Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's Common Position regarding the Proposal for a Directive of the European Parliament and of the Council amending Directives 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2009-07-29
Institutions: European Commission
Subjects: EC opinion, Internet, disclosure of information, electronic mail, personal data, protection of privacy, telecommunications

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.7.2009 
COM(2009) 421 final 

2007/0248 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's Common Position regarding the 
Proposal for  

a Directive of the European Parliament and of the Council amending Directives 
2002/22/EC on universal service and users’ rights relating to electronic communications 
networks and services and 2002/58/EC concerning the processing of personal data and 
the protection of privacy in the electronic communications sector and Regulation (EC) 
No 2006/2004 on cooperation between national authorities responsible for the 
enforcement of consumer protection laws 

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the 
EC Treaty 

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2007/0248 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's Common Position regarding the 
Proposal for  

a Directive of the European Parliament and of the Council amending Directives 
2002/22/EC on universal service and users’ rights relating to electronic communications 
networks and services and 2002/58/EC concerning the processing of personal data and 
the protection of privacy in the electronic communications sector and Regulation (EC) 
No 2006/2004 on cooperation between national authorities responsible for the 
enforcement of consumer protection laws 

1. 

BACKGROUND 

Procedure 

The  Commission  adopted  its  proposal  for  a  Directive  COM(2007) 698  –  2007/0248  (COD) 
(‘Citizens’  Rights  Directive’)  on  13 November  2007  and  submitted  it  to  the  European 
Parliament and to the Council on 15 November 2007 for adoption by co-decision procedure as 
laid down in Article 251 of the EC Treaty. 

The Economic and Social Committee gave its opinion on 29 May 2008. The Committee of the 
Regions adopted its opinion on 19 June 2008. 

On  6  November  2008  the  Commission  adopted,  in  accordance  with  Article 250  of  the  EC 
Treaty,  its  amended  proposal1  incorporating  in  whole  or  in  part  many  of  the  amendments 
voted by the European Parliament in its first reading on 24 September 2008. 

The Council, in accordance with Article 251 of the EC Treaty, adopted its common position 
on the proposal on 16 February 20092. 

The Commission adopted its Communication on the common position of the Council on 17 
February 20093. 

The European Parliament adopted its position in second reading on 6 May 2009. 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

The  aim  of  the  Commission’s  proposal  is  to  adjust  the  regulatory  framework  for 
e-communications, as regards the Universal Service Directive4 and the Directive on privacy 

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COM(2008723 final. 
OJ C 103E, 5.5.2009, p. 40. 
COM(2009) 78 final. 

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and electronic communications5, to strengthen certain consumer and user rights and to ensure 
that electronic communications are trustworthy, secure and reliable and that in providing them 
a high level of protection for individuals’ privacy and personal data is ensured. 

3. 

COMMISSION COMMENTS 

3.1. 

General 

At  its  Plenary  Session  of  6  May  2009,  the  European  Parliament  adopted  a  number  of 
amendments  negotiated  with  the  Council  to  the  Council's  common  position  with  a  view  to 
securing adoption in second reading. These amendments concern essentially: 

–  Adaptation  of  universal  service  to  market  and  technological  developments,  including 
allowing Member States to upgrade universal service obligations to broadband services; 

–  Strengthened  access  to  e-communications  for  disabled  people,  in  particular  via  the 
inclusion  of  terminal  equipment  in  the  scope  of  the  Directive;  increased  access  to  and 
choice of services for the disabled, strengthened right to emergency services in the EU; 

–  Improved contract conditions and greater information to consumers on services, including 
increased comparability of prices and greater power to the NRAs on tariff information for 
consumers. 

–  Information to users on the most common uses of e-communications services to engage in 

unlawful activities or to disseminate harmful content; 

–  Strengthened  provisions  on  access  to  emergency  services,  including  inter  alia  a  stronger 
obligation  to  pass  caller  location  information  to  the  emergency  authorities,  improved 
citizens  awareness  of  '112'  number;  and  introduction  of  comitology  powers  for  the 
Commission on access to '112' services; 

–  Facilitating citizens' access to 116 services, and comitology powers for the Commission to 

ensure the effective implementation of 116 numbering ranges; 

–  Facilitation  of  change  of  provider,  including  a  time  limit  for  number  activation  after 
porting;  reinforcement  of  NRAs'  powers  to  monitor  and  enforce  porting;  creation  of 
comitology powers for the modernisation of porting obligations; 

–  Strengthened obligation for Member States to review 'must carry' obligations; 

–  Modernisation  and  updating  of  legislation  to  technology  and  market  developments, 
streamlining of the provisions of the Directive (eg deletion of outdated obligations, etc.). 

–  Measures to be taken by providers in order to safeguard the security of their services; 

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Directive  2002/22/EC  of  the  European  Parliament  and  of  the  Council  of  7  March  2002  on  universal 
service  and  users’  rights  relating  to  electronic  communications  networks  and  services  (OJ  L  108, 
24.4.2002, p. 51). 
Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the 
processing of personal data and the protection of privacy in the electronic communications sector (OJ L 
201, 31.7.2002, p. 37). 

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–  Obligation for providers of electronic communications services to notify security breaches 
affecting  personal  data  to  authorities  and  (in  some  cases)  to  subscribers  or  individuals 
concerned and introduction of comitology powers for the Commission on the modalities of 
breach notifications; 

–  Strengthened  provisions  on  protection  against  spyware  and  placing  of  cookies  on  users' 

devices. 

The  Commission  accepts  the  European  Parliament's  amendments  as  being  in  line  with  the 
overall purpose and the general characteristics of the proposal. 

3.2. 

Amended Proposals 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its Proposal in line with 
the amendments voted by the European Parliament at its plenary session on 6 May 2009. 

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