37 Amendments of Carlos ZORRINHO related to 2023/0046(COD)
Amendment 64 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Digitalisation has a profound impact on the daily social, economic, political and cultural life of citizens, workers and consumers and concerns all areas of society. For this reason, limited access and insufficient network expansion can deepen social inequalities, thus creating a new digital divide, not only between well-connected urban areas and rural and remote areas, but also between those people who can fully benefit from an efficient and secure digital connectivity allowing them to access a wide range of services, and those who cannot do so. In this regard, the inclusion of social housing in the rolling-out of high capacity networks should be a relevant priority for public and private investment projects, as broadband connectivity is a key aspect for social inclusion.
Amendment 65 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) In order to close the Digital Divide across the Union, and in line with the EU Decision "Establishing the Digital decade policy programme 2030", investments in digital infrastructure should aim to ensure connectivity accessible and affordable to all and everywhere in the Union, with available internet access, with a particular focus on the divide between different geographical areas. In particular, by 2030, networks with gigabit speeds should become available to those who need or wish to have such capacity.
Amendment 66 #
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) Recalling that EU's rural areas are home to 137 million people, 30.6% of the EU's population, and cover about 83% of EU's land, adequate coverage of networks with gigabit speeds, digital capacity building and enabling environment for rural and remote areas' digital innovation, are key conditions for those areas to be able to benefit from the new opportunities that the digital transition. Such coverage could provide significant potential to improve people's lives and mitigate the negative impact of reduced connectivity, insularity and remoteness, by enabling the application of new technologies such as e-health, e- government and education services.
Amendment 85 #
Proposal for a regulation
Recital 9
Recital 9
(9) Measures aiming to make using public and private existing infrastructures more efficient and reduce costs and obstacles in carrying out new civil engineering works should contribute substantially to ensuring a fast and extensive deployment of very high capacity networks in all areas, including rural and remote areas. These measures should maintain effective competition without harming the safety, security and smooth operation of the existing infrastructure.
Amendment 88 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation aims to strengthen and harmonise rights and obligations applicable across the Union to accelerate the roll-out of very high capacity networks and cross-sector coordination. Due to the persistent fragmentation of electronic communications markets in individual national markets, undertakings providing or authorised to provide electronic communications networks are unable to achieve economies of scale. This can have a strong downstream effect on cross-border trade and services provision, since many services can only be provided where an adequately performant network is in place across the Union. While ensuring an improved level playing field, this Regulation does not prevent national measures in compliance with Union law that serve to promote the joint use of existing physical infrastructure or enable a more efficient and/or rapid deployment of new physical infrastructure by complementing the rights and obligations laid down in this Regulation. For example, Member States could extend provisions on civil works coordination also to privately funded projects or require that more information on physical infrastructure or planned civil works is provided to a single information point in electronic format, provided that they do not violate Union law including the provisions of this Regulation. On the same note, Member States could introduce stricter cost-oriented price obligations regarding the terms and conditions under which access requests should be met. Member States could also introduce supplementary permit exemptions or impose more stringent timeframes for granting or denying permits, provided that they do not violate Union law including the provisions of this Regulation.
Amendment 96 #
Proposal for a regulation
Recital 14
Recital 14
(14) To improve the deployment of very high capacity networks in the internal market, this Regulation should lay down rights for undertakings providing public electronic communications networks or associated facilities (including undertakings of a public nature) to access physical infrastructure regardless of its location under fair and reasonable terms consistent with the normal exercise of property rights. A fair return of investment should be granted to access providers, such return should reflect the relevant market conditions and different business models, such as those of providers of associated facilities. In this case, the access price offered may be considered fair and reasonable when providers offer only passive access to more than one electronic communications operators at comparable conditions. The obligation to give access to the physical infrastructure should be without prejudice to the rights of the owner of the land or of the building in which the infrastructure is located.
Amendment 119 #
Proposal for a regulation
Recital 23
Recital 23
(23) Public sector bodies that own or control physical infrastructure may lack sufficient resources, experience or the necessary technical knowledge to engage in negotiations with operators on access. TIn such case, in order to facilitate access to these public sector bodies’ physical infrastructure, a body cshould be appointed to coordinate the access requests, provide legal and technical advice for negotiating access terms and conditions, and make relevant information on such physical infrastructure available via a single information point. The coordinating body could also support public sector bodies in preparing model contracts and monitor the outcome and the length of time of the access requests process. The body could also help if disputes arise on access to physical infrastructure that public sector bodies own or control.
Amendment 120 #
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure consistency of approaches among Member States, the Commission, in close cooperation with the Body of European Regulators for Electronic Communications (BEREC), cshould provide guidance, by at least six months before the date of application of this Regulation, on applying the provisions on access to physical infrastructure, including but not only on the application of fair and reasonable conditions. The views of stakeholders, national authorities and national dispute settlement bodies should be duly taken into account in the preparation of the guidance. With a view to limit market disruption and an unintended reduction of a potential investment, the Commission, when formulating the guidelines on fair and reasonable price, should take into account the characteristics of the network operators and their business model, such as providers of associated facilities. Considering the level of flexibility recognised to Member States in the application of these provisions, and in order to be efficient, the European Commission guidance should provide the appropriate level of granularity.
Amendment 134 #
Proposal for a regulation
Recital 36
Recital 36
(36) To ensure consistency of approaches, the Commission, in close cooperation with the Body of European Regulators (BEREC), cshould provide guidance, by at least six months before the date of application of this Regulation, on applying the provisions on civil work coordination, including but not only on apportioning of costs. The views of stakeholders and national dispute settlement bodies should be duly taken into account in the preparation of the guidance. Considering the level of flexibility recognised to Member States in the application of these provisions, and in order to be efficient, such guidance should provide an appropriate level of granularity.
Amendment 139 #
Proposal for a regulation
Recital 38
Recital 38
(38) A number of different permits for deploying elements of electronic communications networks or associated facilities may be necessary in order to protect national and Union general interests. These can include digging, building, town planning, environmental and other permits as well as rights of way. The number of permits and rights of way required for deploying different types of electronic communications networks or associated facilities and the local character of the deployment could involve applying different procedures and conditions, which can cause difficulties in the network deployment. Therefore, to facilitate deployment, all rules on the conditions and procedures applicable to granting permits and rights of way should be streamlined and consis, consistent and harmonized, to the possible extent, at national level. While preserving the right of each competent authority to be involved and maintain its decision-making prerogatives in accordance with the subsidiarity principle, all information on the procedures and general conditions applicable to granting permits for civil works and rights of way should be available via single information points. This could reduce complexity and increase efficiency and transparency for all operators and particularly new entrants and smaller operators not active in that area. Moreover, operators should have the right to submit their requests for permits and rights of way in electronic format via a single information point. Those undertakings should also be able to retrieve information in electronic format about the status of their requests and whether they have been granted or refused.
Amendment 144 #
Proposal for a regulation
Recital 39
Recital 39
(39) Permit-granting procedures should not be barriers to investment or harm the internal market. Member States should therefore ensure that a decision on whether or not to grant permits on the deployment of elements of very high capacity networks or associated facilities is made available within 4 months from the receipt of a complete permit request. This is without prejudice to other specific deadlines or obligations laid down for the proper conduct of the procedure, which are applicable to the permit-granting procedure in accordance with national or Union law, such as the provisions set out in Article 57 of the Directive (EU) 2018/1972. Competent authorities should not restrict, hinder or make the deployment of very high capacity networks or associated facilities economically less attractive. Specifically, they should not prevent procedures for granting permits and rights of way from proceeding in parallel, where possible, or require operators to obtain one type of authorisation before they can apply for other types of authorisations. Competent authorities should justify any refusal to grant permits or rights of way under their competence, based on objective, transparent, non-discriminatory and proportionate conditions.
Amendment 154 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to ensure uniform conditions for the implementation of Article 7 of this Regulation, implementingdelegated powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council39 . The exemptions from the requirement for permits set out at Union level by way of an implementing acte minimum list of exemptions from the requirement for permits set out at Union level by way of a delegated act, without prejudice to additional exemptions that may be introduced by Member States, could be applied to different categories of infrastructure (such as masts, antennae, poles and underground cables) under certain specified conditions, for which building permits, digging permits or other types of permits may be initially required. They could also be applied to technical upgrades of existing maintenance works or installations, small- scale civil works, such as trenching, and renewals of permits. _________________ 39 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 156 #
Proposal for a regulation
Recital 42
Recital 42
(42) In order to ensure that the procedures for granting such permits and rights of way are completed within reasonable deadlines, as appears from certain modernising and good administrative practices at national level, it is necessary to draw up principles for administrative simplification. This should include inter alia limiting the obligation of prior authorisation to cases in which it is essential and introducing tacit approval by the competent authorities after a certain period of time has elapsedAdditionally, Member States should be able to maintain or introduce simplified authorization procedure or prior communication procedures that may exist under national law, applicable to the deployment of any element of very high capacity networks or associated facilities. Moreover, the categories of deployments exempted from permits under Union law should no longer be subject to permits under national law.
Amendment 158 #
Proposal for a regulation
Recital 44
Recital 44
(44) Achieving the targets set out in Decision (EU) 2022/2481 requires that, by 2030, all end users at fixed locations are covered by a gigabit network up to a network termination point and all populated areas are covered by next- generation wireless high-speed networks with at least 5G-equivalent performance, in accordance with the principle of technological neutrality. Providing gigabit networks up to the end user should be facilitated, in particular through fibre-ready in-building physical infrastructure. Providing for mini-ducts during the construction of a building has only a limited incremental cost, while equipping buildings with gigabit infrastructure may represent a significant part of the cost of deploying a gigabit network. Therefore, all new buildings or buildings subject to reconstruction or a major renovation should be equipped with physical infrastructure and in-building fibre wiring, enabling the connection of end users to gigabit speeds. New multi- dwelling buildings and multi-dwelling buildings subject to major renovation should also be equipped with an access point, accessible to one or more undertakings providing or authorised to provide public electronic communications networks. Moreover, building developers should provide for empty ducts from every dwelling to the access point, located in or outside the multi-dwelling building. Major renovations of existing buildings at the end user’s location to enhance energy performance (pursuant to Directive 2010/31/EU of the European Parliament and of the Council40 ) provide an opportunity to also equip those buildings with fibre-ready in-building physical infrastructure, in-building fibre wiring and, for multi-dwelling buildings, an access point. _________________ 40 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
Amendment 167 #
Proposal for a regulation
Recital 52
Recital 52
(52) To ensure consistency of approaches, the Commission, in close cooperation with BEREC, cshould provide guidance, by at least six months before the date of application of this Regulation, on the applications of provisions on access to in-building physical infrastructure, including but not only on the terms and conditions thereof. The views of stakeholders and national dispute settlement bodies should be duly taken into account in the preparation of the guidance. Considering the level of flexibility recognised to Member States in the application of these provisions, and in order to be efficient, such guidance should provide an appropriate level of granularity.
Amendment 174 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. If any provision of this Regulation conflicts with a more detailed or stringent relevant provision of Directive (EU) 2018/1972 or Directive 2002/77/EC, the relevant provision of those Directiveslatter shall prevail.
Amendment 175 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may maintain or introduce measures in conformity with Union law which contain more detailed and/or stringent provisions than those set out in this Regulation, such as cost- oriented prices, permit exemptions or other legal measures deriving from national law, where they serve to promote the joint use of existing physical infrastructure or enable a more efficient deployment of new physical infrastructure.
Amendment 186 #
Proposal for a regulation
Article 2 – paragraph 2 – point 1 a (new)
Article 2 – paragraph 2 – point 1 a (new)
(1a) 'Very high capacity network' means a fixed or wireless network as defined in Article 2, point (2) of Directive (EU) 2018/1972;
Amendment 193 #
Proposal for a regulation
Article 2 – paragraph 2 – point 2 – paragraph 1 – point b
Article 2 – paragraph 2 – point 2 – paragraph 1 – point b
(b) where they are not part of a network and are owned or controlled by public sector bodies: buildings or, including rooftops, and entries to buildings, and any other asset including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations.
Amendment 217 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Upon written request of anNetwork operator,s or public sector bodies owning or controlling physical infrastructure or network operators shall meet all reasonable requestwritten requests of operators for access to that physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of very high capacity networks or associated facilities. Public sector bodies owning or controlling physical infrastructure shall meet all reasonable requests for access also under non-discriminatory terms and conditions. Such written requests shall specify the elements of the physical infrastructure for which the access is requested, including a specific time frame.
Amendment 226 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the need to ensure that the access provider has a fair opportunity to recover the costs it incurs in order to provide access to its physical infrastructure, taking into account specific national conditions, different business models, and any tariff structures put in place to provide a fair opportunity for cost recovery; in the case of electronic communications networks, any remedies imposed by a national regulatory authority shall also be taken into account.
Amendment 230 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the impact of the requested access on the access provider’s business plan, including investments in the physical infrastructure to which the access has been requested; additionally, a fair return of investment should be granted to the access providers. Such return should reflect the relevant market conditions and the different business models, such as those of providers of associated facilities. In this case, the access price offered may be considered fair and reasonable when providers offer only passive access to more than one electronic communications operator at comparable conditions.
Amendment 237 #
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) any additional maintenance and adaptation costs deriving from providing access to the relevant infrastructure;
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where public sector bodies that own or control physical infrastructure lack sufficient resources, experience or the necessary technical knowledge to engage in negotiations with operators on access, Member States mayshall establish a body to coordinate access requests to physical infrastructure owned or controlled by public sector bodies, provide legal and technical advice through the negotiation of access terms and conditions, and facilitate the provision of information via a single information point referred to in Article 10.
Amendment 265 #
Proposal for a regulation
Article 3 – paragraph 9
Article 3 – paragraph 9
9. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, the Commission mayshall, in close cooperation with BEREC, provide guidance on the application of this Article by 6 months before the date of application of this Regulation. Such guidance should provide the appropriate level of granularity, including relevant specifities introduced at Member State level.
Amendment 286 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Operators that obtain access to information pursuant to this Article shall take appropriate measures to ensure respect for confidentiality and operating and business secrets. Operators, to such purpose, shall sign a declaration to keep this information confidential and to use it only for the purpose of deploying its network.
Amendment 316 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Competent authorities shall not unduly restrict, hinder or make economically less attractive the deployment of any element of very high capacity networks or associated facilities. Member States shall ensure that any rules governing the conditions and procedures applicable for granting permits, including rights of way, required for the deployment of elements of very high capacity networks or associated facilities are consistent and, where applicable, harmonized across the national territory.
Amendment 336 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
The competent authorities shall grant or refuse permits, other than rights of way, within 42 months from the date of the receipt of a complete permit application.
Amendment 349 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 4
Article 7 – paragraph 5 – subparagraph 4
By way of exception and based on a justified reason set out by a Member State, the 42 month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasons justifying such an extension, publish them in advance via single information points and notify them to the Commission.
Amendment 352 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant or refuse such rights of way within the 42 month period from the date of receipt of the application.
Amendment 359 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 367 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The Commission shall, by means of an implementing act, specifyis empowered to adopt a delegated act in accordance with Article 13 to supplement this Regulation by specifying the minimum list of categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit- granting procedure within the meaning of this Article. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 13, without prejudice to additional exemptions that may be introduced by Member States. This delegated act shall be adopted by 6 months from the entry into force of this Regulation.
Amendment 381 #
Proposal for a regulation
Article 7 – paragraph 11 a (new)
Article 7 – paragraph 11 a (new)
11a. The procedure established in this article shall apply without prejudice to the provisions set out in Article 57 of the Directive (EU) 2018/1972.
Amendment 382 #
Proposal for a regulation
Article 7 – paragraph 11 b (new)
Article 7 – paragraph 11 b (new)
11b. Member States may maintain or introduce simplified authorization procedures or prior communications procedures, in accordance with Union legislation, where they serve to enable a more efficient deployment of new physical infrastructure for very high capacity network or associated facilities.
Amendment 444 #
Proposal for a regulation
Article 13 – title
Article 13 – title
13 CDelegated powers and committee procedure
Amendment 445 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Exercise of the delegation The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. The power to adopt delegated acts referred to in Article 7(8) shall be conferred on the Commission. The delegation of power referred to in Article 7(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. A delegated act adopted pursuant to Article 7(8) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 449 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. By [DATE OF ENTRY INTO FORCE + 53 YEARS], the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation. The report shall include a summary of the impact of the measures set out in this Regulation and an assessment of the progress towards achieving its objectives, including whether and how the Regulation could further contribute to achieving the connectivity targets set out in the Decision establishing the Digital Decade Policy Programme 2030.