After requesting information on a topical issue, and thanks to the work of translation and documentation of the Secretary General of the Young Socialists in Europe, Beatriz Talegón , I We offer this literal text.
Given the current interest you have, then I will not comment.
Last night (0:45), after intense negotiations by the European Commission, Parliament and the Council of Ministers has reached an agreement on the reform of telecommunications in the EU. The reform proposed by the Commission in November 2007 (IP/07/1677), significantly improves competition and consumer rights in the European telecommunications markets, provides Internet connections to broadband for all and create a Board of Regulators European electronic communications to complete the single market for telecommunications networks and services. After
approval of the reform package by an overwhelming majority in Parliament in May this year (MEMO/09/219), only one point was still under dispute between Parliament and the Council: the extent to which Internet access can and must be protected by law and judicial process and the "sailors." After discussions at a conciliation commission composed of representatives of 27 Member States and an equal number of representatives of Parliament, the negotiators of the European Parliament, Council and Commission agreed Tuesday night - unanimously - a new provision on Internet freedom (see Annex 1), which will strengthen significantly the rights of Internet users. This new provision will be accompanied by further steps to reinforce the neutrality of the Internet in Europe. After the final vote in Parliament and the Council in November, these reforms could take effect in early 2010. The EU countries have, then, 18 months to transpose the new provisions into national legislation.
Mrs. Viviane Reding, European Commissioner for Telecommunications, has been active in the final negotiations, and welcomed the agreement reached between Parliament and the Council: "The negotiators of the Parliament and the Council have made an agreement for new provision on freedom of the Internet, and integrate the reforms agreed in the telecoms package, is great news for Europeans. This provision has no precedent in the world and certainly shows that the EU takes very seriously the human rights, especially when it comes to the information society. The agreement on the new provision on the freedom of the Internet, which received the unanimous support of all the negotiators, opens the way for the speedy implementation of the reform of telecommunications. This reform will significantly strengthen consumer rights, expand the choice of the latter in the European telecommunications markets and establish new guarantees for openness and net neutrality. It will promote competition and investment in telecommunications markets and offer broadband to all Europeans. I would like to thank the European Parliament and the chief negotiators and the Council of Ministers and the Swedish Presidency for their efforts. Together, they have ensured that the European telecommunications market becomes more competitive for the consumer, telecom operators and their customers. "
Here are the 12 key measures of the reform package of telecommunications, just adopted :
1. The right of European consumers to switch carriers or fixed moving within one business day, keeping your old number. In the EU, the change of operator is now an average of 8.5 days for a mobile phone number and 7.5 days for a fixed number, some consumers must often wait two to three weeks (MEMO/09 / 126 .) In the future, this may be done in 1 business day. In addition, under the new rules, the initial term of a contract with an operator may not exceed 24 months. Also, operators must offer their customers the possibility to conclude a contract for a maximum of 12 months.
2. Better consumer information. Under the new regulation of telecommunications, consumer receive information that enables better understanding of the subscription services, and especially what can or can not do. The contracts should, among other things, provide information on minimum quality levels of service and on compensation and reimbursement if these levels are not reached, indicating the potential for inclusion in telephone directories available to subscribers, and include clear information the criteria for receiving promotional offers.
3. The rights of citizens in relation to access to the Internet protected by a new provision on the freedom of the Internet (full text, see Annex 1). Following the request Urgent European Parliament and after lengthy negotiations, the new telecommunications regulations now explicitly states that any action taken by a Member State for access to services and applications and use of telecommunications networks must respect the rights and freedoms of citizens guaranteed by the European Convention on Human Rights and Fundamental Freedoms and the general principles of Community law.
These measures should also be appropriate, proportionate and necessary in a democratic society. In particular, they must respect the presumption of innocence and the right to privacy. For any action by a Member State for access to the Internet (for example: To combat child pornography and other illegal activities), EU residents are entitled to a fair and impartial even to be heard and effective judicial review.
Ms. Reding said on this subject: "The new provision on freedom of the Internet represents a great victory for the rights and freedoms of Europeans. Moreover, the debate between Parliament and the Council has shown that we find new, more modern and more efficient, protect intellectual property and artistic creation in Europe. The promotion of legal tender, including transnational corporations, should be a priority for politicians. The "law of three shots," that could deny access to the Internet without a fair and impartial, not going to find their place in European law. "
4. New guarantees for more open and neutral Internet. The new telecommunications regulations to ensure consumers Europeans with an increasingly wide choice among competing providers of broadband services. The Internet service providers have at their disposal powerful tools that enable them to distinguish between different modes of transmission of data over the Internet, such as communication Voice or "put put". If traffic management allows the creation of high quality services (Like IPTV) and helps ensure the security of communications, the same techniques can also be used to reduce the quality of other services to unacceptable levels, or strengthen dominant positions on the market. Therefore, under the new European regulation, national regulatory authorities are empowered to set minimum quality standards for network communications services, to promote the "net neutrality" and "Internet freedom "for Europeans. And thanks to the new requirements of transparency, consumers should be informed - before signing a contract - the kind of service to which they subscribe, including management techniques traffic and its impact on quality of service and other restrictions (eg, capacity or speed of connection available bandwidth).
Yesterday afternoon, the Commission also undertook to exercise strict control over net neutrality and use their existing skills and new tools available in the package of reforms on the situation concerning the European Parliament and the Council of Ministers . "Following regulatory reform, the Commission will be the first line of defense for Europe in terms of net neutrality," said Ms Reding.
5. The protection of consumers' personal data and against unwanted email (spam). Respect the privacy of Europeans is a priority of telecommunications regulations. The name, email address and bank details of customers of telecommunications providers and Internet, in particular, data from each phone call and an Internet session, should not be accidentally or deliberately held wrong (IP / 09/571). Operators must take the responsibility that goes along with the processing and storage. Therefore, the new regulations require mandatory notification of breaches of personal data - the first time in Europe.
In other words, communications providers are obliged to inform the authorities and their customers from security breaches of personal information. This provision encourages providers of communications networks and services to improve the protection of personal data of its customers.
Moreover, the rules concerning the protection of data privacy and strengthened, for example, on the use of cookies and similar devices. Customers are better informed about cookies and what happens to their personal data and is easier to exercise control over their personal information in practice. In addition, Internet service providers have the right to protect their businesses and their customers for lawsuits against spammers.
6. Better access to emergency services 112. With the new regulation will be easier to call emergency services by extending the terms of access to traditional telephony to new technologies, strengthening the obligation on operators to provide emergency services with information on the location of resources and public awareness about the European emergency number 112.
have also been strengthened provisions on access to telecommunications services for people with disabilities to enjoy the same features as other users, but other means. For the first time, the EU regulation on telecommunications includes a provision on the availability of terminal equipment to provide the services and functions necessary for the disabled.
7. The greater independence of national telecoms regulators. The new telecommunications legislation strengthens the independence of national regulators, subtracting its activities to political influence and the establishment of a protection against arbitrary dismissal of their leaders.
8. A new European agency to help ensure fair competition and greater consistency of regulation in telecommunications markets. The reform is intended to provide a very important tool for the single European market of telecommunications and thus providing a reality: the BEREC (European Electronic Communication Controllers), a new telecommunications authority to replace the EU cooperation in the "Group of Regulators Europe ", with a more transparent and more effective. BEREC decisions will be taken into account according to the following criteria: a simple majority when it comes to expressing an opinion in the context of analysis by the notifications of national authorities, a majority of two thirds in other cases. These decisions will be prepared by a board of supranational independent experts. BEREC also provides advice, support and complement the work of independent national regulators, especially when it comes to decisions of crime. The governments of the 27 Member States have yet to make a final decision on the location of BEREC.
9. A new law in the Commission on measures relating to competition in telecommunications markets. The new telecommunications regulations give the Commission the power to control the regulatory measures proposed by national authorities (for example, on the conditions of access to the network of a dominant player in completion rates fixed or mobile). The aim is to prevent incompatible standards in a distortion of competition within the Single Telecoms Market. The Commission, in close cooperation with the BEREC, said a draft measure notified by a national authority can be an obstacle to the single market and may make a recommendation requiring that the Authority amend or withdraw the measure proposed. The new legislation also authorizes the Commission to take further steps to harmonize the form of recommendations or decisions (binding) if they persist long-term differences in implementation in the EU.
10. Functional separation as a solution to the competition. Regulators National will have another way to force a last resort, telecom operators may separate communications networks to provide services. This new measure is advocated since 2007 by the European Commission and 27 national authorities. Functional separation can help to quickly increase market competition while preserving incentives for investment in new networks. Functional separation has been applied since January 2006 in the United Kingdom, where he broke the number of broadband connections (100 000 unbundled lines in December 2005 to 5.5 million, three years later.) The new EU rules on functional separation legal security in the country are moving to different levels deferens (Poland, Italy) and ensure the overall consistency of practice in the interests of the single market to competition and consumers.
11. Accelerating the diffusion of broadband for all Europeans. Today, in rural areas of the EU, only 70% of the population can access broadband internet (IP/09/343). The reform will help reduce the digital divide through better spectrum management and implementation of spectrum to offer wireless broadband effective in areas where the construction of a new fiber infrastructure is too expensive and allow Member States to extend its provisions on universal service beyond Internet access speeds.
The emphasis of the reform is especially much more flexibility to use spectrum in terms of technology and services, allowing operators to easily create more innovative services and technologies. This flexibility will provide significant economic benefits and can lead to annual GDP growth estimated at 0.1%. It will include the "digital dividend", ie the spectrum released by the transition from analog to digital television, contributing to economic recovery as also stressed in the recent Communication from the Commission on the transformation of the digital dividend in social benefits and economic growth (IP/09/1595).
On October 16, 2009, the Parliament and the Council had already adopted another important measure proposed by the Commission in parallel with negotiations on the reform package of telecommunications (IP/09/1545): Modernization Directive which should allow GSM operators to introduce new services, 3G first and then, using other innovative technologies in the frequency that was previously reserved exclusively for GSM services. This should save the industry from 1.6 million in estimated capital costs for a single European grid, and more quickly achieve full 3G coverage. GSM Directive revises promote adoption in the EU of 3G services, whose customers are estimated at more than 90 million users in December 2008. Over 20% of subscribers is currently in Italy, Austria, Sweden and the UK where the penetration of 3G services is higher.
12. Promote competition and investment in access networks of new generation. The new regulation provides security for investment in networks next-generation access (NGA). These networks, using new fiber optic technologies and wireless networks are replacing traditional copper wire, less effective, and allows connections to broadband Internet. The reform of telecommunications regulation reaffirms the importance of competition in this new sector and preserves incentives for investment, taking into account the risks inherent in access to networks and the NGA to conclude cooperation agreements between investors and operators seeking access to these networks. Thus, new regulations also provide telecom operators a fair return on investment. On the basis of the new rules, the Commission intends to publish the first half of 2010, given the results public consultations in 2008 and 2009 (IP/08/1370 and IP/09/909), a recommendation on regulating access to next generation networks. The rules governing the distribution of network elements such as pipes or cables inside buildings, between operators are also updated in the context of reform.
Fund package of telecommunications reforms in the EU has 5 directives (the Framework Directive, Access Directive, Authorisation Directive, Universal Service Directive "and the Directive on Privacy and Electronic Communications) and a new regulation establishing the "Body of European Regulators for electronic communications (OREC). And was associated with a directive amending the GSM Directive of 1987 to free up spectrum for 3G and other mobile services (IP/09/1545).
The amendment was adopted under the codecision procedure, which means you must be approved by the Members of Parliament (majority) and by national governments in the Council of Ministers (qualified majority). The procedure starts with the proposals of the Commission, which are then reviewed and modified by Parliament and the Council. If the Council does not approve all Parliament's amendments, be adopted at the second stage, where they set up a reconciliation committee charged with finding a compromise. The Conciliation Committee consists of 27 members of the Council or their representatives and an equal number of representatives of the European Parliament to form the European Parliament delegation.
Next steps:
Rate new provision on freedom of the Internet, between Parliament and the Council in plenary session of European Parliament and the Council of Ministers during the next 6 weeks (expected in late November).
Entry into force of the whole package of reforms of telecommunications, with its publication in the Official Journal of the European Union (early 2010).
Establishment of the Council of European Regulators communications electronic (Spring 2010). Transposition
package of telecommunications reforms in national legislation in all 27 EU Member States (May 2011). Annex 1
Supply The new free Internet
Article 1 (3) of the new Framework Directive
"The measures taken by Member States regarding the user access or use of services and applications through electronic communications networks must respect the fundamental rights and freedoms of individuals, ensuring the European Convention for the Protection of Human Rights and Fundamental Freedoms and the General Principles of Community law.
Any of these measures on the user access or use of services and applications via electronic communications networks which can restrict fundamental rights or freedoms may only be imposed if appropriate, proportionate and necessary in a democratic, and its implementation will be sufficient procedural safeguards, in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and the General Principles of Community law, including effective judicial protection and due process. Consequently, these measures may be taken only with due respect for the principle of presumption of innocence and the right to privacy. Will ensure a fair and impartial proceedings, including the right to be heard from the person or persons concerned, without prejudice to the need for conditions and provisions of the procedure in urgent cases duly justified in accordance with the European Convention for the Protection of Rights Human Rights and Fundamental Freedoms. The right to an effective and timely judicial review is guaranteed. "
The new single market: a procedure for market definition and assessment of results
significant market power proposed by national regulators
telecommunications (Article 7 of Framework Directive 2009)
The new single market assessment procedure
regulatory measures proposed by national telecoms regulators
(Article 7 bis of the Framework Directive, 2009)
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