European ministers are pushing for new laws which would “permit every imaginable breach of net neutrality”, internet freedom campaigners have warned.

Days after the US voted to protect an open internet where all traffic is considered equal, proposals agreed by European telecoms ministers of 28 members states could allow a two–speed internet, where companies such as YouTube or Netflix could legally pay mobile networks or broadband providers for faster, more reliable delivery of their content – potentially to the detriment of other internet users.

Campaigners warn the move could stifle online innovation and undermine the digital economy.

The proposals also water down draft laws on mobile roaming. Instead of letting travellers within Europe make calls, send text messages or browse the web from their phones for the same price they pay at home, ministers want a cap on low-cost usage with operators able to charge more once the cap is exceeded.

The text by the European Council of Ministers does not specify the cap levels, which would be for a transitional period, but it is understood some parties have proposed no more than token allowances: seven days of roaming per year, to include only five minutes of voice calls, five text messages and 5MB of data per day.

On Wednesday, the council agreed its text on net neutrality and roaming, a first stage in producing a directive for a European single market for electronic communications, which is scheduled to come into effect from 30 June next year. The text has not been formally published, but copies have begun circulating online.

Ministers say they are bent on “safeguarding access to open internet”. But their text states “quality of service” agreements should be allowed for:

End users, including providers of content, applications and services

services with a public interest

new services such as machine-to-machine communications

Telecoms companies have argued that future technologies such as self-driving cars, remote heart monitors and smart gas meters should be given priority over other web traffic to ensure safety. There may also be an argument to allow priority for specific public services, such government websites or even the BBC.

But the clause campaigners are most concerned about could open the door to private companies paying for faster online delivery. Such a move could make it harder for new services to attract users and grow. The text states: “End users, including providers of content, applications and services, should therefore remain free to conclude agreements with providers of electronic communications to the public, which require specific levels of quality of service.”

In an attempt to build in safeguards, ministers also propose that national regulators should assess whether the negative impact on other websites, apps and services is “material” by analysing latency, jitter, degrading of images or sounds, congestion, actual versus advertised speeds and the quality perceived by customers.

In a press release on Wednesday, the council stated it “now has a mandate to start negotiations with the European parliament on new rules to cut mobile phone roaming fees and safeguard open internet access.” The laws must be agreed with European commissioners and MEPs before being put to the vote.

The council’s text “claims to aim to defend the open internet, but would, in fact, permit every imaginable breach of net neutrality,” said Joe McNamee, executive director of the campaign group European Digital Rights (EDRi).

“The reason the internet is successful is it allows everyone to communicate on an equal basis. If you establish fast lanes then you are removing the characteristic of the internet that makes it such a success for freedom of communication. If YouTube pays for the fast access and a start-up in a garage can’t afford to, then the incentives to innovate are decimated.”

Ministers also want powers for broadband providers to block, slowdown, degrade or alter internet traffic in certain situations, for example to counter cyber attacks by hackers, or to avoid network congestion. They should also be able to block websites if ordered to do so by “national measures of general application, court orders, decisions of public authorities vested with relevant powers, or other measures ensuring compliance with such legislation”.

Access, which also campaigns for net neutrality, has described the council’s proposals as “a wolf in sheep’s clothing”, saying: “Net neutrality has now been gutted everywhere in the text that was introduced by the council today. Not only does the proposal enable the creation of slow and fast lanes by allowing paid prioritisation and discriminatory practices ... but the proposal also introduces loopholes that could authorise the blocking by internet service providers of legal content.”

Measures to create a digital single market were first put forward by the European Parliament last April. They sought to protect net neutrality, and also eliminate the extra charges imposed on travellers using their phone while travelling in Europe.

After heavy lobbying by mobile networks, the council, which represents national governments, is also pushing for a watered-down version of the roaming rules. They want a transitional period, during which there would be caps on how much airtime customers could get without having to pay extra.

If an agreement can be reached by early summer, it will be put to the vote. If the legislation passes, it will become directly applicable in all EU member states.