A user's internet access may be restricted, if necessary and proportionate, only after a fair and impartial procedure including the user's right to be heard. MEPs and Council representatives agreed in negotiations on Wednesday night on this, the last open issue in the telecoms package. The Parliamnent's third-reading vote is scheduled for 23-26 November

Parliament and Council had already agreed in May that internet is essential for the exercise of fundamental rights such as the right to education, freedom of expression and access to information. So MEPs insisted in the conciliation meeting on establishing adequate procedural safeguards for internet access, in line with the European Convention for the Protection of Human Rights and Fundamental Freedoms guaranteeing effective judicial protection and due process.

Parliament insists on adequate safeguards for internet access

Restrictions on a user's internet access may "only be imposed if they are appropriate, proportionate and necessary within a democratic society", agreed MEPs and Council representatives. Such measures may be taken only "with due respect for the principle of presumption of innocence and the right to privacy" and as a result of "a prior, fair and impartial procedure" guaranteeing "the right to be heard (...) and the right to an effective and timely judicial review", says the compromise text on the electronic communications framework directive.

In future, internet users may refer to these provisions in court proceedings against a decision of a Member State to cut off their internet access. Parliament's delegation for conciliation, which was constituted in September, approved the joint text unanimously. The compromise still has to be approved by the full Parliament and Council.

Protecting internet users' fundamental rights

Neither the Commission's original proposal nor the Council's common position included safeguards against unduly restricting a user's internet access. However, Parliament twice adopted an amendment requiring national regulatory authorities to promote the interests of EU citizens. The Council twice rejected this amendment, thus initiating the third and last stage of the EU legislative process, known as conciliation.

If Parliament or the Council do not approve the joint text at third reading, the electronic communications framework directive is deemed not adopted. In this case, the co-decision procedure can be restarted only by a new legislative proposal from the Commission.

Background: Improved consumer rights and cooperation of national regulators

At their vote in Plenary Session on May 6th 2009, MEPs amended a political agreement reached with the Council on the reform of the regulatory framework for electronic communications. The Telecom package includes the revision of the electronic communications framework, the citizens' rights directive and the establishment of a new European body of telecom regulators called BEREC.

Next steps

Parliament's third-reading vote is scheduled for 23-26 November. In their third and last readings of the electronic communications framework directive both Parliament and Council may only approve or reject the joint text as a whole without any further amendments: Parliament needs a simple majority of votes cast, whereas the Council decides by qualified majority.