28 Amendments of Maria GRAPINI related to 2016/0286(COD)
Amendment 211 #
Proposal for a regulation
Recital 8
Recital 8
(8) The need for the regulatory framework for electronic communications to be consistently applied in a balanced and non-discriminatory manner in all Member States is essential for the successful development of an internal market for electronic communications throughout the Union and the promotion of access to, and take-up of, very high capacity data connectivity, of competition in the provision of electronic communications networks, services and associated facilities and of the interests of the citizens of the Union. In view of market and technological developments, which often entails an increased cross-border dimension, and to the experience so far in ensuring a consistent implementation in the electronic communications field, it is necessary to build on the work of BEREC and the BEREC Office and further develop them into a fully-fledged agency.
Amendment 215 #
Proposal for a regulation
Recital 12
Recital 12
(12) Compared to the situation in the past where both a Board of Regulators and a Management Committee were running in parallel, having a single board giving general orientations for the activities of BEREC, deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency, coherence and performance of the agency. To this end, the Management Board should carry the relevant functions and should consist, in addition of twoa representatives of the Commission, of the Head, or otherwise a member of the collegiate body, of each NRA, who are protected by dismissal requirements.
Amendment 217 #
Proposal for a regulation
Recital 16
Recital 16
(16) The role of the Executive Director, who would be the legal representative of BEREC, is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it. The Management Board should appoint him/her on the basis of a list drawn up by the Commissihairperson following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence. The candidate should obtain the consent of the European Parliament to take office. Moreover, in the past the term of office of the Administrative Manager of the BEREC Office was three years. It is necessary that the Executive Director has a sufficiently long mandate in order to ensure stability and delivery of a long-term strategy for the agency.
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. BEREC shall pursue the same objectives as those of national regulatory authorities (‘NRAs’) referred to in Article 3 of the Directive. In particular, BEREC shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market and help encourage innovation. It shall also promote access to, and take-up of, very high capacity data connectivity; competition in the provision of electronic communications networks, services and associated facilities; and the interests of the citizens of the Union.
Amendment 250 #
Proposal for a regulation
Article 2 – paragraph 2 – point d – introductory part
Article 2 – paragraph 2 – point d – introductory part
(d) keep a regularly updated register of:
Amendment 254 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. BEREC shall carry out its tasks independently, impartially, transparently and in a timely manner. BEREC shall ensure that the public and any interested parties are given appropriate, objective, reliable and easily accessible information, in particular with regard to the results of its work.
Amendment 255 #
Proposal for a regulation
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3 b. Where appropriate, before adopting decisions, reports or other type of public deliverables, BEREC shall consult interested parties and give them the opportunity to comment within a reasonable period having regard to the complexity of the matter and in any event not shorter than 30 days, except in exceptional circumstances. Without prejudice to Article 28, the results of the consultation procedure shall be made publicly available by BEREC.
Amendment 256 #
Proposal for a regulation
Article 2 – paragraph 3 c (new)
Article 2 – paragraph 3 c (new)
3 c. BEREC shall promote cooperation between NRAs, and between NRAs and the Commission.
Amendment 261 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The Management Board shall be composed of one representative from each Member State and twoone representatives of the Commission, all with voting rights. Each NRA shall be responsible for nominating its respective representative amongst the Head or members of the collegiate body of the NRA.
Amendment 265 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Amendment 267 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Without prejudice to the powers of the Management Board, the Chairperson and the Deputy Chairperson shall be independent in the performance of their duties and shall neither seek nor take instructions from any government or NRA, institution, person or body.
Amendment 269 #
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3 b. The Chairperson or Deputy Chairperson shall report to the European Parliament on the performance of their duties and the performance of BEREC when invited to do so. The Council may invite the Chairperson or Deputy Chairperson to report on the performance of their duties and the performance of BEREC.
Amendment 272 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to the powers of the Commission and the Management Board, the Executive Director shall be independent in the performance of his/her duties and shall neither seek nor take instructions from any government, NRA, institution, person or body.
Amendment 274 #
Proposal for a regulation
Article 9 – paragraph 5 – introductory part
Article 9 – paragraph 5 – introductory part
5. The Executive Director shall be responsible for the implementation of BEREC’s tasks following the guidance provided by the Management Board. In particular, the Executive Director shall be responsible for:
Amendment 275 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Management Board shall appoint the Chairperson, the other members and their alternates from a list of qualified candidates established by the CommissionBEREC Chairperson. The candidates shall meet the requirements of independence and impartiality.
Amendment 276 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. On the proposal of BEREC, the CommissionManagement Board shall establish the rules of procedure of the Board of Appeal, after having consulted the Management Board and in accordance with the procedure referred to in Article 36(2).
Amendment 277 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Once the matter has been resolved, the final decision can be sent for information to all NRAs concerned.
Amendment 280 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board, from a list of qualified candidates proposed by the Commissihairperson, following an open and transparent selection procedure.
Amendment 282 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 3
Article 22 – paragraph 2 – subparagraph 3
Before appointment, the candidate selected by the Management Board may be invited to make a statement before the competent committee of the European Parliament and to answer questions put by its membersshall obtain the consent of the European Parliament.
Amendment 284 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The term of office of the Executive Director shall be fivesix years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director’s performance and BEREC’s future tasks and challenges.
Amendment 285 #
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3 a. The term of office of the Executive Director may not be extended.
Amendment 287 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 288 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 291 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 293 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commissiona member of the Management Board.
Amendment 295 #
Proposal for a regulation
Article 22 – paragraph 8
Article 22 – paragraph 8
8. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Executive Director on the basis of a two-thirds majority of its members with voting rights.
Amendment 297 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. BEREC shall be legally represented by the Executive Director.
Amendment 299 #
Proposal for a regulation
Article 36
Article 36