40 Amendments of Olga SEHNALOVÁ related to 2016/0288(COD)
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 727 #
Proposal for a directive
Article 103 – paragraph 1 – introductory part
Article 103 – paragraph 1 – introductory part
1. Member States shall ensure that the competent authorities specify, where appropriate, and after consulting with representative organisations of persons with disabilities, requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end-userend-users with disabilities:
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 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.