, including the right to terminate the contract without any cost.
Amendment 634 #
Proposal for a directive
Article 98 – paragraph 4
Article 98 – paragraph 4
4. Where an earlyConsumers shall have the right to termination ofe a contract on a publicly available electronic communications service by the end-user is possible in accordance with this Directive, other provisions of Union law or national law, no compensation shall be due by the end-usgiving a one-month notice. No termination penalties shall be due. Where a compensation linked to subsidised terminal equipment bundled with the contract at the moment of the contract conclusion exists, the maximum compensation that consumers should pay shall be determined either on ther than for the pro rata temporis value of subsidised remaining instalments for the terminal equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such ator on the remaining part of the service fee until the momentd of the contract conclusion, whichever amount is smaller. Any restriction on the usage of terminal equipment on other networks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.
Amendment 637 #
Proposal for a directive
Article 98 – paragraph 4 a (new)
Article 98 – paragraph 4 a (new)
4a. Member States may maintain or introduce in their national law additional requirements to ensure a higher level of consumer protection in relation to contracts to which this Article applies.
Amendment 638 #
Proposal for a directive
Article 99 – title
Article 99 – title
Amendment 640 #
Proposal for a directive
Article 99 – paragraph 1 – subparagraph 1
Article 99 – paragraph 1 – subparagraph 1
In case of switching between providers of internet access services and number-based interpersonal communication services, the providers concerned shall provide the end- user with adequate information before and during the switching process and ensure continuity of the service. The receiving provider shall lead the switching process to ensure that the activation of the service shall occur on the date agreed with the end- user. The transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated. Loss of service during the switching process shall not exceed one working day. National regulatory authorities shall ensure the efficient and simple switching process for the end-user.
Amendment 642 #
Proposal for a directive
Article 99 – paragraph 2
Article 99 – paragraph 2
2. Member States shall ensure that all end-users with numbers from the national telephone numbering plan who so request canshall have the right to retain their number(s) independently of the undertaking providing the service in accordance with the provisions of Part C of Annex VI.
Amendment 649 #
Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2
Article 99 – paragraph 5 – subparagraph 2
The receiving provider shall lead the switching and porting process. National regulatory authorities may establish the global process of switching and of porting of numbers, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to the end-user the necessary end-user protection throughout the switching process and the need to ensure the efficiency of such process for the end-user. In any event, loss of service during the process of porting shall not exceed one working day. In case of failure of the porting process, the transferring provider shall reactivate the number of the end-user until the porting is successful National regulatory authorities shall also take appropriate measures ensuring that end-users are adequately informed and protected throughout the switching process and are not switched to another provider against their will.
Amendment 650 #
Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2 a (new)
Article 99 – paragraph 5 – subparagraph 2 a (new)
The end-users' contracts with the transferring provider shall be terminated automatically upon conclusion of the switching process. Transferring providers shall refund any remaining credit to the consumers using pre-paid services.
Amendment 652 #
Proposal for a directive
Article 99 – paragraph 6
Article 99 – paragraph 6
6. Member States shall ensure that appropriate sanctions on undertakings are provided for, including an obligation to compensate end-users in case of delay in porting or abuse of porting including not making available information necessary for porting in a timely manner, by them or on their behalf.
Amendment 658 #
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- 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-user.
Amendment 664 #
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 consumer explicitly consents and the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-started.
Amendment 665 #
Proposal for a directive
Article 100 – paragraph 2 a (new)
Article 100 – paragraph 2 a (new)
2a. Providers of electronic communications services other than number independent interpersonal communications service shall give consumers the possibility to cancel or switch individual parts of the bundled contract.
Amendment 666 #
Proposal for a directive
Article 100 – paragraph 2 b (new)
Article 100 – paragraph 2 b (new)
2b. Member States may maintain or introduce in their national law additional requirements to ensure a higher level of consumer protection in relation to contracts to which this Article applies.
Amendment 667 #
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 telecommunications networks , relay services and total conversation services, 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, pre- registration or pre-installation, by using the single European emergency number ‘112’ and any national emergency number specified by Member States.
Amendment 676 #
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 provide access to emergency services through emergency communications including where technically feasible through total conversation services, to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the obligation for undertakings if technically feasible may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c). Prior to extending the scope to all interpersonal communication services, the Commission, shall assess in close consultation with industry, Member States PSAPs, standardisation bodies and other relevant stakeholders, the feasibility to provide accurate and reliable access to emergency service, including location data, and of the Public Safety Answering Points to be capable of receiving such communications through number- independent interpersonal communications services.
Amendment 685 #
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 considering the need to answer in a multilingual manner. 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 690 #
Proposal for a directive
Article 102 – paragraph 3 a (new)
Article 102 – paragraph 3 a (new)
3a. The Commission, having consulted the national regulatory authorities and emergency services, shall adopt performance indicators applicable to the Member States emergency services. The Commission shall every two years submit a report to the European Parliament and the Council on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators.
Amendment 694 #
Proposal for a directive
Article 102 – paragraph 4
Article 102 – paragraph 4
4. Member States shall ensure that access for disabled end-userend-users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end-users. Measures taken to ensure that disabled end-users are able to access emergency services through including through total conversation services and available third party relay services. The Commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end-users with disabilities can access emergency services on equal basis with other end-users whilst travelling in other Membergency communications whilst travelling in o States in particular through the use of total conversation services and available relay services. These measures shall ensure interoperability across ther Member States and shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 39, and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article.
Amendment 699 #
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information which includes both network based location information and where available enhanced handset caller location information is available to the PSAP without delay after the emergency communication is set up. Member States shall ensure that the establishment and the transmission of the caller location information respect data privacy and security rules and 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’, including calls from private telecommunications networks and roaming calls. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall layBy 6 months after the entry into force of the Directive at the latest, BEREC, having consulted the stakeholders and in close collaboration with the Commission, shall set up guidelines laying down the criteria for the accuracy and reliability of the caller location information to be provided. to the emergency services in order to improve the accuracy and reliability of the caller location information of a 112 call.
Amendment 707 #
Proposal for a directive
Article 102 – paragraph 6
Article 102 – paragraph 6
6. Member States and the Commission shall ensure that citizens are adequately informed about the existence and use of the single European emergency number ‘112’, as well as its accessibility features, including in particular through initiatives specifically targeting persons travelling between Member States. and persons with disabilities. The Commission shall support and supplement the actions of Member States.
Amendment 715 #
Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1
Article 102 – paragraph 7 – subparagraph 1
In order to ensure effective access to emergency services through emergency communications to ‘112’ services in the Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 109 on the measures necessary to ensure the compatibility, interoperability, quality, reliability and continuity of emergency communications in the Union with regard to caller location solutions, access for disabled end-userend- users and accessibility for persons with disabilities and routing to the most appropriate PSAP.
Amendment 718 #
Proposal for a directive
Article 102 – paragraph 7 – subparagraph 2 a (new)
Article 102 – paragraph 7 – subparagraph 2 a (new)
The Commission shall maintain a secure database of E.164 European emergency service numbers in order to ensure that they can be contacted from any other Member State.
Amendment 724 #
Proposal for a directive
Article 102 a (new)
Article 102 a (new)
Amendment 728 #
Proposal for a directive
Article 103 – paragraph 1 – point a
Article 103 – paragraph 1 – point a
(a) have access to electronic communications services equivalent to that enjoyed by the majority of end-users; and
Amendment 729 #
Proposal for a directive
Article 103 – paragraph 1 – point a a (new)
Article 103 – paragraph 1 – point a a (new)
(aa) enjoy, on an equal basis with others, cross border two-way communications across Member States by voice, video and real-time text, singly or in combination in the same call (Total Conversation services), namely on number-based interpersonal communications services;
Amendment 731 #
Proposal for a directive
Article 103 – paragraph 1 – point a b (new)
Article 103 – paragraph 1 – point a b (new)
(ab) can make use of text based relay services and video based relay service, within the entire territory of the Member State and continuously, and that these relay services are interoperable with telephony services across the EU;
Amendment 733 #
Proposal for a directive
Article 103 – paragraph 2
Article 103 – paragraph 2
2. In taking the measures referred to in paragraph 1, Member States shall encouragsure compliance with the relevant accessibility and interoperability standards or specifications published in accordance with Article 39.
Amendment 736 #
Proposal for a directive
Article 105 – title
Article 105 – title
Interoperability of consumer radio and digital television equipment
Amendment 739 #
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 740 #
Proposal for a directive
Article 105 – paragraph 1 a (new)
Article 105 – paragraph 1 a (new)
Providers of digital television services shall ensure interoperability of terminal equipment so that where technically feasible the terminal equipment is reusable with other providers and if this is not consumers need to be given the possibility through a free and easy process to return the terminal equipment.
Amendment 748 #
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 channelaudiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supportingto content and electronic programming guides for end-users with disabilities and data supporting and enabling end-users access to 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 channelaudiovisual media services 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 channeland services use them to receive radio and audiovisual media services. 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 757 #
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 760 #
Proposal for a directive
Article 107 – paragraph 2
Article 107 – paragraph 2
2. A Member State shallmay decide to waive paragraph 1 in all or part of its territory if it considers, after taking into account the views of interested parties, that there is sufficient access to these facilities.
Amendment 765 #
Proposal for a directive
Annex V
Annex V
Amendment 774 #
Proposal for a directive
Annex VIII – point 2 – point 2.5
Annex VIII – point 2 – point 2.5
2.5. Provide end-users with information on access to emergency services and caller location. If the undertaking is a provider of number-based interpersonal communications services, information on access to or on any limitations on the provision of emergency services and caller location information.
Amendment 777 #
Proposal for a directive
Annex X – subheading 1
Annex X – subheading 1
INTEROPERABILITY OF DIGITAL CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105
Amendment 778 #
Proposal for a directive
Annex X – part 2 – paragraph 1
Annex X – part 2 – paragraph 1
Any digital television set with an integral screen of visible diagonal greater than 30 cm which is put on the market for sale or rent in the Union is to be fitted with at least one open interface socket (either standardised by, or conforming to a standard adopted by, a recognised European standards organisation, or conforming to an industry-wide specification) permitting simple connection of peripherals, and able to pass all relevant elements of a digital television signal, including information relating to interactive and conditionally accessed services. Terminal equipment of digital television sets needs to be interoperable where technically feasible so that it can be easily reusable with other providers.
Amendment 780 #
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.