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European Parliament2014-2019

Committee on the Internal Market and Consumer Protection

2016/0288(COD)

12.5.2017

AMENDMENTS536 - 781Draft opinionDita Charanzová(PE602.838v01-00)

European Electronic Communications Code (Recast)

Proposal for a directive(COM(2016)0590 – C8-0379/2016 – 2016/0288(COD))

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Amendment 536Marlene Mizzi, Virginie Rozière, Olga Sehnalová, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 95 – paragraph -1 (new)

Text proposed by the Commission Amendment

-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.

Or. en

Justification

This new provision is needed to clarify the changes in Article 95.

Amendment 537Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 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 provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, and the following information in a clear and comprehensible manner:

1. Before a consumer is bound by a contract or any corresponding offer, providers of publicly available electronic communications services including number-independent interpersonal communications services, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, and the following information in a clear, simple and comprehensible manner, and in accessible formats for end-users with disabilities:

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Or. en

Amendment 538Julia Redaon behalf of the Verts/ALE GroupProposal for a directiveArticle 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 including number-independent interpersonal communications services, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, and the following information in a clear, simple and comprehensible manner, and in accessible formats for end-users with disabilities:

Or. en

Justification

This amendment is necessary in order to ensure the internal logic and coherence of the text

Amendment 539Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 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, 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 at least the following information, where relevant to the services they are providing to a consumer:

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Amendment 540Andreas Schwab, Pascal Arimont, Antonio López-Istúriz WhiteProposal for a directiveArticle 95 – paragraph 1 – introductory part


(1) Bevor ein Verbraucher durch einen Vertrag oder ein entsprechendes Vertragsangebot gebunden ist, erteilt der Anbieter anderer öffentlich zugänglicher elektronischer Kommunikationsdienste als nummernunabhängiger interpersoneller Kommunikationsdienste unabhängig von der Höhe etwaiger zu leistender Zahlungen in klarer und verständlicher Weise die gemäß den Artikeln 5 und 6 der Richtlinie 2011/83/EU erforderlichen sowie die folgenden Informationen:

(1) Bevor ein Verbraucher durch einen Vertrag oder ein entsprechendes Vertragsangebot gebunden ist, erteilt der Anbieter anderer öffentlich zugänglicher elektronischer Kommunikationsdienste als nummernunabhängiger interpersoneller Kommunikationsdienste, und, wo zutreffend, auch der Anbieter öffentlich zugänglicher nummernunabhängiger interpersoneller Kommunikationsdienste, unabhängig von der Höhe etwaiger zu leistender Zahlungen in klarer und verständlicher Weise die gemäß den Artikeln 5 und 6 der Richtlinie 2011/83/EU erforderlichen sowie die folgenden Informationen:

Or. de

Amendment 541Lambert van NistelrooijProposal for a directiveArticle 95 – paragraph 1 – introductory part



1. Before a consumer is bound by a contract or any corresponding offer, providers of publicly available internet access services, interpersonal number based communications services and, where applicable, number-independent interpersonal communications services shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, and the following information, to the extent such information pertains to a service they provide and over which they have full control, in a clear and comprehensible manner:

Or. en

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Amendment 542Ivan ŠtefanecProposal for a directiveArticle 95 – paragraph 1 – introductory part



1. Before a consumer is bound by a contract or any corresponding offer, providers of internet access services and publicly available interpersonal communication services, where applicable, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, and the kind of remuneration. The contract specifies the following information in a clear and comprehensible manner:

Or. en

Amendment 543Vicky FordProposal for a directiveArticle 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 provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, together with the information listed in points (a) to (g) where not already required and to the extent that such information pertains to a service they provide and have full control over, in a clear and comprehensible manner:

Or. en

Amendment 544Vicky FordProposal for a directiveArticle 95 – paragraph 1 – point a – point i – introductory part

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(i) any minimum service quality levels to the extent that these are offered, and in accordance with BEREC guidelines to be adopted after consultation of stakeholders and in close cooperation with the Commission, regarding:

(i) any minimum service quality levels using parameters defined in accordance with Article 97, to the extent that these are offered, regarding:

Or. en

Justification

Member States should have greater discretion over the detail of the content of the information required, to better respond to consumer expectations. This information is needed, as the Parliament agreed during consideration of the TSM. However, the level of detail should correspond to the knowledge and understanding of the consumer and so relate more to their experience rather than technical information or statistics, which may be difficult to translate into everyday usage.

Amendment 545Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 95 – paragraph 1 – point a – point i – introductory part


(i) any minimum service quality levels to the extent that these are offered, and in accordance with BEREC guidelines to be adopted after consultation of stakeholders and in close cooperation with the Commission, regarding:

(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:

Or. en

Amendment 546Lambert van Nistelrooij, Mihai Ţurcanu, Antonio López-Istúriz White, Sabine Verheyen, Eva MaydellProposal for a directiveArticle 95 – paragraph 1 – point a – point i – indent 1


- for internet access services: at least latency, jitter, packet loss,

- for internet access services: the information relating to speed and quality as set out in Article 4 of Regulation (EU) 2015/2120

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Amendment 547Vicky FordProposal for a directiveArticle 95 – paragraph 1 – point a – point i – indent 1


- for internet access services: at least latency, jitter, packet loss,

- internet access services

Or. en

Amendment 548Ivan ŠtefanecProposal for a directiveArticle 95 – paragraph 1 – point a – point i – indent 2


- for publicly available number-based interpersonal communications services: at least the time for the initial connection, failure probability, call signalling delays and

- for publicly available interpersonal communications services, reflecting whether technical measures for quality assurance have been taken or not: at least the time for the initial connection, failure probability, call signalling delays in accordance with Annex IX of this Directive and

Or. en



- for publicly available number-based interpersonal communications services: at least the time for the initial connection, failure probability, call signalling delays and

- publicly available number-based interpersonal communications services

Or. en


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- for services other than internet access services within the meaning of Article 3(5) of Regulation 2015/2120/EU: the specific quality parameters assured,

- services other than internet access services within the meaning of Article 3(5) of Regulation 2015/2120/EU

Or. en

Amendment 551Ivan ŠtefanecProposal for a directiveArticle 95 – paragraph 1 – point a – point i – indent 3


- for services other than internet access services within the meaning of Article 3(5) of Regulation 2015/2120/EU: the specific quality parameters assured,

- for services other than internet access services consisting in the conveyance of signals: the specific quality parameters assured,

Or. en

Amendment 552Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 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 restrictions imposed by the provider on the use of terminal equipment supplied;

(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;

Or. en

Amendment 553Julia Redaon behalf of the Verts/ALE GroupProposal for a directiveArticle 95 – paragraph 1 – point b

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(b) any compensation and refund arrangements, which apply if contracted service quality levels are not met;

(b) any compensation and refund arrangements, which apply if contracted service quality levels are not met or if a security incident takes place due to known software or hardware vulnerabilities for which patches have been issued by the manufacturer or developer and those have not been applied by the service providers;

Or. en

Justification

Consumers should be entitled to compensation if a service provider does not patch its software or hardware resulting in a security incident that could have been prevented by due diligence of patching or upgrading

Amendment 554Marlene Mizzi, Nicola Danti, Virginie Rozière, Maria Grapini, Marc Tarabella, Sergio Gutiérrez Prieto, Clara Eugenia Aguilera García, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 95 – paragraph 1 – point b


(b) any compensation and refund arrangements, which apply if contracted service quality levels are not met;

(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;

Or. en

Amendment 555Lambert van Nistelrooij, Mihai Ţurcanu, Antanas Guoga, Antonio López-Istúriz WhiteProposal for a directiveArticle 95 – paragraph 1 – point c – introductory part


(c) as part of the information on price: (c) as part of the information on remuneration:

Or. en

Amendment 556Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonPE604.695v01-00 10/119 AM\1125739XM.docx

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Proposal for a directiveArticle 95 – paragraph 1 – point c – point i


(i) details of tariff plans under the contract and, where applicable, the volumes of communications (MB, minutes, SMS) included per billing period, and the price for additional communication units,

(i) details of specific 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,

Or. en

Amendment 557Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 95 – paragraph 1 – point c – point i a (new)


(i a) 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,

Or. en

Amendment 558Marlene Mizzi, Nicola Danti, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 95 – paragraph 1 – point c – point i b (new)


(i b) 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,

Or. en

Amendment 559Lambert van Nistelrooij, Mihai Ţurcanu, Antanas Guoga, Antonio López-Istúriz White

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Proposal for a directiveArticle 95 – paragraph 1 – point c – point ii


(ii) tariff information regarding any numbers or services subject to particular pricing conditions; with respect to individual categories of services, NRAs may require such information to be provided immediately prior to connecting the call,

(ii) In case of remuneration other than money an information on the kind of remuneration, not withstanding Regulation (EU) 2016/679 in case of personal data as remuneration,

Or. en

Justification

Consumers should be informed about any kind of remuneration, to ensure consistent protection and to limit discrimination of business models based on money. The provider should provide a clear indication that data are used for commercial purposes as counter-performance for the supply of the service and provide information for which commercial purposes personal data are processed.

Amendment 560Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 95 – paragraph 1 – point c – point ii a (new)


(ii a) 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,

Or. en

Amendment 561Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 95 – paragraph 1 – point c – point iv


(iv) details of after-sales service and maintenance charges, and

(iv) details of after-sales service and maintenance charges, and maintenance services and customer support services

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provided, the conditions and charges for these services, and the means of contacting these services,

Or. en

Amendment 562Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 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 obtained;

(v) the means by which up-to-date information on all applicable tariffs and maintenance charges are made available;

Or. en

Amendment 563Maria GrapiniProposal for a directiveArticle 95 – paragraph 1 – point c – point v a (new)


(v a) consumatorii vor fi informați anual de către furnizorii de servicii de telecomunicații privind cel mai bun tarif pentru serviciile utilizate de către aceștia.

Or. ro

Amendment 564Marco Zullo, David BorrelliProposal for a directiveArticle 95 – paragraph 1 – point c – point v a (new)


v bis) gli strumenti per monitorare in maniera chiara il livello dei consumi di traffico.

Or. it

Amendment 565Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy Anderson

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Proposal for a directiveArticle 95 – paragraph 1 – point d – point ii


(ii) any charges related to switching and the portability of numbers and other identifiers and compensation and refund arrangements for delay or abuse of switching,

(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,

Or. en

Amendment 566Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 95 – paragraph 1 – point d – point iii


(iii) any charges due on early termination of the contract, including any cost recovery with respect to terminal equipment and other promotional advantages,

(iii) any compensations due on early termination of the contract, including information on unlocking the terminal equipment and any cost recovery with respect to terminal equipment,

Or. en

Amendment 567Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 95 – paragraph 1 – point f


(f) the means of initiating procedures for the settlement of disputes in accordance with Article 25;

(f) the means of initiating procedures for the settlement of disputes, including cross-border disputes, in accordance with Article 25;

Or. en

Amendment 568Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 95 – paragraph 1 – point g a (new)

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(g a) access to information on emergency services and caller location.

Or. en

Amendment 569Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 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 the following information in a clear and comprehensible manner:

2. In addition to the requirements set out in paragraph 1 providers of publicly available interpersonal communications services shall provide at least the following information in a clear, comprehensible and easily accessible manner:

Or. en

Amendment 570Vicky FordProposal for a directiveArticle 95 – paragraph 2 – indent 1


- any constraints on access to emergency services and/or caller location information due to a lack of technical feasibility;

- any constraints on access to emergency services and/or caller location information due to a lack of technical feasibility, insofar as the service allows end-users to originate national calls to a number in a national telephone numbering plan;

Or. en

Justification

An emergency calling disclosure should not apply to number-based interpersonal communication services, as these services are either outbound or inbound calling only. They therefore cannot provide a number to list in a directory service.

Amendment 571Lambert van Nistelrooij, Carlos Coelho, Mihai Ţurcanu, Antonio López-Istúriz White, Sabine Verheyen, Ramón Luis Valcárcel Siso, Birgit Collin-LangenAM\1125739XM.docx 15/119 PE604.695v01-00

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Proposal for a directiveArticle 95 – paragraph 2 – indent 1


- any constraints on access to emergency services and/or caller location information due to a lack of technical feasibility;

- for publicly available interpersonal communications services only, any constraints on access to emergency services and/or caller location information due to a lack of technical feasibility;

Or. en

Amendment 572Lambert van Nistelrooij, Mihai Ţurcanu, Antonio López-Istúriz White, Sabine VerheyenProposal for a directiveArticle 95 – paragraph 2 – indent 2


- the end-user's right to determine whether or not to include his or her personal data in a directory, and the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC;

- for publicly available interpersonal communications services only, the option to determine whether or not to include his or her personal data in a directory, and the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC;

Or. en

Amendment 573Marco Zullo, David BorrelliProposal for a directiveArticle 95 – paragraph 2 – indent 2 a (new)


- il riferimento esplicito in fattura all'identità del fornitore, alla tipologia e alla durata dei servizi addebitati da terzi.

Or. it

Amendment 574Marlene Mizzi, Nicola Danti, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 95 – paragraph 2 – indent 2 a (new)

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- any constrains or differences in the quality of services due to external factors such as network connectivity.

Or. en

Amendment 575Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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.

Or. en

Amendment 576Ivan ŠtefanecProposal for a directiveArticle 95 – paragraph 3


3. Paragraphs 1 and 2 shall apply also to micro or small enterprises as end-users unless they have explicitly agreed to waive all or parts of those provisions,

deleted

Or. en

Amendment 577Dita CharanzováProposal for a directiveArticle 95 – paragraph 3



3. Paragraphs 1, 2 and 6 shall apply also to micro or small enterprises and not-for-profit organisations as end-users unless they have expressly agreed to waive all or parts of those provisions,

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Or. en

(see amendment to paragraph 6 of this article and Rapporteur amendment 104)

Justification

As paragraph 6 would now refer to consumers instead of end-users, this change is needed to ensure that micro or small enterprises and non-for-profits are still covered.

Amendment 578Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 95 – paragraph 3



3. Paragraphs 1 and 2 shall apply also to micro or small enterprises as end-users when they have 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.

Or. en

Amendment 579Vicky FordProposal for a directiveArticle 95 – paragraph 3



3. Paragraphs 1 and 2 shall apply also to micro or small enterprises as end-users where they have agreed to apply all or parts of those provisions.

Or. en

Amendment 580Ivan ŠtefanecProposal for a directiveArticle 95 – paragraph 5 – subparagraph 1 – introductory part


By [entry into force + 12 months], BEREC Until [entry into force + 12 months],

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shall issue a decision on a contract 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:

providers of electronic communication services shall develop and agree with national regulatory authorities a contract summary template, which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2. Those main elements shall include information on:

Or. en

Amendment 581Vicky FordProposal for a directiveArticle 95 – paragraph 5 – subparagraph 1 – introductory part


By [entry into force + 12 months], BEREC shall issue a decision on a contract 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:

By [entry into force + 12 months], national regulatory authorities, having taken account of any relevant BEREC guidelines, shall prepare a contract 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, summary information on:

Or. en

Amendment 582Marlene Mizzi, Nicola Danti, Virginie Rozière, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 95 – paragraph 5 – subparagraph 1 – introductory part


By [entry into force + 12 months], BEREC shall issue a decision on a contract 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:

By [entry into force + 12 months], BEREC shall issue a decision on standard 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:

Or. en

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Amendment 583Marlene Mizzi, Maria Grapini, Marc Tarabella, Evelyne Gebhardt, Lucy AndersonProposal for a directiveArticle 95 – paragraph 5 – subparagraph 1 – point a


(a) the name and address of the provider,

(a) the name and address and contact information of the provider and if different, the contact information for any complaints,

Or. en

Amendment 584Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 95 – paragraph 5 – subparagraph 1 – point c


(c) the respective prices, (c) the respective prices or types of remuneration including taxes and any applicable or additional charges,

Or. en

Amendment 585Ivan ŠtefanecProposal for a directiveArticle 95 – paragraph 5 – subparagraph 2


Providers subject to the obligations under paragraphs 1-4 shall duly complete this contract summary template with the required information and provide it to consumers, and micro and small enterprises, prior to the conclusion of the contract. The contract summary shall become an integral part of the contract.

Providers subject to the obligations under paragraphs 1-4 shall duly complete this contract summary template with the required information and provide it to consumers, prior to the conclusion of the contract and for distance contracts without undue delay after contract conclusion including making it available by electronic means. The contract summary shall become an integral part of the contract.

Or. en

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Amendment 586Vicky FordProposal for a directiveArticle 95 – paragraph 5 – subparagraph 2


Providers subject to the obligations under paragraphs 1-4 shall duly complete this contract summary template with the required information and provide it to consumers, and micro and small enterprises, prior to the conclusion of the contract. The contract summary shall become an integral part of the contract.

Providers subject to the obligations under paragraphs 1-4 shall duly complete this contract summary template with the required information and provide it to consumers, and micro and small enterprises, where appropriate, prior to the conclusion of the contract. The contract summary shall become an integral part of the contract.

Or. en



6. Providers of internet access services and providers of publicly available number-based interpersonal communications services shall offer end-users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.

6. Providers of internet access services shall offer consumers the facility to monitor the usage of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.

Or. en



6. Providers of internet access services and providers of publicly available number-based interpersonal communications services shall offer end-

6. Providers of internet access services and providers of publicly available number-based interpersonal communications services shall offer end-

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users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.

users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan. Providers of electronic communications services shall give consumers best-tariff advice relating to their services on a periodic basis.

Or. en

Justification

Best-tariff advice for consumers is in line withexisting rules already in practice in certain Member States and can help make sure that consumers are informed of their options and are not retained on unsuitable tariffs because of lack of awareness of better deals.



6. Providers of internet access services and providers of publicly available number-based interpersonal communications services shall offer end-users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.

6. Providers of internet access services and providers of publicly available number-based interpersonal communications services shall offer consumers the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.

Or. en

Justification

Such tools are more correct for consumers than businesses. Micro and small enterprises and non-for-profits should, however, have this option and therefore the paragraph 3 of this article is also amended to include this paragraph within its scope.

Amendment 590Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Sergio Gutiérrez Prieto, Clara Eugenia Aguilera GarcíaProposal for a directiveArticle 95 – paragraph 6 a (new)PE604.695v01-00 22/119 AM\1125739XM.docx

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6 a. 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.

Or. en

Justification

The new provision is needed to update the end-users rights provisions in Article 95.

Amendment 591Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 95 – paragraph 6 b (new)


6 b. 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

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which this Article applies.

Or. en

Justification

The new provision is needed to update the end-users rights provisions in Article 95.

Amendment 592Lambert van Nistelrooij, Mihai Ţurcanu, Antanas Guoga, Antonio López-Istúriz White, Sabine Verheyen, Eva MaydellProposal for a directiveArticle 96 – paragraph 1


1. National regulatory authorities shall ensure that the information referred to in Annex VIII is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.

1. National regulatory authorities shall ensure that the information referred to in Article 95 is published in a clear, comprehensive and easily accessible form by the undertakings providing internet access services and interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.

Or. en

Amendment 593Antonio López-Istúriz WhiteProposal for a directiveArticle 96 – paragraph 1


1. National regulatory authorities shall ensure that the information referred to in Annex VIII is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be

1. National regulatory authorities shall ensure that the information referred to in Articles 95(1) and 95(2) is published in a clear, comprehensive and easily accessible form by the undertakings providing internet access service and interpersonal communication services or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be

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published. published.

Or. en

Amendment 594Andreas Schwab, Pascal Arimont, Antonio López-Istúriz WhiteProposal for a directiveArticle 96 – paragraph 1


(1) Die nationalen Regulierungsbehörden stellen sicher, dass die Informationen gemäß Anhang VIII durch die Unternehmen, die andere öffentlich zugängliche elektronische Kommunikationsdienste als nummernunabhängige interpersonelle Kommunikationsdienste bereitstellen, oder durch die nationalen Regulierungsbehörden selbst in klarer, verständlicher und leicht zugänglicher Form veröffentlicht werden. Die nationalen Regulierungsbehörden können hinsichtlich der Form, in der diese Informationen zu veröffentlichen sind, weitere Anforderungen festlegen.

(1) Die nationalen Regulierungsbehörden stellen sicher, dass die Informationen gemäß Anhang VIII durch die Unternehmen, die öffentlich zugängliche elektronische Kommunikationsdienste bereitstellen, oder durch die nationalen Regulierungsbehörden selbst in klarer, verständlicher und leicht zugänglicher Form veröffentlicht werden. Die nationalen Regulierungsbehörden können hinsichtlich der Form, in der diese Informationen zu veröffentlichen sind, weitere Anforderungen festlegen.

Or. de




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 all 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.

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Or. en




1. National regulatory authorities shall ensure that the information referred to in Annex VIII is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.

Or. en

Amendment 597Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 96 – paragraph 2 – subparagraph 1


National regulatory authorities shall ensure that end-users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs, and the quality of service performance of different publicly available electronic communications services other than number-independent interpersonal communications services.

National regulatory authorities shall ensure that consumers 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 providers 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 consumers 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

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used to trigger the search.

Or. en

Amendment 598Antonio López-Istúriz WhiteProposal for a directiveArticle 96 – paragraph 2 – subparagraph 1



National regulatory authorities shall ensure that end-users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs, and the quality of service performance of different publicly available internet access services and interpersonal communication services.

Or. en




National regulatory authorities shall ensure that consumers and micro and small enterprises, where appropriate, have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs, and, where appropriate, indicative figures addressing quality of service performance of different publicly available electronic communications services other than number-independent interpersonal communications services.

Or. en

Amendment 600Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 96 – paragraph 2 – subparagraph 2 – point d a (new)

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(d a) be accessible for persons with disabilities;

Or. en

Amendment 601Julia Redaon behalf of the Verts/ALE GroupProposal for a directiveArticle 96 – paragraph 2 – subparagraph 2 – point g a (new)


(g a) be accessible for persons with disabilities.

Or. en

Justification

These online tools should be designed following the same accessibility requirements as the Directive 2016/2102 on the accessibility of websites and mobile apps of public sector bodies

Amendment 602Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 96 – paragraph 2 – subparagraph 2 – point g a (new)


(g a) compare similar services, such as internet access services with other internet access services and interpersonal communication services with other interpersonal communication services.

Or. en

Amendment 603Marlene Mizzi, Nicola Danti, Virginie Rozière, Olga Sehnalová, Kerstin Westphal, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 96 – paragraph 2 – subparagraph 2 – point g b (new)


(g b) be accessible for persons with

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disabilities

Or. en

Justification

These online tools should be designed following the same accessibility requirements as the Directive 2016/2102 on the accessibility of websites and mobile apps of public sector bodies, as well as the proposed Accessibility Act.

Amendment 604Antonio López-Istúriz WhiteProposal for a directiveArticle 96 – paragraph 2 – subparagraph 3


Comparison tools fulfilling the requirements in points (a) to (g) shall, upon request, be certified by national regulatory authorities. Third parties shall have a right to use, free of charge, the information published by undertakings providing publicly available electronic communications services, other than number-independent interpersonal communications services, for the purposes of making available such independent comparison tools.

Comparison tools fulfilling the requirements in points (a) to (g) shall, upon request, be certified by national regulatory authorities. Third parties shall have a right to use, free of charge, the information published by undertakings providing publicly available internet access services and interpersonal communication services, for the purposes of making available such independent comparison tools.

Or. en

Amendment 605Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 96 – paragraph 2 – subparagraph 3


Comparison tools fulfilling the requirements in points (a) to (g) shall, upon request, be certified by national regulatory authorities. Third parties shall have a right to use, free of charge, the information published by undertakings providing publicly available electronic communications services, other than number-independent interpersonal communications services, for the purposes of making available such independent

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

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comparison tools. comparison tools.

Or. en

Amendment 606Antonio López-Istúriz White, Roberta MetsolaProposal for a directiveArticle 96 – paragraph 3 – introductory part


3. Member States may require that the undertakings providing internet access services or publicly available number-based interpersonal communications services distribute public interest information free of charge to existing and new end-users, where appropriate, by the same means as those they ordinarily use in their communications with end-users. In such a case, that public interest information shall be provided by the relevant public authorities in a standardised format and shall, inter alia, cover the following topics:

3. Member States may require that both, national authorities and the undertakings, providing internet access services or publicly available interpersonal communications services distribute public interest information free of charge to existing and new end-users, where appropriate, by the same means as those they ordinarily use in their communications with end-users. In such a case, that public interest information shall be provided by the relevant public authorities in a standardised format and shall, inter alia, cover the following topics:

Or. en

Amendment 607Antonio López-Istúriz White, Roberta Metsola, Eva MaydellProposal for a directiveArticle 96 – paragraph 3 – point a


(a) the most common uses of internet access services and publicly available number-based interpersonal communications services to engage in unlawful activities or to disseminate harmful content, particularly where it may prejudice respect for the rights and freedoms of others, including infringements of copyright and related rights, and their legal consequences; and

(a) the most common uses of internet access services and publicly available interpersonal communications services to engage in unlawful activities or to disseminate harmful content, particularly where it may prejudice respect for the rights and freedoms of others, including infringements of copyright and related rights, and their legal consequences; and

Or. en

Amendment 608Marlene Mizzi, Nicola Danti, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy

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AndersonProposal for a directiveArticle 96 – paragraph 3 – point a


(a) the most common uses of internet access services and publicly available number-based interpersonal communications services to engage in unlawful activities or to disseminate harmful content, particularly where it may prejudice respect for the rights and freedoms of others, including infringements of copyright and related rights, and their legal consequences; and

(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

Or. en

Amendment 609Antonio López-Istúriz WhiteProposal for a directiveArticle 96 – paragraph 3 – point b


(b) the means of protection against risks to personal security, privacy and personal data when using internet access services and publicly available number-based interpersonal communications services.

deleted

Or. en

Justification

Out of the scope of this Directive.

Amendment 610Marlene Mizzi, Virginie Rozière, Olga Sehnalová, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 96 – paragraph 3 a (new)


3 a. Member States shall ensure that there is at least one available comparison tool which functions according to the

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above principles.

Or. en



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.

deleted

Or. en

Amendment 612Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 97 – paragraph 1



1. National regulatory authorities may require providers of internet access services and of publicly available 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

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on any external factors, such as network connectivity.

Or. en

Amendment 613Lambert van Nistelrooij, Mihai Ţurcanu, Antanas Guoga, Andreas SchwabProposal for a directiveArticle 97 – paragraph 1



1. National regulatory authorities may require providers of publicly available interpersonal communications services to publish comprehensive, comparable, reliable, user-friendly and up-to-date information for end-users on the quality of their services and on measures taken to ensure equivalence in access for disabled end-users. That information shall, on request, be supplied to the national regulatory authority in advance of its publication. Measures of providers of publicly available interpersonal communications services to ensure quality of service shall respect net neutrality and shall be taken on a best effort basis.

Or. en

Amendment 614Andreas Schwab, Pascal Arimont, Antonio López-Istúriz White, Eva MaydellProposal for a directiveArticle 97 – paragraph 1


(1) Die nationalen Regulierungsbehörden können Anbieter, die Internetzugangsdienste und öffentlich zugängliche nummerngebundene interpersonelle Kommunikationsdienste bereitstellen, zur Veröffentlichung umfassender, vergleichbarer, verlässlicher, benutzerfreundlicher und aktueller Endnutzerinformationen über die Qualität ihrer Dienste sowie über die zur Gewährleistung der Gleichwertigkeit beim Zugang für behinderte Endnutzer

(1) Die nationalen Regulierungsbehörden können Anbieter, die Internetzugangsdienste und öffentlich zugängliche interpersonelle Kommunikationsdienste bereitstellen, zur Veröffentlichung umfassender, vergleichbarer, verlässlicher, benutzerfreundlicher und aktueller Endnutzerinformationen über die Qualität ihrer Dienste sowie über die zur Gewährleistung der Gleichwertigkeit beim Zugang für behinderte Endnutzer

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getroffenen Maßnahmen verpflichten. Die genannten Informationen sind auf Aufforderung vor ihrer Veröffentlichung der nationalen Regulierungsbehörde vorzulegen.

getroffenen Maßnahmen verpflichten. Die genannten Informationen sind auf Aufforderung vor ihrer Veröffentlichung der nationalen Regulierungsbehörde vorzulegen.

Or. de




1. National regulatory authorities may require providers of internet access services and of publicly available number-based interpersonal communications services that control signal transmission 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.

Or. en



National regulatory authorities shall specify, taking utmost account of BEREC guidelines, the quality of service parameters to be measured and the applicable measurement methods, and the content, form and manner of the information to be published, including possible quality certification mechanisms. Where appropriate, the parameters, definitions and measurement methods set out in Annex IX shall be used.

deleted

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Or. en



National regulatory authorities shall specify, taking utmost account of BEREC guidelines, the quality of service parameters to be measured and the applicable measurement methods, and the content, form and manner of the information to be published, including possible quality certification mechanisms. Where appropriate, the parameters, definitions and measurement methods set out in Annex IX shall be used.

National regulatory authorities shall specify, taking account of any relevant BEREC guidelines, the quality of service parameters to be measured and the applicable measurement methods, and the content, form and manner of the information to be published, including possible quality certification mechanisms. Where appropriate, the parameters, definitions and measurement methods set out in Annex IX may be used.

Or. en



By [entry into force plus 18 months], in order to contribute to a consistent application of this paragraph, BEREC shall adopt, after consultation of stakeholders and in close cooperation with the Commission, guidelines on the relevant quality of service parameters, including parameters relevant for disabled end-users, the applicable measurement methods, the content and format of publication of the information, and quality certification mechanisms.

deleted

Or. en


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By [entry into force plus 18 months], in order to contribute to a consistent application of this paragraph, BEREC shall adopt, after consultation of stakeholders and in close cooperation with the Commission, guidelines on the relevant quality of service parameters, including parameters relevant for disabled end-users, the applicable measurement methods, the content and format of publication of the information, and quality certification mechanisms.

deleted

Or. en

Justification

There is no need for BEREC to adopt specific guidelines to monitorquality of service as this is adequately addressed under existing legislation and guidance.

Amendment 620Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 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 providing 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 initial commitment period.

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 providers of publicly available electronic communications services, other than number-independent interpersonal communications services, do not mandate a commitment period longer than 24 months. Member States may adopt or maintain shorter maximum durations for the contractual commitment period.

Or. en


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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 providing 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 initial commitment period.

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 micro or small enterprises where appropriate, and undertakings providing publicly available electronic communications services, other than number-independent interpersonal communications services, do not mandate a commitment period longer than 24 months. Member States may adopt or maintain shorter maximum durations for the initial commitment period.

Or. en

Amendment 622Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 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.

Or. en

Justification

It is not always possible to have a contract between end-users and interpersonal communication services with a set timeframe. End-users should be able to terminate the contract without prior notice by deleting the application of the interpersonal communication service.

Amendment 623Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne Gebhardt

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Proposal for a directiveArticle 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.

This paragraph shall not apply to the duration of an installment contract where the consumer has agreed in a separate contract to installment 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.

Or. en

Amendment 624Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 98 – paragraph 2


2. Where a contract or national law provides for 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 the extension of the contract, consumers are entitled to terminate the contract at any time with a one-month notice period and without incurring any costs except the cost of providing the service during the notice period.

2. Where a contract or national law provides for the possibility of a fixed duration contract to be automatically extended 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 after the expiration of the initial period. The extended or renewed contract can be terminated by the consumer at any time with no more than one-month notice period and without incurring any costs except the cost of providing the service during the notice period.

Or. en

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2. Where a contract or national law provides for 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 the extension when concluding the contract, consumers are entitled to terminate the contract effective by the end of the prolongation period with a one-month notice period. Providers shall inform the consumer in a prominent way and by the same means as those normally used in their communications with consumers about the end of the initial contract duration reasonably before the contract is automatically prolonged.

Or. en




2. Where a contract or national law provides for 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 the extension of the contract, consumers are entitled to terminate the contract at any time with no more than a one-month notice period and without incurring any costs except the cost of providing the service during the notice period or any administrative costs strictly related to terminating the service.

Or. en

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Justification

The one-month notice period should be clarified inorder to avoid double billing when consumers switch. Where appropriate,operators should be able to recoup administrative costs related to switching.

Amendment 627Vicky FordProposal for a directiveArticle 98 – paragraph 2 – subparagraph 1 a (new)


This paragraph shall apply also to micro or small enterprises as end-users where they have agreed to apply those provisions.

Or. en

Amendment 628Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 98 – paragraph 2 a (new)


2 a. 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.

Or. en

Amendment 629Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 98 – paragraph 2 b (new)


2 b. Member States may extend the provisions of this Article to all end-users

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including not-for-profit organisations.

Or. en



3. End-users shall have the right to terminate their contract without incurring any costs upon 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 they are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least 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.

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, unless the proposed changes are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, not less 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.

Or. en



3. End-users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number-independent interpersonal

3. End-users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services, unless the proposed changes are not detrimental for

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communications services, unless the proposed changes are exclusively to the benefit of the end-user or they are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least 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.

the end-user or they are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least 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 by the same means as the provider ordinarily uses in its communications with consumers.

Or. en



3. End-users shall have the right to terminate their contract without incurring any costs upon 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 they are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least 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.

3. End-users shall have the right to terminate their contract without incurring any costs upon notice of material changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number-independent interpersonal communications services, where the proposed changes are materially to the detriment of the end-user, unless the proposed changes are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least 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 in a format agreed at the time of concluding the contract or by the same means as the provider ordinarily uses in its communications, which has been agreed

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with by the consumer.

Or. en

Amendment 633Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 98 – paragraph 3 a (new)


3 a. 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.

Or. en

Amendment 634Marlene Mizzi, Biljana Borzan, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 98 – paragraph 4


4. Where an early termination of 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-user other than for the pro rata temporis value of subsidised 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 at the moment of the contract conclusion. Any restriction on the usage of terminal equipment on other networks shall be lifted, free of charge, by the provider at the

4. Consumers shall have the right to terminate a contract giving 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 the remaining instalments for the terminal equipment bundled with the contract at the moment of the contract conclusion or on 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 on other networks shall

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latest upon payment of such compensation. be lifted, free of charge, by the provider at the latest upon payment of such compensation.

Or. en



4. Where an early termination of 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-user other than for the pro rata temporis value of subsidised 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 at the moment of the contract conclusion. 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.

4. Where an early termination of 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-user other than for the pro rata temporis value of subsidised 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 at the moment of the contract conclusion including price advantages granted only in case of commitment to longer term contract durations. 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.

Or. en



4. Where an early termination of 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-user other than for the pro rata

4. Where an early termination of 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-user other than for the pro rata

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temporis value of subsidised 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 at the moment of the contract conclusion. 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.

temporis value of subsidised equipment bundled with the contract at the moment of the contract conclusion or a pro rata temporis reimbursement for the recurring fees any other promotional advantages marked as such at the moment of the contract conclusion, or other methods of calculating early termination charges having similar effect as already applied in Member States. 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.

Or. en

Justification

National regulatory authority’s practices in someMember States have resulted in other alternative measures which are beneficialto consumers. These practices should be maintained, should the Member State so wish.

Amendment 637Marlene Mizzi, Nicola Danti, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 98 – paragraph 4 a (new)


4 a. 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.

Or. en

Amendment 638Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 99 – title


Change of provider and number portability Switching and number portability

Or. en

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In case of switching between providers of internet access 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 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.

In case of switching between providers of internet access services, the providers concerned shall provide the end-user with adequate information before and during the switching process and ensure continuity of the service, insofar as the respective providers are capable of doing so. The receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end-user. Where mandated by the national regulatory authority, 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 the timeframe set the national regulatory authority to take into account the need to maintain continuity of services to the end users.

Or. en

Amendment 640Marlene Mizzi, Biljana Borzan, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 99 – paragraph 1 – subparagraph 1


In case of switching between providers of internet access 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 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

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

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during the switching process shall not exceed one working day.

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.

Or. en

Amendment 641Marco Zullo, David BorrelliProposal for a directiveArticle 99 – paragraph 1 – subparagraph 1


In caso di passaggio da un fornitore di servizi di accesso a Internet a un altro, i fornitori interessati offrono all'utente finale informazioni adeguate prima e durante la procedura di passaggio e garantiscono la continuità del servizio. Il fornitore ricevente assicura che l'attivazione del servizio abbia luogo alla data concordata con l'utente finale. Il fornitore cedente continua a prestare il servizio alle stesse condizioni fino all'attivazione del servizio del fornitore ricevente. L'interruzione del servizio durante la procedura di passaggio non può superare un giorno lavorativo.

In caso di passaggio da un fornitore di servizi di accesso a Internet a un altro, i fornitori interessati offrono all'utente finale informazioni adeguate prima e durante la procedura di passaggio e garantiscono la continuità del servizio. Il fornitore ricevente assicura che l'attivazione del servizio abbia luogo alla data e nel momento della giornata espressamente concordato con l'utente finale. Il fornitore cedente continua a prestare il servizio alle stesse condizioni fino all'attivazione del servizio del fornitore ricevente. L'interruzione del servizio durante la procedura di passaggio non può superare un giorno lavorativo.

Or. it

Amendment 642Marlene Mizzi, Biljana Borzan, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 99 – paragraph 2


2. Member States shall ensure that all end-users with numbers from the national telephone numbering plan who so request can retain their number(s) independently of the undertaking providing the service in accordance with the provisions of Part C of

2. Member States shall ensure that all end-users with numbers from the national telephone numbering plan who so request shall have the right to retain their number(s) independently of the undertaking providing the service in

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Annex VI. accordance with the provisions of Part C of Annex VI.

Or. en



3. National regulatory authorities shall ensure that pricing between operators and/or service providers related to the provision of number portability is cost-oriented, and that no direct charges are applied to end-users.

3. National regulatory authorities shall ensure that pricing between operators and/or service providers related to the provision of number portability is cost-oriented, and that where charges are applied to end-users these do not act as a disincentive towards changing service provider.

Or. en

Amendment 644Dita CharanzováProposal for a directiveArticle 99 – paragraph 5 – subparagraph 1


Porting of numbers and their subsequent activation shall be carried out within the shortest possible time. In any case, end-users who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day from the conclusion of such an agreement.

Porting of numbers and their subsequent activation shall be carried out within the shortest possible time. In any case, consumers who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day from the conclusion of such an agreement, unless the end-user expressly requests a different delay.

Or. en

(see Amendment 125 of the Rapporteur)

Justification

Addition clarification that the paragraph is primarily targeted at consumers. Businesses who wish a large number of numbers ported might be subject to a further delay than one working day. Like elsewhere in the Directive, small and micro size enterprise may be viewed as consumer. See later amendment from the rapporteur.PE604.695v01-00 48/119 AM\1125739XM.docx

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Porting of numbers and their subsequent activation shall be carried out within the shortest possible time. In any case, end-users who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day from the conclusion of such an agreement.

Porting of numbers and their subsequent activation shall be carried out within the shortest possible time. In any case, end-users who have concluded an agreement to port a number to a new undertaking shall have that number activated within one working day from the conclusion of such an agreement. The transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated.

Or. en

Amendment 646Dita CharanzováProposal for a directiveArticle 99 – paragraph 5 – subparagraph 1 a (new)


This paragraph shall apply also to micro or small enterprises and not-for-profit organisations as end-users unless they have expressly agreed to waive all or parts of those provisions.

Or. en

Justification

see justification on Rapporteur's amendment to Article 99, paragraph 5



The receiving provider shall lead the switching and porting process. National regulatory authorities may establish the global process of switching and of porting

National regulatory authorities may establish the global process of switching and of porting of numbers, taking into account national provisions on contracts,

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of numbers, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to 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.

technical feasibility and the need to maintain continuity of service to 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 or service of the end-user, on the same terms and conditions as the end-user was on prior to the switching process being initialised, until the porting or switching process 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.

Or. en

Amendment 648Marco Zullo, David BorrelliProposal for a directiveArticle 99 – paragraph 5 – subparagraph 2


Il fornitore ricevente conduce le operazioni di passaggio di fornitore e di portabilità del numero. Le autorità nazionali di regolamentazione possono stabilire il processo globale del cambiamento del fornitore e della portabilità del numero, tenendo conto delle disposizioni nazionali in materia di contratti, della fattibilità tecnica e della necessità di assicurare all' utente finale la continuità del servizio. In ogni caso, l'interruzione del servizio durante le operazioni di trasferimento non può superare un giorno lavorativo. In caso di mancato successo delle operazioni di trasferimento, il fornitore cedente riattiva il numero dell'utente finale fino al completamento della portabilità. Le autorità nazionali di regolamentazione adottano anche adeguate misure che assicurino l'adeguata informazione e la tutela degli utenti finali durante tutte le operazioni di trasferimento, evitando altresì il trasferimento ad altro operatore contro la loro volontà.

Il fornitore ricevente conduce le operazioni di passaggio di fornitore e di portabilità del numero. Le autorità nazionali di regolamentazione possono stabilire il processo globale del cambiamento del fornitore e della portabilità del numero, tenendo conto delle disposizioni nazionali in materia di contratti, della fattibilità tecnica e della necessità di assicurare all' utente finale la continuità del servizio. Tali disposizioni dovrebbero permettere all'utente di cambiare il numero assegnato senza cambiare la scheda SIM ad esso collegata. In ogni caso, l'interruzione del servizio durante le operazioni di trasferimento non può superare un giorno lavorativo. In caso di mancato successo delle operazioni di trasferimento, il fornitore cedente riattiva il numero dell'utente finale fino al completamento della portabilità. Le autorità nazionali di regolamentazione adottano anche adeguate misure che assicurino l'adeguata informazione e la

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tutela degli utenti finali durante tutte le operazioni di trasferimento, evitando altresì il trasferimento ad altro operatore contro la loro volontà.

Or. it

Amendment 649Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 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. 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.

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.

Or. en

Amendment 650Marlene Mizzi, Biljana Borzan, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 99 – paragraph 5 – subparagraph 2 a (new)


The end-users' contracts with the transferring provider shall be terminated

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automatically upon conclusion of the switching process. Transferring providers shall refund any remaining credit to the consumers using pre-paid services.

Or. en

Amendment 651Marco Zullo, David BorrelliProposal for a directiveArticle 99 – paragraph 6


6. Gli Stati membri provvedono affinché siano previste sanzioni adeguate per le imprese, tra cui l'obbligo di risarcire gli utenti finali in caso di ritardo nel trasferimento del numero o in caso di abuso di trasferimento da parte delle imprese o in nome di queste.

6. Gli Stati membri provvedono affinché siano previste sanzioni adeguate per le imprese, tra cui l'obbligo di risarcire gli utenti finali in caso di ritardo nel trasferimento del numero o in caso di abuso di trasferimento da parte delle imprese o in nome di queste. Tale risarcimento dovrebbe essere proporzionato alla durata del ritardo o alla natura dell'abuso subito dall'utente finale.

Or. it

Amendment 652Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 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 by them or on their behalf.

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.

Or. en

Amendment 653Lambert van Nistelrooij, Mihai Ţurcanu, Sabine VerheyenProposal for a directiveArticle 100 – paragraph 1

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1. If a bundle of services or a bundle of services and goods 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.

1. Where a bundle is offered to consumers Article 98 (1) and the information requirements listed in points (a) to (e) of Article 95(5) shall apply mutatis mutandis to all elements of the bundle.

A bundle for the purpose of this article is to be understood as consisting of an internet access service and/or interpersonal communications service with different but complementary terminal equipment and services provided by the same provider either i) under the same contract, or ii) under the same and subordinate contracts or iii) under the same and under linked contracts provided for a single combined price.

Or. en

Amendment 654Julia Redaon behalf of the Verts/ALE GroupProposal for a directiveArticle 100 – paragraph 1



1. A bundle of services or a bundle of services and goods offered to a consumer shall not prevent that consumer from obtaining separately all elements of the bundle under the same conditions except where the provisions applicable to another element of the bundle are more favorable to the end-user. Articles 95, 96 (1), 98 and 99 shall apply mutatis mutandis without impeding on the scope of this article.


XM

Justification

Bundles should not be used to stop users form choosing other packages or providers




1. If a bundle of services or a bundle of services and goods 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, by virtue of the nature of the elements comprising the bundle, Member States determine that this Article shall not apply.

Or. en

Justification

The contents of a bundle may vary significantly across Member States. Practices have emerged in some countries to include other regulated services in bundles, such as home energy services. It should be possible for Member States to respond to these market-led initiatives and to appropriately determine how best to treat these bundles of services.




1. If a bundle of services or a bundle of services and terminal equipment offered to an end-user comprises an internet access service, Articles 95, 96 (1), and 98 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.

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Or. en

Amendment 657Antonio López-Istúriz WhiteProposal for a directiveArticle 100 – paragraph 1



1. If a bundle of services or a bundle of services and terminal equipment offered to consumers comprises a publicly available internet access service or interpersonal communications service, Articles 98 (1) and the information requirements listed in points (a) to (e) of Article 95(5) shall apply mutatis mutandis to all elements of the bundle.

Or. en

Amendment 658Marlene Mizzi, Kerstin Westphal, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 100 – paragraph 1



1. If a bundle of services or a bundle of services and terminal 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 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.

Or. en


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2. Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-started.

deleted

Or. en

Justification

This amendment is necessary for the internal logic and coherence of the text

Amendment 660Lambert van Nistelrooij, Mihai Ţurcanu, Antanas Guoga, Eva MaydellProposal for a directiveArticle 100 – paragraph 2



2. Any subscription to additional services or goods provided or distributed by the same provider of publicly available communications services shall not re-start the initial contract period unless the consumer and provider have explicitly and legally agreed to it.

Or. en



2. Any subscription to additional services or goods provided or distributed

2. Any subscription to additional services or goods provided or distributed

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by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-started.

by the same provider of publicly available electronic communications services shall not re-start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-started.

Or. en




2. Any subscription to additional services or terminal equipment provided or distributed by the same provider of an internet access service shall not extend the term of the initial contract unless explicitly agreed otherwise when subscribing to the additional services or terminal equipment.

Or. en

Amendment 663Andreas Schwab, Pascal Arimont, Ivan Štefanec, Eva MaydellProposal for a directiveArticle 100 – paragraph 2


(2) Durch eine etwaige Anmeldung zu zusätzlichen Diensten oder Produkten desselben Anbieters anderer öffentlich zugänglicher elektronischer Kommunikationsdienste als nummernunabhängiger interpersoneller Kommunikationsdienste darf die anfängliche Vertragslaufzeit nicht erneut beginnen, es sei denn, die zusätzlichen Dienste oder Produkte werden zu einem

(2) Durch eine etwaige Anmeldung zu zusätzlichen Diensten oder Produkten desselben Anbieters anderer öffentlich zugänglicher elektronischer Kommunikationsdienste als nummernunabhängiger interpersoneller Kommunikationsdienste darf die anfängliche Vertragslaufzeit nicht erneut beginnen, es sei denn, der Anbieter und der Verbraucher haben sich in Einklang

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Sonderangebotspreis angeboten, der nur unter der Bedingung verfügbar ist, dass die bestehende Vertragslaufzeit erneut beginnt.

mit geltendem Recht entsprechend geeinigt.

Or. de

Amendment 664Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 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.

Or. en

Amendment 665Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 100 – paragraph 2 a (new)


2 a. 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.

Or. en

Amendment 666Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 100 – paragraph 2 b (new)

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2 b. 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.

Or. en

Amendment 667Marlene Mizzi, Virginie Rozière, Sergio Gutiérrez Prieto, Maria Grapini, Marc Tarabella, Lucy Anderson, Clara Eugenia Aguilera García, Evelyne GebhardtProposal for a directiveArticle 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 through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number ‘112’ and any national emergency number specified by Member States.

1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones 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.

Or. en

Justification

The amendment aims at achieving equal access for all end-users to 112 emregency services.

Amendment 668Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 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

1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay

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telephones, are able to access the emergency services through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number ‘112’ and any national emergency number specified by Member States.

telephones, 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.

Or. en

Justification

This provision is to legislate for the incidents where citizens call the emergency services from private telephony networks such as hotels, universities or large corporations. The current article is ambiguous and is being mis-interpreted.

Amendment 669Lambert van Nistelrooij, Ádám Kósa, Carlos Coelho, Roberta Metsola, Mihai Ţurcanu, Antanas Guoga, Antonio López-Istúriz White, Ramón Luis Valcárcel Siso, Birgit Collin-Langen, Eva MaydellProposal for a directiveArticle 102 – paragraph 1



1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones and of private electronic communication networks, are able to access the emergency services, or, where applicable, the internal emergency services, through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number '112' and any national emergency number specified by Member States.

Or. en

Justification

This provision is to legislate for the incidences where citizens call the emergency services from private telephony networks such as hotels, universities or large corporations. The current article is ambiguous and is being mis-interpreted. As a result of the current legislation, end-users have to dial a special number (for instance 85112 in the European PE604.695v01-00 60/119 AM\1125739XM.docx

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Parliament), which results in unnecessary confusion in case of emergency.




1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, relay services and total conversation services, are able to access the 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.

Or. en

Justification


Amendment 671Philippe JuvinProposal for a directiveArticle 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, or, where applicable, the internal emergency services, through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number ‘112’ and any national emergency number specified by Member States.

Or. en

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Amendment 672Andreas Schwab, Pascal Arimont, Dieter-Lebrecht Koch, Eva MaydellProposal for a directiveArticle 102 – paragraph 1


(1) Die Mitgliedstaaten stellen sicher, dass alle Endnutzer der in Absatz 2 aufgeführten Dienste, einschließlich der Nutzer öffentlicher Münz- und Kartentelefone, über den Notruf gebührenfrei Zugang zu Notdiensten unter der einheitlichen europäischen Notrufnummer 112 und unter etwaigen nationalen Notrufnummern haben, die von den Mitgliedstaaten vorgegeben sind.

(1) Die Mitgliedstaaten stellen sicher, dass alle Endnutzer der in Absatz 2 aufgeführten Dienste, einschließlich der Nutzer öffentlicher Münz- und Kartentelefone und Nutzer denen auch interne Notrufnummern zur Verfügung stehen, über den Notruf gebührenfrei Zugang zu Notdiensten unter der einheitlichen europäischen Notrufnummer 112 und unter etwaigen nationalen Notrufnummern haben, die von den Mitgliedstaaten vorgegeben sind.

Or. de




1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, where available, are able to call the emergency voice services through emergency voice communications free of charge and without having to use any means of payment, by using the single European emergency number '112' and any national emergency number specified by Member States.

Or. en



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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 to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).

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, where that service allows end-users to originate national calls to a number in a national telephone numbering plan, provide access to emergency services through emergency communications to the most appropriate PSAP to the extent such access can reasonably be provided using location information that is available to number-based interpersonal communications service providers and in a manner that is consistent with Member States' emergency calling infrastructures.

Or. en

Justification

Number-based interpersonal communication services do not always permit calls to be made to telephone numbers, as some are outbound or inbound calling only. The availability of caller location information depends of the capabilities of emergency calling infrastructures, as number-based interpersonal communication services lack caller location information for proper routing of emergency calls.

Amendment 675Lambert van Nistelrooij, Ádám Kósa, Carlos Coelho, Roberta Metsola, Mihai Ţurcanu, Antanas Guoga, Antonio López-Istúriz White, Ramón Luis Valcárcel Siso, Birgit Collin-LangenProposal for a directiveArticle 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 to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the obligation for undertakings may be extended to all interpersonal

2. Member States, in consultation with national regulatory authorities, emergency services and providers of electronic communications services, shall ensure that undertakings providing end-users with number-based interpersonal communications service for originating communications to a number in a national telephone numbering plan provide access to emergency services through emergency communications to the most appropriate PSAP to the extent such emergency communications can

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communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).

reasonably be provided using location information that is available to number-based interpersonal communications service providers and in a manner that is consistent with the Member State's existing emergency calling infrastructure.

Or. en

Amendment 676Marlene Mizzi, Virginie Rozière, Olga Sehnalová, Sergio Gutiérrez Prieto, Clara Eugenia Aguilera García, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 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 to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).

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.

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Or. en

Justification

The amendment aims at achieving equal access to 112 emergency services and the possibility of emergency services to be able to react to the technological developments in the future.




2. Member States, in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall conduct all necessary preparations and ensure that undertakings providing end-users with publicly available number-based interpersonal communications service provide access to voice emergency services through emergency voice communications to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency voice services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).

Or. en



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 to the most appropriate PSAP. In case of an appreciable threat to

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 through total conversation services, to the most

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effective access to emergency services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).

appropriate PSAP. In case of an appreciable threat to effective access to emergency services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).

Or. en




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 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 may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).

Or. en

Justification


Amendment 680Marco Zullo, David BorrelliProposal for a directiveArticle 102 – paragraph 2 a (new)


2 bis. I fornitori di servizi di comunicazione interpersonale

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indipendenti dal numero devono informare gli utenti finali nel caso in cui non offrano l'accesso ai servizi di emergenza o il trasferimento delle comunicazioni di emergenza ai servizi di comunicazione interpersonale basati sul numero sullo stesso dispositivo.

Or. it

Amendment 681Róża Gräfin von Thun und Hohenstein, Carlos Coelho, Birgit Collin-LangenProposal for a directiveArticle 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. 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.

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.

Or. en



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. Such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency

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

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number or numbers, where these continue to be in use.

effectively as emergency communications to the national emergency number or numbers, where these continue to be in use.

Or. en

Justification

The European emergency number 112 was established with the aim to make sure that people travelling in Europe can easily contact emergency services. In many cases, the language barrier can be an issue. For this reasons, Member States should make sure that emergency calls can be answered in several EU-languages.The provision inserted is to legislate for the current deficit that exists when it comes to the reporting and performance measurement by Member States with respect to the answering and handling of emergency calls.

Amendment 683Andreas Schwab, Pascal Arimont, Dieter-Lebrecht Koch, Lambert van Nistelrooij, Eva MaydellProposal for a directiveArticle 102 – paragraph 3


(3) Die Mitgliedstaaten stellen sicher, dass alle Notrufe unter der einheitlichen europäischen Notrufnummer 112 angemessen entgegengenommen und auf eine Weise bearbeitet werden, die der nationalen Rettungsdienstorganisation am besten angepasst ist. Diese Notrufe müssen mindestens genauso zügig und effektiv bearbeitet werden wie Notrufe bei anderen nationalen Notrufnummern, soweit solche weiterhin verwendet werden.

(3) Die Mitgliedstaaten stellen sicher, dass alle Notrufe unter der einheitlichen europäischen Notrufnummer 112 angemessen entgegengenommen und auf eine Weise bearbeitet werden, die der nationalen Rettungsdienstorganisation am besten angepasst ist, mit Rücksicht auf die nötige mehrsprachige Beantwortung solcher Notrufe. Diese Notrufe müssen mindestens genauso zügig und effektiv bearbeitet werden wie Notrufe bei anderen nationalen Notrufnummern, soweit solche weiterhin verwendet werden.

Or. de



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


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organisation of emergency systems. 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.

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.

Or. en

Amendment 685Marlene Mizzi, Nicola Danti, Virginie Rozière, Sergio Gutiérrez Prieto, Clara Eugenia Aguilera García, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 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. 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.

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.

Or. en

Justification

This revision is needed to respond to the current situation in Member States.




3. Member States shall ensure that all voice calls to the single European emergency number '112' are appropriately answered and handled in the manner best suited to the national organisation of

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organisation of emergency systems. 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.

emergency systems. Such calls shall be answered and handled at least as expeditiously and effectively as calls to the national emergency number or numbers, where these continue to be in use.

Or. en

Amendment 687Róża Gräfin von Thun und Hohenstein, Carlos Coelho, Birgit Collin-LangenProposal for a directiveArticle 102 – paragraph 3 – subparagraph 1 a (new)


The Commission, in consultation with the relevant competent authorities, shall adopt a recommendation on performance indicators for Member States. Every two years, the Commission shall submit a report on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators. The first such report shall be submitted to the European Parliament and the Council by 1 July 2019

Or. en

Amendment 688Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 102 – paragraph 3 – subparagraph 1 a (new)


The Commission, in consultation, with the relevant competent authorities, shall adopt a recommendation on performance indicators for Member States. The Commission shall every two years submit a report on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators. The first such report shall be submitted to the European Parliament

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and the Council by [DATE].

Or. en

Justification

The European emergency number 112 was established with the aim to make sure that people travelling in Europe can easily contact emergency services. In many cases, the language barrier can be an issue. For this reasons, Member States should make sure that emergency calls can be answered in several EU-languages.The provision inserted is to legislate for the current deficit that exists when it comes to the reporting and performance measurement by Member States with respect to the answering and handling of emergency calls.

Amendment 689Philippe JuvinProposal for a directiveArticle 102 – paragraph 3 – subparagraph 1 a (new)


The Commission, in consultation with the relevant competent authorities shall adopt a recommendation on performance indicators for Member States. The Commission shall report on the effectiveness of the implementation of the European emergency cal number "112" and on the functioning of the performance indicators every two years.

Or. en

Amendment 690Marlene Mizzi, Virginie Rozière, Sergio Gutiérrez Prieto, Clara Eugenia Aguilera García, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 102 – paragraph 3 a (new)


3 a. 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

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performance indicators.

Or. en

Justification

This provision is inserted to respond to the current deficit that exists when it comes to the reporting and performance measurement by Member States with respect to the answering and handling of emergency calls.

Amendment 691Andreas Schwab, Pascal Arimont, Dieter-Lebrecht Koch, Lambert van Nistelrooij, Eva MaydellProposal for a directiveArticle 102 – paragraph 3 a (new)


(3 a) Die Kommission verabschiedet in Abstimmung mit den einschlägigen zuständigen Behörden eine Empfehlung zu Leistungsindikatoren für die Mitgliedstaaten und übermittelt dem Europäischen Parlament und dem Rat bis zum (...) und danach im Abstand von zwei Jahren einen Bericht über die Wirksamkeit der Umsetzung der Europäischen Notrufnummer 112 und über das Funktionieren der Leistungsindikatoren.

Or. de



4. Member States shall ensure that access for disabled end-users 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 emergency communications whilst travelling in other Member States shall be based to the greatest extent possible on European standards or specifications

4. Member States shall ensure that access for disabled end-users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end-users, including through total conversation services and available third party relay services {conversational communication services}. The Commission and the national regulatory and other competent

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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.

authorities shall take appropriate measures to ensure that end-users with disabilities can access emergency services on an equal basis with others, whilst travelling in other Member State, in particular through the use of total conversation services and available relay services. These measures shall ensure interoperability across 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.

Or. en

Justification

This amendment is based on the par.50 of the European Parliament resolution of 7.7.2016 on the implementation of the UN Convention on the Rights of persons with Disabilities (2015/2258(INI)



4. Member States shall ensure that access for disabled end-users 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 emergency communications whilst travelling in other Member States 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.

4. Member States shall ensure that access for end-users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end-users, including through total conversation services and available third party relay services (conversational communication 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 others, whilst travelling in other Member State, in particular through the use of total conversation services and available relay services. These measures shall ensure

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interoperability across the Member States and shall be based to the greatest extend 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.

Or. en

Justification





4. Member States shall ensure that access for end-users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end-users 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 Member States in particular through the use of total conversation services and available relay services. These measures shall ensure interoperability across the 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.

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Or. en

Justification

The amendment aims at achieving equal access to 112 emergency services for end-users with disabilities.




4. Member States shall ensure that access for disabled end-users to emergency services is available through calls and is equivalent to that enjoyed by other end-users. Measures taken to ensure that disabled end-users are able to access emergency services whilst travelling in other Member States shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 39

Or. en

Amendment 696Róża Gräfin von Thun und Hohenstein, Carlos Coelho, Dariusz RosatiProposal for a directiveArticle 102 – paragraph 4 – subparagraph 1 a (new)


Member States shall make sure that citizens and visitors are adequately informed on their mobile phone about the means for disabled end-users to reach the emergency services, especially when travelling to other countries.

Or. en

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Amendment 697Philippe JuvinProposal for a directiveArticle 102 – paragraph 4 – subparagraph 1 a (new)


Member States shall make sure that citizens and visitors are adequately informed on their mobile phone about the means for disabled end-users to reach the emergency services, especially when travelling to other countries;

Or. en

Amendment 698Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 102 – paragraph 4 a (new)


4a. In accordance with the European Parliament resolution of 7 July 2016 on the implementation of the UN Convention on the Rights of Persons with Disabilities, with special regard to the Concluding Observations of the UN CRPD Committee (2015/2258(INI)), Member States shall ensure that accurate location information of disabled citizens contacting the emergency services is made available to the PSAP.

Or. en

Justification

This amendment is based on the par.50 of the European Parliament resolution of 7.7.2016 on the implementation of the UN Convention on the Rights of persons with Disabilities (2015/2258(INI)


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5. Member States shall ensure that 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 are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.

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.

By 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.

Or. en

Justification

This provision is inserted to respond to the current deficit that exists when it comes to caller location information.



5. Member States shall ensure that 5. Member States shall ensure that

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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 are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.

caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and handset-derived caller location information, if available. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.

Or. en




5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and if available, handset-derived caller location information. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller

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location information provided.

Or. en

Justification

The inaccuracy of the caller location is one of the main challenges that emergency services are facing. It is not acceptable that still today, people die because the accuracy of caller location provided to the :PSAP: is 2 km in average, despite the new geolocation technologies available in the user´s handset.

Amendment 702Lambert van Nistelrooij, Ádám Kósa, Carlos Coelho, Roberta Metsola, Róża Gräfin von Thun und Hohenstein, Mihai Ţurcanu, Antanas Guoga, Antonio López-Istúriz White, Ramón Luis Valcárcel Siso, Birgit Collin-Langen, Eva MaydellProposal for a directiveArticle 102 – paragraph 5



5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and if available, handset-derived caller location information. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number '112'. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.

Or. en

Justification

The inaccuracy of caller location is one of the main challenge that emergency services are facing. It is not acceptable that still today, people die because the accuracy of caller location provided to the ‘PSAP’ is 2km in average, despite the new geolocation technologies available in the user’s handset.

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Amendment 703Kaja KallasProposal for a directiveArticle 102 – paragraph 5



5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up.This shall include both network-based location information and if available, handset-derived caller location information. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.

Or. en

Amendment 704Andreas Schwab, Pascal Arimont, Dieter-Lebrecht Koch, Eva MaydellProposal for a directiveArticle 102 – paragraph 5


(5) Die Mitgliedstaaten stellen sicher, dass den Notrufabfragestellen unmittelbar nach Herstellung der Notrufverbindung Informationen zum Anruferstandort zur Verfügung stehen. Die Mitgliedstaaten sorgen dafür, dass die Feststellung und Übermittlung der Informationen zum Anruferstandort für alle Notrufe unter der einheitlichen europäischen Notrufnummer 112 für den Endnutzer und die die Notrufe bearbeitende Stelle kostenlos sind. Die Mitgliedstaaten können diese Verpflichtung auf Notrufe bei nationalen Notrufnummern

(5) Die Mitgliedstaaten stellen sicher, dass den Notrufabfragestellen unmittelbar nach Herstellung der Notrufverbindung Informationen zum Anruferstandort zur Verfügung stehen. Das umfasst sowohl netzwerk-basierte Standortinformationen wie auch Gerätestandortinformationen, falls verfügbar. Die Mitgliedstaaten sorgen dafür, dass die Feststellung und Übermittlung der Informationen zum Anruferstandort für alle Notrufe unter der einheitlichen europäischen Notrufnummer 112 für den Endnutzer und die die Notrufe

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ausdehnen. Die zuständigen Regulierungsbehörden legen Kriterien für die Genauigkeit und Zuverlässigkeit der Angaben zum Anruferstandort fest.

bearbeitende Stelle kostenlos sind. Die Mitgliedstaaten können diese Verpflichtung auf Notrufe bei nationalen Notrufnummern ausdehnen. Die zuständigen Regulierungsbehörden legen Kriterien für die Genauigkeit und Zuverlässigkeit der Angaben zum Anruferstandort fest.

Or. de




5. Member States shall ensure that caller location information is made available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and, where technically feasible, handset-derived caller location information. Member States shall ensure that the establishment and the transmission of the end-user location information are free of charge for the end-user and to the PSAP with regard to all emergency communications to the single European emergency number '112'. This shall not prevent competent regulatory authorities from laying down criteria for the accuracy and reliability of the caller location information provided.

Or. en

(See Amendment 138 of the Rapporteur)

Justification

Technical correction to amendment 138. Where technically feasible applies to handset, not to network-based location, which is always possible.


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5. Member States shall ensure that caller location information is available to the most appropriate PSAP without delay after the call is set up. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the call with regard to all calls to the single European emergency number '112'. Member States may extend that obligation to cover calls to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.

Or. en

Amendment 707Marlene Mizzi, Nicola Danti, Virginie Rozière, Olga Sehnalová, Sergio Gutiérrez Prieto, Clara Eugenia Aguilera García, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 102 – paragraph 6


6. Member States shall ensure that citizens are adequately informed about the existence and use of the single European emergency number ‘112’, in particular through initiatives specifically targeting persons travelling between Member States.

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.

Or. en

Justification

The amendment aims at achieving equal access of all end-users to 112 emergency services.

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6. Member States 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 through initiatives specifically targeting persons travelling between Member States, and persons with disabilities. The Commission shall support and complement Member States´action.

Or. en

Justification

More should be done to promote the existence of the European emergency number 112.

Amendment 709Róża Gräfin von Thun und Hohenstein, Carlos Coelho, Dariusz RosatiProposal for a directiveArticle 102 – paragraph 6



6. Member States shall ensure that citizens are adequately informed about the existence and use of the single European emergency number ‘112’, in particular through initiatives specifically targeting persons travelling between Member States. The Commission shall support and complement Member States' action.

Or. en



6. Member States shall ensure that citizens are adequately informed about the

6. Member States shall ensure that citizens are adequately informed about the

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existence and use of the single European emergency number ‘112’, in particular through initiatives specifically targeting persons travelling between Member States.

existence and use of the single European emergency number ‘112’, in particular through initiatives specifically targeting persons travelling between Member States. The Commission shall support and complement Member States actions.

Or. en




6. Member States shall ensure that citizens are adequately informed about the existence and use of the single European emergency call number '112', as well as its accessibility features, including through initiatives specifically targeting persons travelling between Member States and persons with disabilities.

Or. en

Justification


Amendment 712Carlos Coelho, Antonio López-Istúriz WhiteProposal for a directiveArticle 102 – paragraph 6 – subparagraph 1 a (new)


Essa informação deve ser garantida às pessoas com deficiência em formatos e tecnologias acessíveis e adequados aos diferentes tipos de deficiência, incluindo a linguagem gestual, o código Braille, a comunicação aumentativa e alternativa e outros meios.

Or. pt

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Proposal for a directiveArticle 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-users and routing to the most appropriate PSAP.

In order to ensure effective access to voice emergency services through calls 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 voice emergency communications in the Union with regard to caller location solutions, access for disabled end-users and routing to the most appropriate PSAP.

Or. en

Amendment 714Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 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-users, accessibility for persons with disabilities and routing to the most appropriate PSAP.

Or. en

Amendment 715Marlene Mizzi, Virginie Rozière, Sergio Gutiérrez Prieto, Clara Eugenia Aguilera García, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 102 – paragraph 7 – subparagraph 1

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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 end-users and accessibility for persons with disabilities and routing to the most appropriate PSAP.

Or. en

Amendment 716Julia Redaon behalf of the Verts/ALE GroupProposal for a directiveArticle 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 end-users, accessibility for persons with disabilities, and routing to the most appropriate PSAP.

Or. en

Justification


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Proposal for a directiveArticle 102 – paragraph 7 – subparagraph 1 a (new)


The Commission shall maintain a database of E.164 numbers of European emergency services to ensure that they are able to contact each other from one Member State to another.

Or. en

Justification

Currently, a citizen in Country A who has a need to contact 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 services in each country.

Amendment 718Marlene Mizzi, Virginie Rozière, Sergio Gutiérrez Prieto, Clara Eugenia Aguilera García, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 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.

Or. en

Justification

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. This has been a repeated request from the emergency services in order to respond the increasing demand from citizens in these scenarios.

Amendment 719Lambert van Nistelrooij, Ádám Kósa, Carlos Coelho, Roberta Metsola, Mihai Ţurcanu, Antanas Guoga, Antonio López-Istúriz White, Ramón Luis Valcárcel Siso, Birgit Collin-Langen, Andreas Schwab, Pascal Arimont, Eva MaydellProposal for a directiveArticle 102 – paragraph 7 a (new)

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7 a. The Commission shall maintain a database of E.164 numbers of European emergency services to ensure that they are able to contact each other from one Member State to another.

Or. en

Justification

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. This has been a repeated request from the emergency services in order to respond the increasing demand from citizens in these scenarios.

Amendment 720Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 102 – paragraph 7 – subparagraph 1 b (new)


Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient "Reverse-112" communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.

Or. en

Justification

This amendment aims at making sure that the telephone networks can be used to alert the citizens in cost-efficient way and letting the Member States chose the technology they prefer.

Amendment 721Anneleen Van Bossuyt, Daniel Dalton, Vicky FordProposal for a directiveArticle 102 – paragraph 7 a (new)

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7 a. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient 'Reverse-112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.

Or. en

Amendment 722Philippe JuvinProposal for a directiveArticle 102 – paragraph 7 a (new)


7 a. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient "reverse-112" communication system, 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.

Or. en

Amendment 723Lambert van Nistelrooij, Ádám Kósa, Carlos Coelho, Roberta Metsola, Mihai Ţurcanu, Antanas Guoga, Antonio López-Istúriz White, Ramón Luis Valcárcel Siso, Birgit Collin-Langen, Andreas Schwab, Pascal Arimont, Eva MaydellProposal for a directiveArticle 102 – paragraph 7 b (new)


7 b. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient 'Reverse-112' communication system for warning and

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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.

Or. en

Justification

It is crucial that Member States make sure that relevant national authorities can inform all the population of ongoing disasters/attacks or upcoming threats. This can be done through electronic communications network by making sure that any citizen can be alerted in due time on his/her telephone. Missing children could also benefit from such a provision as it would allow the so-called ‘Amber Alerts’ to be sent to all the population also via the telephone network.

Amendment 724Marlene Mizzi, Sergio Gutiérrez Prieto, Clara Eugenia Aguilera García, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 102 a (new)


Article 102a

Reverse "112" system

1. Member States shall ensure, 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.

2. No later than [1 year after the transposition deadline] the Commission shall submit a report to the European Parliament and the Council on the feasibility of setting up universal, accessible, cross-border EU-wide "Reverse 112 communication system" utilising existing electronic communication networks and services in

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order to alert the public in the event of an imminent or developing disaster or major state of emergency across different Member States .

3. The Commission, having consulted BEREC and civil defence services, shall, no later than (two years after the entry into force of this Directive), lay down the specifications necessary for the setting up of EU wide reverse system referred to in paragraph 2, while taking into account existing national and regional systems and complying with legislation on the protection of private data.

Or. en

Justification

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 of on-going disasters/attacks or upcoming threats. This amendment aims at making sure that citizens are alerted in a cost-efficient way and letting the Member States chose the technology they prefer.

Amendment 725Curzio Maltese, Jiří MaštálkaProposal for a directiveArticle 103 – paragraph 1 – introductory part


1. Member States shall ensure that the competent authorities specify, where appropriate, requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end-users:

1. Member States shall ensure that the competent authorities specify requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end-users:

Or. en

Justification

The deletion is justified because one of the main purposes of the proposal is to improve consumers' access to universal services, particularly important for users with disabilities. The deletion makes this a requirement without any exception and is therefore necessary to ensure the internal logic of the text.

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Amendment 726Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 103 – paragraph 1 – introductory part



1. Member States shall ensure that the competent authorities specify, where appropriate and after consulting with representative organizations of persons with disabilities, requirements to be met by undertakings providing publicly available electronic communications services to ensure that end-users with disabilities:

Or. en

Amendment 727Marlene Mizzi, Olga Sehnalová, Sergio Gutiérrez Prieto, Clara Eugenia Aguilera García, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 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 end-users with disabilities:

Or. en

Justification

The amendments are tabled to ensure consistency and logic with the rest of the AMs throughout the text. As for Total Conversation, this is already an international standard by the International Telecommunication Union in which real time text is also defined.

Amendment 728Marlene Mizzi, Olga Sehnalová, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 103 – paragraph 1 – point a


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communications services equivalent to that enjoyed by the majority of end-users; and

communications services equivalent to that enjoyed by the majority of end-users;

Or. en

Justification


Amendment 729Marlene Mizzi, Olga Sehnalová, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 103 – paragraph 1 – point a a (new)


(a a) 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;

Or. en

Justification


Amendment 730Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 103 – paragraph 1 – point a a (new)


(aa) enjoy, on an equal basis with others, cross border conversational 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 communication services

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Or. en

Amendment 731Marlene Mizzi, Olga Sehnalová, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 103 – paragraph 1 – point a b (new)


(a b) 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;

Or. en

Justification


Amendment 732Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 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.

Or. en

Amendment 733Marlene Mizzi, Olga Sehnalová, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 103 – paragraph 2


2. In taking the measures referred to in paragraph 1, Member States shall encourage compliance with the relevant standards or specifications published in

2. In taking the measures referred to in paragraph 1, Member States shall ensure compliance with the relevant accessibility and interoperability standards or

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accordance with Article 39. specifications published in accordance with Article 39.

Or. en

Justification




2. In taking the measures referred to in paragraph 1, Member States shall encourage compliance with the relevant standards or specifications published in accordance with Article 39.

2. In taking the measures referred to in paragraph 1, Member States shall ensure compliance with the relevant accessibility and interoperability standards or specifications published in accordance with Article 39.

Or. en



1. Member States shall ensure that all undertakings which assign telephone numbers to end-users meet all reasonable requests to make available, for the purposes of the provision of publicly available directory enquiry services and directories, the relevant information in an agreed format on terms which are fair, objective, cost oriented and non-discriminatory.

1. Member States shall ensure that all undertakings providing voice communication services meet all reasonable requests to make available, for the purposes of the provision of publicly available directory enquiry services and directories, the relevant information in an agreed format on terms which are fair, objective, cost oriented and non-discriminatory.

Or. en

Amendment 736Marlene Mizzi, Arndt Kohn, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson

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Proposal for a directiveArticle 105 – title


Interoperability of consumer digital television equipment

Interoperability of consumer radio and digital television equipment

Or. en

Justification

As the transition from analogue to digital radio is not coordinated across the EU, the diversity of transmission standards between the Member States is expected to continue for a number of years. Introduction of multi-standard radio sets would allow the Member States to manage this transition at their own pace while ensuring the cross-border compatibility.

Amendment 737Curzio Maltese, Jiří MaštálkaProposal for a directiveArticle 105 – title


Interoperability of consumer digital television equipment

Interoperability of consumer radio and digital television equipment

Or. en

Justification

The addition of 'radio' is justified because one of the main purposes of the proposal is to improve consumers' access to universal services as well as interoperability of the related equipment - in both these respects, radio should be regarded as equally important as digital television. This change is therefore necessary to ensure the internal logic of the text.

Amendment 738Curzio Maltese, Jiří MaštálkaProposal for a directiveArticle 105 – paragraph 1


In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer digital television equipment referred to therein.

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.

Or. en

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Justification

The addition of 'radio' is justified because one of the main purposes of the proposal is to improve consumers' access to universal services as well as interoperability of the related equipment - in both these respects, radio should be regarded as equally important as digital television. This change is therefore necessary to ensure the internal logic of the text.

Amendment 739Marlene Mizzi, Arndt Kohn, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 105 – paragraph 1


In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer digital television equipment referred to therein.

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.

Or. en

Justification

As the transition from analogue to digital radio is not coordinated across the EU, the diversity of transmission standards between the Member States is expected to continue for a number of years. Introduction of multi-standard radio sets would allow the Member States to manage this transition at their own pace while ensuring the cross-border compatibility.

Amendment 740Marlene Mizzi, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveArticle 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 given the possibility through a free and easy process to return the terminal equipment.

Or. en

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Justification

Providers of digital television services shall make it easy for consumers to switch between providers of Digital TV

Amendment 741Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 105 – paragraph 1 a (new)


In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio equipment referred to therein.

Or. en

Amendment 742Lambert van NistelrooijProposal for a directiveArticle 106 – title


‘Must carry’ obligations ‘Must carry’ obligations and 'must offer' entitlements

Or. en

Amendment 743Jiří Maštálka, Kateřina KonečnáProposal for a directiveArticle 106 – paragraph 1 – subparagraph 1


Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the

Member States shall impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access to content and electronic programming guide for end-users with disabilities and data supporting connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the

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public where a significant number of end-users of such networks use them as their principal means to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

distribution of radio or television broadcast channels 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 channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Or. en

Amendment 744Julia Redaon behalf of the Verts/ALE GroupProposal for a directiveArticle 106 – paragraph 1 – subparagraph 1


Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels 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 channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Member States shall impose reasonable 'must carry' obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access to content and electronic programming guides for end-users with disabilities and data supporting connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels 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 channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Or. en

Justification


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Member States may impose reasonable 'must carry' obligations, for the transmission of specified radio and audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and obligations enabling access for end-users to connected TV services and to the specified services on electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or audiovisual media services to the public where a significant number of end-users of such networks use them to receive radio and audiovisual media services.

Member States may impose reasonable 'must offer' entitlements, in respect of specified radio and audiovisual media services of general interest, to the benefit of undertakings subject to must-carry obligations under their jurisdiction.

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.

Or. en

Amendment 746Lambert van Nistelrooij, Mihai Ţurcanu, Sabine VerheyenProposal for a directiveArticle 106 – paragraph 1 – subparagraph 1

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Member States may impose reasonable 'must carry' obligations, for the transmission of specified radio and television broadcast channels and the related complementary accessibility services that enable appropriate access for disabled end-users on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels 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 channels.

Member States who impose 'must carry' obligations may also impose reasonable 'must offer' entitlements as regards specified radio and television broadcast channels of general interest on undertakings under their jurisdiction holding the relevant rights.

'Must carry' obligations referred to in the first subparagraph 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.

Or. en

Amendment 747Curzio Maltese, Jiří MaštálkaProposal for a directiveArticle 106 – paragraph 1 – subparagraph 1


Member States may impose reasonable ‘must carry’ obligations, for the

Member States may impose reasonable 'must carry' obligations, for the

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transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels 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 channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end-users of such networks use them to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Or. en

Justification

This amendment is tabled by Curzio Maltese, draftsperson for the CULT opinion, on behalf of the CULT committee. This amendment reflects the CULT position on this article, as adopted in its vote on the opinion on 4 May 2017.Users now also access content via electronic communications services and not solely via electronic communications networks. Users can access content via a wide variety of terminal devices and communications infrastructures. The wording here needs to be up-to-date and future-proof. Furthermore, communication networks are no longer used as the ‘principal means’ and the reference to this should be deleted. See recital 270.

Amendment 748Marlene Mizzi, Nicola Danti, Liisa Jaakonsaari, Arndt Kohn, Virginie Rozière, Olga Sehnalová, Maria Grapini, Marc Tarabella, Evelyne GebhardtProposal for a directiveArticle 106 – paragraph 1 – subparagraph 1


Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guides, on

Member States may impose reasonable 'must carry' obligations, for the transmission of specified radio and audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access to content and electronic programming guides for end-users with disabilities and data supporting and

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undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels 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 channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

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 audiovisual media services to the public where a significant number of end-users of such networks and 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.

Or. en

Justification

Must Carry Obligations are essential safeguard to ensure citizen's access, including for people with disabilities, to public value content, as well as media pluralism and cultural diversity.

Amendment 749Anneleen Van BossuytProposal for a directiveArticle 106 – paragraph 1 – subparagraph 1


De lidstaten kunnen ten aanzien van nader bepaalde radio- en televisieomroepkanalen en extra daaraan gerelateerde faciliteiten, in het bijzonder toegankelijkheidsdiensten om een passende toegang voor eindgebruikers met een handicap en dataondersteunende connected Tv-diensten en elektronische programmagidsen mogelijk te maken, aan de onder hun bevoegdheid ressorterende ondernemingen die elektronische-communicatienetwerken aanbieden welke voor de distributie van radio- en televisieomroepkanalen naar het publiek worden gebruikt, redelijke doorgifteverplichtingen („must carry”) opleggen indien deze netwerken voor een significant aantal eindgebruikers van die netwerken het belangrijkste middel zijn om radio- en televisieomroepkanalen te

De lidstaten kunnen ten aanzien van nader bepaalde radio- en televisieomroepkanalen en de daaraan gerelateerde toegankelijkheidsdiensten die een passende toegang voor eindgebruikers met een handicap mogelijk maken, aan de onder hun bevoegdheid ressorterende ondernemingen die elektronische-communicatienetwerken aanbieden welke voor de distributie van radio- en televisieomroepkanalen naar het publiek worden gebruikt, redelijke doorgifteverplichtingen („must carry") opleggen indien deze netwerken voor een significant aantal eindgebruikers van die netwerken het belangrijkste middel zijn om radio- en televisieomroepkanalen te ontvangen. Dergelijke verplichtingen worden alleen opgelegd indien zij noodzakelijk zijn om doelstellingen van

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ontvangen. Dergelijke verplichtingen worden alleen opgelegd indien zij noodzakelijk zijn om doelstellingen van algemeen belang als duidelijk omschreven door elke lidstaat te verwezenlijken, en zijn evenredig en transparant.

algemeen belang als duidelijk omschreven door elke lidstaat te verwezenlijken, en zijn evenredig en transparant.

Or. nl

Amendment 750Lucy AndersonProposal for a directiveArticle 106 – paragraph 1 – subparagraph 1



Member States may impose reasonable 'must carry' obligations, for the transmission of specified radio and audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and obligations enabling access for end-users to connected TV services and to the specified services on electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or audiovisual media services to the public where a significant number of end-users of such networks and 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.

Or. en

Amendment 751Andreas Schwab, Pascal ArimontProposal for a directiveArticle 106 – paragraph 1 – subparagraph 1


Die Mitgliedstaaten können zur Die Mitgliedstaaten können zur

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Übertragung bestimmter Hörfunk- und Fernsehkanäle und damit verbundener, ergänzender, insbesondere zugangserleichternder Dienste, die behinderten Endnutzern einen angemessenen Zugang ermöglichen, sowie von Daten für Dienste des vernetzten Fernsehens und elektronische Programmführer den ihrer Rechtshoheit unterliegenden Unternehmen, die für die öffentliche Verbreitung von Hörfunk- und Fernsehkanälen genutzte elektronische Kommunikationsnetze betreiben, zumutbare Übertragungspflichten auferlegen, wenn eine erhebliche Zahl von Endnutzern diese Netze als Hauptmittel zum Empfang von Hörfunk- und Fernsehkanälen nutzt. Solche Pflichten dürfen nur auferlegt werden, soweit sie zur Erreichung der von den einzelnen Mitgliedstaaten ausdrücklich festgelegten Ziele von allgemeinem Interesse erforderlich sind, und sie müssen verhältnismäßig und transparent sein.

Übertragung bestimmter Hörfunk- und Fernsehkanäle und damit verbundener, ergänzender, insbesondere zugangserleichternder Dienste, die behinderten Endnutzern einen angemessenen Zugang ermöglichen, sowie von Daten für Dienste des vernetzten Fernsehens und elektronische Programmführer den ihrer Rechtshoheit unterliegenden Unternehmen, die für die öffentliche Verbreitung von Hörfunk- und Fernsehkanälen genutzte elektronische Kommunikationsnetze und -dienste betreiben, zumutbare Übertragungspflichten auferlegen, wenn eine erhebliche Zahl von Endnutzern diese Netze und Dienste als Hauptmittel zum Empfang von Hörfunk- und Fernsehkanälen nutzt. Solche Pflichten dürfen nur auferlegt werden, soweit sie zur Erreichung der von den einzelnen Mitgliedstaaten ausdrücklich festgelegten Ziele von allgemeinem Interesse erforderlich sind, und sie müssen verhältnismäßig und transparent sein.

Or. de



Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end-users of such networks use them as their principal means to receive radio and

Member States may impose reasonable 'must carry' obligations for the transmission of radio and television broadcast channels of general interest, which have a specifically high importance for the individual and public formation of opinions, and accessibility services to enable appropriate access for disabled consumers, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels 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 channels.

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television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

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.

Or. en



The obligations referred to in the first subparagraph shall be reviewed by the Member States at the latest within one year of [date of entry into force of this Directive], except where Member States have carried out such a review within the previous four years.

The obligations referred to in the first and second subparagraphs shall be reviewed by the Member States at the latest within one year of [date of entry into force of this Directive], except where Member States have carried out such a review within the previous four years.

Or. en

Amendment 754Lambert van Nistelrooij, Mihai ŢurcanuProposal for a directiveArticle 106 – paragraph 2


2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.

2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. If remuneration is provided for, which Member States shall regulate in national law (including the amount of payment), such remuneration is applied in a proportionate and transparent manner.

Or. en

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Amendment 755Arndt Kohn, Evelyne Gebhardt, Kerstin WestphalProposal for a directiveArticle 106 – paragraph 2


(2) Weder Absatz 1 dieses Artikels noch Artikel 57 Absatz 2 beeinträchtigt die Möglichkeit der Mitgliedstaaten, in Bezug auf die nach diesem Artikel auferlegten Verpflichtungen gegebenenfalls ein angemessenes Entgelt festzulegen; dabei ist zu gewährleisten, dass bei vergleichbaren Gegebenheiten keine Diskriminierung hinsichtlich der Behandlung der Unternehmen erfolgt, die elektronische Kommunikationsnetze betreiben. Sofern ein Entgelt vorgesehen ist, stellen die Mitgliedstaaten sicher, dass die Erhebung nach dem Grundsatz der Verhältnismäßigkeit und in transparenter Weise erfolgt.

(2) Weder Absatz 1 dieses Artikels noch Artikel 57 Absatz 2 beeinträchtigt die Möglichkeit der Mitgliedstaaten, in Bezug auf die nach diesem Artikel auferlegten Verpflichtungen gegebenenfalls ein angemessenes Entgelt festzulegen; dabei ist zu gewährleisten, dass bei vergleichbaren Gegebenheiten keine Diskriminierung hinsichtlich der Behandlung der Unternehmen erfolgt, die elektronische Kommunikationsnetze betreiben. Sofern ein Entgelt vorgesehen werden soll, bedarf dies einer gesetzlichen Regelung, auch hinsichtlich der Entgelthöhe, außerdem stellen die Mitgliedstaaten sicher, dass die Erhebung nach dem Grundsatz der Verhältnismäßigkeit und in transparenter Weise erfolgt.

Or. de

Amendment 756Anneleen Van BossuytProposal for a directiveArticle 106 – paragraph 2


2. Noch lid 1 noch artikel 57, lid 2) doen afbreuk aan de mogelijkheid voor lidstaten om al dan niet een passende vergoeding vast te stellen voor de overeenkomstig dit artikel genomen maatregelen en er tevens voor te zorgen dat er in vergelijkbare omstandigheden geen sprake is van discriminatie in de behandeling van ondernemingen die elektronische-communicatienetwerken aanbieden. Wanneer vergoeding wordt aangeboden zorgen de lidstaten ervoor dat dit gebeurt op evenredige en transparante wijze.

2. Lidstaten stellen een passende vergoeding vast voor de overeenkomstig dit artikel genomen maatregelen en zullen er tevens voor zorgen dat er in vergelijkbare omstandigheden geen sprake is van discriminatie in de behandeling van ondernemingen die elektronische-communicatienetwerken aanbieden. Wanneer vergoeding wordt aangeboden zorgen de lidstaten ervoor dat dit gebeurt op evenredige en transparante wijze.

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Or. nl

Amendment 757Marlene Mizzi, Nicola Danti, Liisa Jaakonsaari, Arndt Kohn, Virginie Rozière, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveArticle 106 – paragraph 2


2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.

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.

Or. en

Justification

Member States need to provide clarity and legal certainty in relation to remuneration uncertainties to the must-carry rules if they decide that remuneration is going to be provided.

Amendment 758Curzio Maltese, Jiří MaštálkaProposal for a directiveArticle 106 – paragraph 2


2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent

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

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manner. applied in a proportionate and transparent manner.

Or. en

Justification

This amendment is tabled by Curzio Maltese, draftsperson for the CULT opinion, on behalf of the CULT committee. This amendment reflects the CULT position on this article, as adopted in its vote on the opinion on 4 May 2017. ember States need to provide clarity and legal certainty in relation to remuneration uncertainties to the must-carry rules if they decide that remuneration is going to be provided.Member States need to provide clarity and legal certainty in relation to remuneration uncertainties to the must-carry rules if they decide that remuneration is going to be provided.

Amendment 759Andreas Schwab, Pascal ArimontProposal for a directiveArticle 106 – paragraph 2


(2) Weder Absatz 1 dieses Artikels noch Artikel 57 Absatz 2 beeinträchtigt die Möglichkeit der Mitgliedstaaten, in Bezug auf die nach diesem Artikel auferlegten Verpflichtungen gegebenenfalls ein angemessenes Entgelt festzulegen; dabei ist zu gewährleisten, dass bei vergleichbaren Gegebenheiten keine Diskriminierung hinsichtlich der Behandlung der Unternehmen erfolgt, die elektronische Kommunikationsnetze betreiben. Sofern ein Entgelt vorgesehen ist, stellen die Mitgliedstaaten sicher, dass die Erhebung nach dem Grundsatz der Verhältnismäßigkeit und in transparenter Weise erfolgt.

(2) Weder Absatz 1 dieses Artikels noch Artikel 57 Absatz 2 beeinträchtigt die Möglichkeit der Mitgliedstaaten, in Bezug auf die nach diesem Artikel auferlegten Verpflichtungen gegebenenfalls ein angemessenes Entgelt festzulegen; dabei ist zu gewährleisten, dass bei vergleichbaren Gegebenheiten keine Diskriminierung hinsichtlich der Behandlung der Unternehmen erfolgt, die elektronische Kommunikationsnetze und -dienste betreiben. Sofern ein Entgelt vorgesehen ist, stellen die Mitgliedstaaten sicher, dass die Erhebung nach dem Grundsatz der Verhältnismäßigkeit und in transparenter Weise erfolgt.

Or. de



2. A Member State shall waive paragraph 1 in all or part of its territory if it considers, after taking into account the

2. A Member State may decide to waive paragraph 1 in all or part of its territory if it considers, after taking into

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views of interested parties, that there is sufficient access to these facilities.

account the views of interested parties, that there is sufficient access to these facilities.

Or. en



2. A Member State shall 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.

2. A Member State may 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.

Or. en



The Commission is empowered to adopt delegated acts in accordance with Article 109 concerning the adaptations of Annexes V, VI, VIII, IX, and X in order to take account of technological and social developments or changes in market demand.

The Commission is empowered to adopt delegated acts in accordance with Article 109 concerning the adaptations of Annexes V, VI, IX, and X in order to take account of technological and social developments or changes in market demand The Commission shall ensure that relevant stakeholders are consulted prior to the adoption of delegated acts.

Or. en

Amendment 763Julia Redaon behalf of the Verts/ALE GroupProposal for a directiveAnnex I – part A – point 4


4. Enabling of legal interception by competent national authorities in conformity with Directive 2002/58/EC and

deleted

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Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data54 .

__________________54 OJ L 281, 23.11.1995, p. 31.

Or. en

Justification

As Member State competence this type of law enforcement measures is not a EU competence and should not be prescribed as such in this act. This does not preclude MS to ask for it and NRAs to include it in their requirements

Amendment 764Jiří Maštálka, Kateřina KonečnáProposal for a directiveAnnex II – part 2 – point b a (new)


(b a) Access to graphical user interfaces (GUI)

Or. en

Amendment 765Marlene Mizzi, Kerstin Westphal, Maria Grapini, Marc Tarabella, Lucy Anderson, Evelyne GebhardtProposal for a directiveAnnex V


Annex V deleted

LIST OF SERVICES WHICH THE FUNCTIONAL INTERNET ACCESS SERVICE SHALL BE CAPABLE OF SUPPORTING IN ACCORDANCE WITH ARTICLE 79(2)

(1) E-mail

(2) search engines enabling search and finding of all type of information

(3) basic training and education online tools

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(4) online newspapers/news

(5) buying/ordering goods or services online

(6) job searching and job searching tools

(7) professional networking

(8) internet banking

(9) eGovernment service use

(10) social media and instant messaging

(11) calls and video calls (standard quality)

Or. en

Amendment 766Vicky FordProposal for a directiveAnnex V


Annex V deleted


(1) E-mail









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Or. en

Justification

Defining “functional internet access service” based on a list of online services it should be ableto deliver is too restrictive.

Amendment 767Julia Redaon behalf of the Verts/ALE GroupProposal for a directiveAnnex V


Annex V deleted


(1) E-mail












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Justification

Today and tomorrow, an Internet connection is at the center of everyone's life. Being connected to the Internet cannot be restricted to a slow and uneven connection. The access to a proposed functional Internet that does not have the same characteristics, and especially the same speed, as normal offers is a measure that can create digital divisions or deepen the existing ones. Only offering the same broadband internet access would protect the right to access to culture, information and knowledge for people with limited resources. Those are fundamental conditions so as not to increase exclusion.

Amendment 768Jiří Maštálka, Kateřina KonečnáProposal for a directiveAnnex V – point 11 a (new)


(11 a) Total conversation services

Or. en

Amendment 769Curzio Maltese, Jiří MaštálkaProposal for a directiveAnnex V – point 11 a (new)


(11 a) audiovisual media services

Or. en

Amendment 770Vicky FordProposal for a directiveAnnex VI – part B – paragraph 3 – subparagraph 1a (new)


National regulatory authorities may require operators to provide calling-line identification (CLI) free of charge.

Or. en

Justification

Allowing NRAs to make Caller displayfacilities available free of charge would help ensure that the most vulnerableconsumers would also benefit from this protection.

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Amendment 771Sergio Gutiérrez PrietoProposal for a directiveAnnex VII – subheading 1


CALCULATING THE NET COST, IF ANY, OF UNIVERSAL SERVICE OBLIGATIONS IN ACCORDANCE WITH ARTICLES 84 AND 85

CALCULATING THE NET COST, IF ANY, OF UNIVERSAL SERVICE OBLIGATIONS AND ESTABLISHING ANY RECOVERY OR SHARING MECHANISM IN ACCORDANCE WITH ARTICLES 84 AND 85

Or. en

Amendment 772Sergio Gutiérrez PrietoProposal for a directiveAnnex VII – subheading 1 a (new)


PART A: CALCULATION OF NET COST

Or. en

Amendment 773Sergio Gutiérrez PrietoProposal for a directiveAnnex VII – paragraph 3 – subparagraph 2 a (new)


PART B: RECOVERY OF ANY NET COSTS OF UNIVERSAL SERVICE OBLIGATIONS

The recovery or financing of any net costs of universal service obligations requires designated undertakings with universal service obligations to be compensated for the services they provide under non-commercial conditions. Because such a compensation involves financial transfers, Member States are to ensure that these are undertaken in an objective, transparent, non-discriminatory and proportionate manner. This means that the transfers result in the least distortion

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to competition and to user demand.

In accordance with Article 85(3), a sharing mechanism based on a fund should use a transparent and neutral means for collecting contributions that avoids the danger of a double imposition of contributions falling on both outputs and inputs of undertakings.

The independent body administering the fund is to be responsible for collecting contributions from undertakings which are assessed as liable to contribute to the net cost of universal service obligations in the Member State and is to oversee the transfer of sums due and/or administrative payments to the undertakings entitled to receive payments from the fund.

Or. en

Amendment 774Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveAnnex VIII – point 2 – point 2.5


2.5. If the undertaking is a provider of number-based interpersonal communications services, information on access to emergency services and caller location information.

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.

Or. en

Amendment 775Dita CharanzováProposal for a directiveAnnex IX – paragraph 4 a (new)


Latency (Delay)

(this is added to Amendment 162)

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Or. en

(See 162 of the Rapporteur)

Justification

Technical addition to amendment 162, adding a missing word, which was mistakenly not included in the original amendment.

Amendment 776Jiří Maštálka, Kateřina KonečnáProposal for a directiveAnnex X – subheading 1


INTEROPERABILITY OF DIGITAL CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105

INTEROPERABILITY OF CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105

Or. en

Amendment 777Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveAnnex X – subheading 1


INTEROPERABILITY OF DIGITAL CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105

INTEROPERABILITY OF CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105

Or. en

Amendment 778Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveAnnex 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

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

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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.

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.

Or. en

Amendment 779Jiří Maštálka, Kateřina KonečnáProposal for a directiveAnnex X – part 2 – paragraph 1 – point 1 (new)


(1) INTEROPERABILITY FOR ANALOGUE AND DIGITAL RADIO RECEIVING DEVICES

All consumer equipment enabling the reception of radio and/or audio signals made

available in the Community, is to possess the capability to receive radio in a technology

neutral manner, by analogue and digital broadcasting, and via IP networks

Or. en

Amendment 780Marlene Mizzi, Maria Grapini, Marc Tarabella, Lucy AndersonProposal for a directiveAnnex X – part 2 a (new)


2 a. 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

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networks.

Or. en

Amendment 781Dita CharanzováProposal for a directiveAnnex X – part 2 a (new)


2 a. FUNCTIONALITY FOR RADIO SETS

Any radio set which is put on the market for sale or rent or which is otherwise made available in the Union from [date] shall be capable of receiving at least digital terrestrial radio broadcasts. Such radio sets shall also support analogue terrestrial radio broadcasts until such time as analogue radio is no longer made available in the 50 % of the territory of the Union.

Or. en

(See Amendment 163 of the rapporteur)

Justification

Technical correction to Amendment 163 making clear that this references terrestrial radio broadcasts. This amendment has no effect on IP or other types of radio broadcasting.

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