2002/19/EC/THIRD READING TARGET/Amendments
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Contents |
Amendment 1
The following shall be deleted:
including when they are used for the delivery of information society services or broadcast content services
Justification:
The scope of the Access Directive as defined in Article 1 does not allow for references to end-user access (see Article 1.2). In order to ensure a clear boundary of the scope of the directive is preserved, a reference to the use of information society services or broadcast content services should be deleted.
Amendment 2
The following shall be deleted:
including any conditions limiting access to and/or use of services and applications where such conditions are allowed by Member States in conformity with Community law
The following shall be inserted:
network management,
Justification:
Article 9 in this directive aims to ensure a sustainable competitive market, so that operators with significant market power cannot abuse their dominant position. Recent cases of blocking already present risks to services, content and applications in competition with those provided by network communication providers or their affiliates. Such risks must be mitigated by notably obliging operators to disclose information about network management practices to ensure a sustainable competitive market for electronic communication providers.
Additionally, the current language referring to conditions limiting access to and/or use of services and applications implies that the operator has a right to limit access to and/or use of services and applications. In the context of ensuring a sustainable competitive market, this language does not fall within the purpose of this provision and therefore should be replaced with a reference to network management, which is neutral in this respect.
Finally, the amendment corrects an introduced internal contradiction of the 2nd reading where Article 5 point 1 was amended with the paragraph (ab) in justified cases and to the extent that is necessary, the obligations on undertakings that control access to end-users to make their services interoperable; which cannot be reconciled with the policy implied in the phrase conditions limiting access to and/or use of services and applications.
Amendment 3
The following shall be added:
without prejudice to the protection of end-users' right to privacy and protection of personal data as provided by Community law.
Justification:
It should be made sure that access to identity, location and presence services does not compromise citizens' right to privacy and protection of personal data.
