Update 22 Nov 2009: European Parliament – presentation of Trautmann Report on 23 Nov 2009 and vote is scheduled for 24 Nov 2009.
At 0:45h in the night of 4 to 5 Nov 2009, the conciliation committee reached agreement on the wording to be inserted as Article 1(3)a of the new Framework Directive.
This addresses a key hurdle to the completion of the Telecoms Package, although the revised Framework Directive still has to be voted (for the third time) in the European Parliament (in the session of 23-26 Nov 2009) and still has to be adopted by the Council. Expectations are that these two steps will occur within the next 6 weeks.
A European Commission Press release, containing the new agreed wording for Article 1(3)a of the Framework Directive (Annex I of the press release), further elements, background material, etc. can be accessed by clicking here.
The agreed wording for Article 1(3)a is as follows:
“Measures taken by Member States regarding end-users’ access to or use of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law.
Any of these measures regarding end-users’ access to or use of services and applications through electronic communications networks liable to restrict those fundamental rights or freedoms may only be imposed if they are appropriate, proportionate and necessary within a democratic society, and their implementation shall be subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law, including effective judicial review and due process. Accordingly, these measures may only be taken with due respect for the principle of presumption of innocence and the right to privacy. A prior fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms . The right to an effective and timely judicial review shall be guaranteed.”