Activities of Regina BASTOS related to 2013/0309(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012
Amendments (18)
Amendment 55 #
Proposal for a regulation
Recital 40
Recital 40
Amendment 59 #
Proposal for a regulation
Recital 41
Recital 41
(41) As tThis Regulation harmonises only certain sector-specific rules, it should be without prejudice to the general consumer protection rules, as established by Union acts and national legislation implementing them.
Amendment 60 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 79 #
Proposal for a regulation
Recital 58
Recital 58
(58) In order to avoid bill shocks, end- users should be able to define maximum financial limits for the charges related to their usage of calls and internet access services. This facility should be available free of charge, with an appropriate notification that can be consulted again subsequently, when the limit is being approached. Upon reaching the maximum limit, end-users should no longer receive or be charged for those services unless they specifically request the continued provision as agreed with the provider.
Amendment 87 #
Proposal for a regulation
Recital 62
Recital 62
(62) In order to take full advantage of the competitive environment, end-users should be able to make informed choices and switch providers when it is in their interests. End-users should therefore be able to switch without being hindered by legal, technical or procedural obstacles, including contractual conditions and charges. Number portability is a key facilitator of consumer choice and effective competition. It should be implemented within a minimum delay so that the number is effectively activated within one working day of concluding an agreement to port a number. Settlement of outstanding bills should not be a condition for execution of a porting request.
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 3 – point e
Article 1 – paragraph 3 – point e
Amendment 147 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 171 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
End-users shall be free to enter into agreements on data volumes and speeds, speeds and general features of services, such as service quality, with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services.
Amendment 277 #
Proposal for a regulation
Article 29
Article 29
Amendment 284 #
Proposal for a regulation
Article 36 – paragraph 1 – point 1 a (new)
Article 36 – paragraph 1 – point 1 a (new)
Directive 2002/22/EC
Article 2 – point f a (new)
Article 2 – point f a (new)
1a. In Article 2, the following point is inserted: “(fa) receiving provider of electronic communications to the public" means the provider of electronic communications to the public to which the telephone number or service is transferred;”
Amendment 287 #
Proposal for a regulation
Article 36 – paragraph 1 b (new)
Article 36 – paragraph 1 b (new)
Directive 2002/22/EC
Article 20 – paragraph -1 a (new)
Article 20 – paragraph -1 a (new)
(1b) In Article 20, the following paragraph is inserted: “-1a. Member States shall ensure that the information referred to in paragraphs 1 and 2 is provided in a clear, comprehensive and easily accessible manner in an official language of Member State where the service is offered and without prejudice to the requirements of the Consumer Rights Directive* regarding off-premises/ distance contracts. The consumer and other end- user so requesting shall receive a copy of the contract as a minimum in electronic form and in writing. ______________________ * Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).”
Amendment 300 #
Proposal for a regulation
Article 36 – paragraph 1 – point 1 i (new)
Article 36 – paragraph 1 – point 1 i (new)
Directive 2002/22/EC
Article 21 – paragraph 1
Article 21 – paragraph 1
(1i) Article 21(1) is replaced by the following: "1. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and/or publicly available electronic communications services to publish transparent, comparable, adequate and up- to-date information on applicable prices and tariffs, on any charges due on termination of a contract and on standard terms and conditions in respect of access to, and use of, services provided by them to end-users and consumers in accordance with Annex II. Such information shall be published in a clear, comprehensive and easily accessible form. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published." lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0022:20091219:EN:PDF) in the official language(s) of the Member State where the service is offered and shall be updated regularly. Any differentiation in the conditions applied to consumers and other end-users shall be made explicit. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published Member States shall ensure that providers of electronic communications to the public are obliged to supply the information, on request to the relevant national regulatory authorities, in advance of its publication." Or. en (http://eur-
Amendment 304 #
Proposal for a regulation
Article 36 – paragraph – point 1 k (new)
Article 36 – paragraph – point 1 k (new)
Directive 2002/22/EC
Article 21 – paragraph 3
Article 21 – paragraph 3
(1k) In Article 21, paragraph 3 is replaced by the following: ‘3. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and/or publicly available electronic communications services to inter alia: (a) provide applicable tariff information to subscribers regarding any number or service subject to particular pricing conditions; with respect to individual categories of services, national regulatory authorities may require such information to be provided immediately prior to connecting the call; (b) inform subscribers of any change toprovide end-users with access to emergency services orand caller location information in the service to which they have subscribed; (c) inform subscribers of any change to conditions limiting access to and/or use of servicesfor all relevant services offered, any limitations on the provision of emergency services under Article 26, and any changes thereto; (da) provide information on internet access services, where offered, specifying the following: (i) for fixed data links, the estimated available download and upload data speeds in the end-user’s Member State of residence, and for mobile data, the average estimated download and upload speeds that might be experienced from normal wireless network coverage, and the speed ranges that might be experienced; (ii) details of unit data pricing plans, pricing plans for bulk data and any applications, where such conditions are permitted under national law in accordance with Community law; (d) provide information on any procedures put in place by the provider to measure and shape traffic so as to avoid filling or overfilling a network link, and on how those procedures could impact on service quality; (e) inform subscribers of their right to determine whether or not to include their personal data in a directory and of the types of data concerned in accordance with Article 12 of Directive 2002/58/EC; (e) (f) regularly inform disabled subscribers of details of products and services designed for them. If deemed appropriate, national regulatory authorities may promote self- or co- regulatory measures prior to imposing any obligation.’ lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0022:20091219:EN:PDF)ble thresholds. For data volumes above thresholds, unit or bulk pricing on an ad hoc or lasting basis and any data speed limitations that may be applied; (iii) how end-users can monitor the current level of their consumption, and set any voluntary limits; (iv) a clear and comprehensible explanation as to how any data volume limitation, the actually available speed and other quality parameters, and the simultaneous use of specialised services, may in practice have an impact on the use of content, applications and services; (v) information on any procedures put in place by the provider to measure and shape traffic including an indication of the underlying communication inspection methods used for reasonable traffic management measures, pursuant to Article 23 of the Proposal for a Regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012 and information on how those procedures could impact on service quality, end-users’ privacy and the protection of personal data; (e) inform consumers, and end-users where applicable, of their right to determine whether or not to include their personal data in a directory, and of the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC (Directive on privacy and electronic communications); and (f) regularly inform disabled consumers, and end-users, where applicable, of details of products and services designed for them and the measures taken to ensure equivalence in access; If deemed appropriate, national regulatory authorities may promote self- or co- regulatory measures prior to imposing any obligation.’ Or. pt (http://eur-
Amendment 307 #
Proposal for a regulation
Article 36 – paragraph – point 1 l (new)
Article 36 – paragraph – point 1 l (new)
Directive 2002/22/EC
Article 21 a (new)
Article 21 a (new)
(1l) The following Article is added: ‘Article 21a Control of consumption 1. Member States shall ensure that providers of electronic communications offer consumers and end-users, without charge, the facility to monitor and control their usage of electronic communications. These facilities must include: (a) access to timely information on their service consumption. (b) the ability to set a financial cap on their usage, to request notification when an agreed proportion of their cap has been reached, the procedure to be followed to continue usage if the cap is exceeded, and the applicable pricing plans. After having reached the financial limit, end-users shall continue to be able to receive calls and SMS messages and access free-phone numbers and emergency services by dialling the European emergency number 112 free of charge until the end of the agreed billing period. (c) itemised bills in electronic or paper format.
Amendment 308 #
Proposal for a regulation
Article 36 – paragraph – point 1 m (new)
Article 36 – paragraph – point 1 m (new)
Directive 2002/22/EC
Article 21 b (new)
Article 21 b (new)
(1m) The following Article is inserted: ‘Article 21b Bundled offers Member States shall ensure that i consumers are offered a bundle of services it shall comprise at least a connection to an electronic communications network or one electronic communications service, Articles 20a (new) and 30 of this Directive shall apply to all elements of the bundle.’
Amendment 319 #
Proposal for a regulation
Article 36 – paragraph 1 – point 2 f (new)
Article 36 – paragraph 1 – point 2 f (new)
Directive 2002/22/EC
Article 30 – paragraph 4
Article 30 – paragraph 4
(2f) In Article 30, paragraph 4 is replaced by the following: "4. Porting of numbers and their subsequent activation shall be carried out within the shortest possible time. In any case, subscribFor end- users who have concluded an agreement to port a number to a new undertaking shall haveprovider, that number shall be activated within one working day. Without prejudice to the first subparagraph, competent national authorities may establish the global process of switching and porting of numbers, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to the subscriber. In any event, loss of service during the process of porting shall not exceed one working day. Competent national authorities shall also take into account, where necessary, measures ensuring that subscribers are protected throughout the switching process and are not in accordance with the BEREC guidelines. They shall take into account necessary end-user protection throughout the switching process and the need to ensure efficiency of such process. In any event, loss of service during the process of porting shall not exceed one working day. End-users shall not be switched to another provider against their will. Member States shall ensure that appropriate sanctions on undertakings are provided for, including an obligation to compensate subscribers in case of delay in porting or abuse of porting by them or on their behalf.’ lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0022:20091219:EN:PDF)Or. pt (http://eur-
Amendment 322 #
Proposal for a regulation
Article 36 – paragraph 1– point 2 g (new)
Article 36 – paragraph 1– point 2 g (new)
Directive 2002/22/CE
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. The receiving provider of electronic communications to the public shall lead the switching and porting process. End- users shall receive adequate information on switching before and during the switching process, and also immediately after it is concluded. End-users shall not be switched to another provider against their will.
Amendment 323 #
Proposal for a regulation
Article 36 – paragraph 1 – point 2 h (new)
Article 36 – paragraph 1 – point 2 h (new)
Directive 2002/22/EC
Article 30 – paragraph 4 b (new)
Article 30 – paragraph 4 b (new)
4b. Member States shall oblige providers of electronic communications to the public which delay or abuse switching, including by not making available information necessary for porting in a timely manner, to compensate end-users who are exposed to such delay or abuse.