Telecoms Package Committes Amendements

In the following amendments, additions and updates with regard to Commission's initial proposal are displayed in bold, deletions are stroke out. Interesting amendments have been searched with terms in italic.

See also compromised amendments (not published yet).

COD/2007/0247
Electronic communications: common regulatory framework for networks and services, access, interconnection and authorisation ("Telecoms Package" [amend. Directives 2002/19/EC to 2002/21/EC&#93;)

ITRE Committee, rapporteur Catherine TRAUTMANN


 * Amendments 1-85 (rapporteur's draft report)
 * Amendments 86-202
 * Amendments 203-317
 * Amendments 318-459
 * Amendments 460-602
 * Amendments 603-716
 * Amendments 717-830


 * Vote in committee: 07/07/2008 19:00 h. Strasbourg SDM-S1

Amendments potentially dangerous
The amendments listed below include the terms lawful, filter, copyright or intellectual property, it should be checked if they actually introduce three strikes approach.

Amendment 308

 * Dominique VLASTO, Ruth HIERONYMI, Ivo BELET: Article 1 – point 8 – point e a (new) amending Directive 2002/21/EC Article 8 – paragraph 4 – point ga (new)

(ea) In paragraph 4, point is added: "(ga) ensuring that undertakings providing electronic communications services and networks cooperate with the sectors concerned in relation to the protection and promotion of lawful content on electronic communications services and networks".

Amendment 122

 * Dominique VLASTO, Ivo BELET: Recital 15 a (new)

(15a) Member States should encourage stakeholders to enter into cooperation arrangements to enable online services to run smoothly '''and to make for a high level of user confidence. In particular,''' electronic communications network and/or service providers and other stakeholders should be encouraged to work together to promote lawful '''content and protect content online. Cooperation of this kind,''' extending beyond the regulatory framework without undermining it, could take the practical form of, for example, codes of conduct drawn up by, after being negotiated and approved among, the parties '''concerned. Such codes are already provided for in principle in many''' Community instruments, including for instance the Directive on electronic commerce (Directive 2000/31/EC, Article 16), the Directive on the enforcement of intellectual property rights (Directive 2004/48/EC, Article 17), and the Directive on the protection of '''personal data (Directive 95/46/EC, Article 27). Cooperation among''' stakeholders along such lines is essential in order to promote online content, and European cultural content in particular, and to unleash the potential of the information society.

Amendments potentially good
The amendments listed below correct Commission's text which included the expression lawful, filter, copyright or intellectual property, it should be checked if they actually protect from three strikes approach.

Amendment 278

 * Lambert: Annex I – point 3 – point g amending Directive 2002/20/EC Annex I – Part A – point 19

19. Compliance with national measures implementing Directive 2001/29/EC of the European Parliament and of the Council and Directive 2004/48/EC of the European Parliament and of the Council.

COD/2007/0248
Electronic communications: universal service, users' rights relating to networks and services, processing of personal data, protection of privacy, consumer protection cooperation ("Telecoms Package" [amend. Directives 2002/22/EC, 2002/58/EC and Regulation (EC) No 2006/2004&#93;)

IMCO Committee, rapporteur Malcolm HARBOUR


 * Amendments 1-60 (rapporteur's draft report)
 * Amendments 61-292


 * Vote in committee: 07/07/2008 19:00 h. Strasbourg LOW N 1.3

Amendments potentially dangerous
The amendments listed below include the terms lawful, filter, copyright or intellectual property, it should be checked if they actually introduce three strikes approach.

Amendment 18

 * Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 1 – point (b)

(b) services provided, including in particular: - whether access to emergency services is included in the  services subscribed to, - information on any limitations imposed by the provider  regarding a subscriber's ability to access or distribute  lawful content or run lawful applications and services, - information on inclusion of subscriber information in  directories, - the service quality levels and types of maintenance services  offered, - the time for the initial connection, and - any limitations on the use of terminal equipment imposed  by the provider;

Amendment 23

 * Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 1 – point a (new)

The contract shall also include any information on legally permissible uses of electronic communications networks and on means of protection against risks to privacy and personal data referred to in Article 21(4a) and relevant to the service provided.

Amendment 31

 * Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 4

4. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing '''connection to a public electronic communications network and/or''' electronic communications services to: (a) provide applicable tariff information to subscribers prior to connecting to any number or service subject to particular pricing conditions for that number or service; (b) regularly inform subscribers of any lack of access to emergency services in the service they have subscribed to; (c) inform subscribers of any change to any limitations imposed by the undertaking on their ability to access or distribute lawful content or run lawful applications and services of their choice; (d) inform subscribers of their right to be included in a directory; and (e) regularly inform disabled subscribers of details of current products and services aimed at them.

Amendment 32

 * Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 4 a (new)

'''4a. Member States shall ensure that national regulatory''' authorities are able to oblige the undertakings referred to in paragraph 4 to distribute information provided by them to existing and new subscribers, with respect to subscribers': (a) legally permissible usage of electronic communications services, including respect for protection of copyright and related rights; and (b) means of protection against risks to privacy and personal '''data in using electronic communications services. Any''' additional costs incurred by an undertaking in complying with these obligations shall be reimbursed by the national regulatory authority.

Amendment 37

 * Malcolm HARBOUR: Article 1 – point 13 – point b amending Directive 2002/22/EC Article 22 – paragraph 3

3. In order to prevent degradation of service and slowing of traffic over networks, and to ensure that users’ ability to access or distribute lawful content or to run lawful applications and services of their choice is not unreasonably restricted, national regulatory authorities may adopt minimum quality of service requirements. A national regulatory authority may consider a limitation imposed by the operator on users' ability to access or distribute lawful content or to run lawful applications and services of their choice as unreasonable if it discriminates according to source, destination, content, or type of application and is not duly justified by the operator.

Amendment 146

 * Arlene McCARTHY: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 2 – subparagraph 1 – point (h)

(h) the action that might be taken by the undertaking providing connection and/or services in reaction to security or integrity incidents or threats and vulnerabilities or the use of the service to commit unlawful activities.

Amendment 158

 * Maria MATSOUKA: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5

5. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of a contract and regularly thereafter of any limitations imposed by the provider on their ability to access or distribute lawful content or run any lawful applications and services of their choice. The national regulatory authorities must ensure that any limits imposed by providers on the scope for subscribers to have access to or distribute legal content is legally justified and does not lead to discrimination.

Amendment 160

 * Cristian Silviu BUŞOI: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5

5. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services offering a connection to a public communications network, subscribers are clearly informed in advance of the conclusion of a contract and regularly thereafter of any limitations imposed by the provider on their ability to access or distribute lawful content or to access or use any lawful applications and services of their choice.

Amendment 160

 * Šarūnas BIRUTIS: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5

5. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of a contract and in case of any change of any limitations explicitly imposed by the provider on their ability to access or distribute lawful content or run any lawful applications and services of their choice.

Amendment 169

 * Jacques TOUBON: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6

6. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of the contract and regularly thereafter of their obligations to respect copyright and related rights. Without prejudice to Directive 2000/31/EC on electronic commerce, this includes the obligation to inform subscribers of the most common acts of infringements and their legal consequences in a clear, comprehensive and easily accessible form.

Amendment 171

 * Arlene McCARTHY: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6 b (new)

'''6b. Member States shall ensure that where contracts are''' concluded between subscribers and undertakings providing electronic communications services and/or networks, those contracts provide for contractual sanctions to be applied and enforced against subscribers who misuse their connection to carry out unlawful and harmful activities.

Amendment 173

 * Cristian Silviu BUŞOI: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6 d (new)

'''6d. Member States shall ensure that subscriber contracts''' provide for a system of warnings and sanctions to be enforced against the subscriber if his connection is used for unlawful purposes.

Amendment 191

 * Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 4a (new)

'''4a. Member States shall ensure that national regulatory''' authorities oblige the undertakings referred to in paragraph 4 to distribute public interest information to existing and new '''subscribers. Such information shall be produced by the relevant''' public authorities in a standardised format and may inter alia cover the following topics: (a) legally impermissible usage of electronic communications services, including infringement of copyright and related rights; (b) the most common legally impermissible uses of electronic communications services, including copyright infringement, and their consequences; and (c) means of protection against risks to personal security, privacy and personal data in using electronic communications services. Any additional costs incurred by an undertaking in complying with these obligations shall be reimbursed by the national regulatory authority.

Amendment 192

 * Bernadette VERGNAUD: Article 1 – point 12 amending Directive 2002/22/EC Article 21 – paragraph 5

5. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing electronic communications services and/or networks to provide information required in accordance with Article 20(5) and (6) to customers on a regular basis and in a clear, comprehensive and easily accessible form. National regulatory authorities shall ensure in particular that undertakings providing electronic communications services and/or networks provide regular information to their subscribers on: (a) the unlawful use of electronic communications services, particularly where it may prejudice respect for the rights and freedoms of others, and (b) the means of protection and limitations concerning personal data and privacy in the use of electronic communications services.

Amendment 196

 * Malcolm HARBOUR: Article 1 – point 13 – point b amending Directive 2002/22/EC Article 22 – paragraph 3

3. In order to prevent anti-competitive blocking, degradation of service and slowing of traffic over networks, and to ensure that the ability of users to access or distribute lawful content or to run lawful applications and services of their choice is not unreasonably restricted, national regulatory authorities may issue guidelines setting minimum quality of service requirements. National regulatory authorities may consider a restriction to be unreasonable if it is based on source, destination, content, or type of application, and if it cannot be rendered ineffective by transparency requirements imposed pursuant to Article 21(4)(c) and competition law '''remedies. The Commission may, having examined such guidelines''' and consulted [xxx], adopt technical implementing measures concerning minimum quality of service requirements. These measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2).

Amendment 200

 * Bill NEWTON DUNN: Article 1 – point 13 – point b amending Directive 2002/22/EC Article 22 – paragraph 3

3. In order to prevent degradation of service and slowing of traffic over networks, and to ensure that users’ ability to access or distribute lawful content or to run lawful applications and services of their choice is not unreasonably restricted, national regulatory authorities may adopt minimum quality of service requirements. National regulatory authorities may consider a limitation imposed by the operator on users' ability to access or distribute lawful content or to run lawful applications and services of their choice as reasonable when it addresses congestion and capacity constraints and is duly justified by the operator.

Amendment 233

 * Arlene McCARTHY: Article 1 – point 16 amending Directive 2002/22/EC Article 28 – paragraph 1 – subparagraph 2

National regulatory authorities shall be able to block on a case-by-case basis access to numbers or services where this is justified by reasons of unlawful and harmful activity or misuse.

Amendment 278

 * Bernadette VERGNAUD: Annex I – Part B – point b b (new) amending Directive 2002/22/EC Annex I – Part B – point b b (new)

(bb) Protection software Member States shall ensure that national regulatory authorities are able to require operators to make available free of charge to their subscribers reliable and easy-to-use protection and/or filtering software to control access by children or vulnerable people to unlawful or dangerous content.

Amendment 4

 * Malcolm HARBOUR: Recital 14

(14) A competitive market should ensure that end-users are able to access and distribute any lawful content and to use any lawful applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content or applications is not unreasonably restricted. National regulatory authorities should be able to take action under Directive 2002/22/EC in case restrictions are unreasonably imposed in circumstances other '''than a lack of effective competition. Management of networks,''' for example in order to address congestion and capacity constraints and to enable new services, should not per se be considered as examples of an unreasonable restriction.

Amendment 69

 * Cristian Silviu BUŞOI: Recital 14

(14) A competitive market should ensure that end-users are able to access and distribute any lawful content and to use any lawful applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to content, services or applications is not unreasonably restricted in a way which is a de facto limitation of consumer choice of services available in the online marketplace. National regulatory authorities must act in a timely manner that is compatible with the needs of their national market to ensure transparency and non-discrimination in access to services and applications over public communications networks.

Amendment 70

 * Malcolm HARBOUR: Recital 14

(14) A competitive market should ensure that end-users are able to access and distribute any lawful content and to use any lawful applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content or applications is not unreasonably restricted. It should also be possible to take action under Directive 2002/22/EC in case restrictions are '''unreasonably imposed. Management of networks in order to''' address congestion and capacity constraints and to enable new services should not per se be considered an example of an unreasonable restriction, and due account should be taken of the right of network and service operators to diversify their '''offerings in a competitive market. Since inconsistent remedies''' will significantly impair the achievement of the internal market, national regulatory authorities should initially set guidelines for operators to overcome any identified problems. The Commission should assess these guidelines as a basis for regulatory intervention to give effect to the guidelines across the Community.

Amendment 71

 * Bill NEWTON DUNN: Recital 14

(14) A competitive market should ensure that end-users are able to access and distribute any lawful content and to use any lawful applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content or applications is not unreasonably restricted. National regulatory authorities should be able to take action under Directive 2002/22/EC in case restrictions are unreasonably imposed in circumstances other '''than a lack of effective competition. Management of networks, for''' example in order to address congestion and capacity constraints and to enable new services, should never be considered an example of an unreasonable restriction.

Amendment 72

 * AndreBrie, Marco RIZZO: Recital 14

(14) A competitive market should ensure that end-users are able to access and distribute any lawful content and to use any lawful applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content or applications is not unreasonably restricted. National regulatory authorities should be able to take action under Directive 2002/22/EC in case restrictions are unreasonably imposed in circumstances other '''than a lack of effective competition. Management of networks,''' in order to address congestion and capacity constraints, should not per se be considered an example of an unreasonable restriction.

Amendment 73

 * Stefano ZAPPALA': Recital 14

(14) A competitive market should ensure that end-users are able to access and distribute any lawful content and to use any lawful applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content, services or applications is not unreasonably restricted and, for instance, that unreasonable wholesale access terms be addressed.

Amendment 104

 * Jacques TOUBON: Recital 37 a (new)

(37a) It should be remembered regarding this Directive that recital 3 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, points out that, without effective means of enforcing intellectual property rights, innovation and creativity are discouraged and investment '''diminished. It is therefore necessary to ensure that the''' substantive law on intellectual property, which is nowadays largely part of the acquis communautaire, is applied '''effectively in the Community. In this respect, the means of''' enforcing intellectual property rights are of paramount importance for the success of the internal market.

Amendments potentially good
The amendments listed below correct Commission's text which included the expression lawful, filter, copyright or intelectual property, it should be checked if they actually protect from three strikes approach.

Amendment 26

 * Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5

5. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of a contract and regularly thereafter of any limitations imposed by the provider on their ability to access or distribute lawful content or run any lawful applications and services of their choice.

Amendment 27

 * Malcolm HARBOUR: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6

6. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of the contract and regularly thereafter of their obligations to respect copyright and related rights. Without prejudice to Directive 2000/31/EC on electronic commerce, this includes the obligation to inform subscribers of the most common acts of infringements and their legal consequences.

Amendment 161

 * Othmar KARAS: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 5

5. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of a contract and regularly thereafter of any limitations imposed by the provider on their ability to access or distribute lawful content or run any lawful applications and services of their choice.

Amendment 164

 * Zuzana ROITHOVÁ: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6

6. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of the contract and regularly thereafter of their obligations to respect copyright and related rights. Without prejudice to Directive 2000/31/EC on electronic commerce, this includes the obligation to inform subscribers of the most common acts of infringements and their legal consequences.

Amendment 165

 * Bill NEWTON DUNN: Article 1 – point 12 amending Directive 2002/22/EC Article 20 – paragraph 6

6. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of the contract and regularly thereafter of their obligations to respect copyright and related rights. Without prejudice to Directive 2000/31/EC on electronic commerce, this includes the obligation to inform subscribers of the most common acts of infringements and their legal consequences.

Amendment 235

 * Zuzana ROITHOVÁ: Article 1 – point 16 amending Directive 2002/22/EC Article 28 – paragraph 2

2. In order to ensure that end users have effective access to numbers and services in the Community, the Commission may, having consulted the Authority, adopt technical implementing measures. These measures designed to amend nonessential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).

Amendment 285

 * Maria MATSOUKA: Article 2 – point 4 amending Directive 2002/58/EC Article 5 – paragraph 3

3. Member States shall ensure that the storing of information, or gaining access to information already stored, in the terminal equipment of a subscriber or user is prohibited unless the subscriber has given explicit acknowledgement that clear, easily accessible and comprehensive information has been''' provided in accordance with Directive 95/46/EC, inter alia about the purposes of the processing and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user. Standard clauses allowing such access or storage shall be considered unlawful under the terms of Directive 93/13/EEC.

COD/2007/0249 EECMA
Creation of the European Electronic Communications Market Authority ("Telecoms Package")

ITRE Committee, rapporteur Pilar del CASTILLO VERA


 * Amendments 1-132 (rapporteur's draft report)
 * Amendments 133-249


 * Vote in committee: 07/07/2008 19:00 h. Strasbourg

This last directive of the Telecoms Package hopefully does not address three strikes approach. However, please support the Hammerstein amendments.