Activities of Michel REIMON related to 2016/0288(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council establishing the European Electronic Communications Code (EECC) (recast) PDF (3 MB) DOC (572 KB)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast)
Amendments (117)
Amendment 90 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States, the Commission and BEREC shall also contribute to the achievement of these objectives.
Amendment 91 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
National regulatory and other competent authorities mayshall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
Amendment 92 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The national regulatory and other competent authorities as well as BEREC shalland the Commission, in discharging their respective responsibilities under this Directive, shall pursue each of the general objectives listed below. The expression of the list in the order from (a) to (d) does not constitute a ranking of the general objectives:
Amendment 93 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) promote access to, and take-up of,the availability and affordability of and access to very high capacity data connectivity, both fixed and mobile and of interpersonal communications services, by all Union citizens and businesses;
Amendment 95 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans- European networks, the availability and interoperability of pan- European services, and end-to-end connectivity;
Amendment 97 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common minimum level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.
Amendment 98 #
Proposal for a directive
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) promoting regulatory predictability by ensuring a consistent regulatory approach over appropriate review periods and through cooperation with each other, with BEREC and with the Commission;
Amendment 99 #
Proposal for a directive
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(aa) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
Amendment 100 #
Proposal for a directive
Article 3 – paragraph 3 – point e
Article 3 – paragraph 3 – point e
(e) taking due account of the variety of conditions relating to infrastructure, competition and consumeras well as service competition and end-users' circumstances that exist in the various geographic areas within a Member State;
Amendment 101 #
Proposal for a directive
Article 3 – paragraph 3 – point f
Article 3 – paragraph 3 – point f
Amendment 103 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8
Article 5 – paragraph 1 – subparagraph 2 – indent 8
– dealingensuring compliance with issurules related to open internet access;
Amendment 108 #
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
it shall make the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member States, at the same time, together with the reasoning on which the measure is based, in accordance with Article 20(3), and inform the Commission, BEREC and other national regulatory authorities and stakeholders thereof. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within one month. The one-month period may not be extended.
Amendment 117 #
Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – introductory part
Article 45 – paragraph 4 – subparagraph 2 – introductory part
Member States mayshall, however, provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services where this is necessaryin order to:
Amendment 118 #
Proposal for a directive
Article 45 – paragraph 5 – subparagraph 3
Article 45 – paragraph 5 – subparagraph 3
A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined the Union and by Member States in accordance with Union law.
Amendment 124 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Amendment 128 #
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Obligations imposed in accordance with this Article shall be based on the nature of the problem identified, in particular at retail level and where appropriate taking into account the identification of transnational demand pursuant to Article 64. They shall be proportionate, have regard to the costs and benefits, and be justified in the light of the objectives laid down in Article 3 of this Directive. Such obligations shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 129 #
Proposal for a directive
Article 66 – paragraph 6
Article 66 – paragraph 6
6. National regulatory authorities shall consider the impact of new market developments, such as in relation to commercial agreements, including co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics. If these developments are not sufficiently important in order to determine the need to undertake a new market analysis in accordance with Article 65, the national regulatory authority shall assess whether it is necessary to review the obligations imposed on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 166 #
Proposal for a directive
Recital 13
Recital 13
(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling buildingthe premises, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.
Amendment 168 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) Very significant price differences continue to prevail, both for fixed and mobile communications, between domestic voice and SMS communications and those terminating in another Member State. While there are substantial variations between countries, operators and tariff packages, and between mobile and fixed services, this continues to affect more vulnerable customer groups and to pose barriers to seamless communication within the EU. Any significant retail price differences between electronic communications services terminating in the same Member State and those terminating in another Member State should therefore be justified by reference to objective criteria.
Amendment 175 #
Proposal for a directive
Recital 17
Recital 17
(17) Interpersonal communications services are services provided for remuneration that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.
Amendment 229 #
Proposal for a directive
Recital 127
Recital 127
(127) Massive growth in radio spectrum demand, and in end-user demand for wireless broadband capacity, calls for solutions allowing alternative, complementary, spectrally efficient access solutions, including low-power wireless access systems with a small-area operating range such as radio local area networks (RLAN) and networks of low-power small- size cellular access points. Such complementary wireless access systems, in particular publicly accessible RLAN access points, increase access to the internet for end-users and mobile traffic off-loading for mobile operators. RLANs use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right. Most RLAN access points are so far used by private users as local wireless extension of their fixed broadband connection. End-users, within the limits of their own internet subscription, should not be prevented frombe encouraged to sharinge access to their RLAN with others, so as to increase the number of available access points, particularly in densely populated areas, maximise wireless data capacity through radio spectrum re- use and create a cost- effective complementary wireless broadband infrastructure accessible to other end-users. Therefore, unnecessary restrictions to the deployment and interlinkage of RLAN access points should also be removed. Public authorities or public service providers, who use RLANs in their premises for their personnel, visitors or clients, for example to facilitate access to e-Government services or for information on public transport or road traffic management, could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises, to the extent allowed by competition and public procurement rules. Moreover, the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non-commercial basis or as an ancillary service to another activity that is not dependant on such access (such as RLAN hotspots made available to customers of other commercial activities or to the general public in that area) can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end-users or interconnection. However, such provider, as well as end users or consumers sharing access should remain subject to the liability rules of Article 12 of Directive 2000/31/EC on electronic commerce35 . Further technologies such as LiFi are emerging that will complement current radio spectrum capabilities of RLANs and wireless access point to include optical visible light-based access points and lead to hybrid local area networks allowing optical wireless communication. _________________ 35 Directive2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), (OJ L 178, 17.7.2000, p.1).
Amendment 234 #
Proposal for a directive
Recital 139
Recital 139
(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances in line with the objectives of this directive, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.
Amendment 241 #
Proposal for a directive
Recital 139 a (new)
Recital 139 a (new)
(139 a) In geographic areas where markets, by virtue of prospective investments or commercial agreements, including co-investment agreements, show or can be expected on a forward- looking basis to qualify as an oligopoly, the promotion of competition and safeguarding of end-user benefits are likely to be compromised. In such cases, it is appropriate for national regulatory authorities to be vigilant and conduct specific monitoring on an ex ante basis and national regulatory authorities are more likely to need to impose or maintain ex-ante obligations. This applies a fortiori if a wholesale market is concerned.
Amendment 263 #
Proposal for a directive
Recital 175
Recital 175
Amendment 298 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘electronic communications network’ means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet- switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed; it does not include network elements managed by individuals in the context of not-for-profit activities;
Amendment 301 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location corresponding in the fixed-line connection case to the premises and in the mobile connection case to the base station, or which is capable of delivering under usual peak- time conditions similarat least the same network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similarat least the same regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Amendment 316 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine- to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services as well as not-for-profit-services provided by individuals;
Amendment 321 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;
Amendment 328 #
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;
Amendment 333 #
Proposal for a directive
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
(23) ‘general authorisation’ means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector-specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive, excluding not-for-profit-services provided by individuals.
Amendment 337 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States, the Commission and BEREC shall also contribute to the achievement of these objectives.
Amendment 345 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
National regulatory and other competent authorities mayshall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
Amendment 350 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The national regulatory and other competent authorities as well as BEREC shalland the Commission, in discharging their respective responsibilities under this Directive, shall pursue each of the general objectives listed below. The expression of the list in the order from (a) to (d) does not constitute a ranking of the general objectives:
Amendment 356 #
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) promote access to, and take-up of,the availability and affordability of and access to very high capacity data connectivity, both fixed and mobile and of interpersonal communications services, by all Union citizens and businesses;
Amendment 364 #
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans- European networks, the availability and interoperability of pan- European services, and end-to-end connectivity;
Amendment 367 #
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common minimum level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.
Amendment 373 #
Proposal for a directive
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) promoting regulatory predictability by ensuring a consistent regulatory approach over appropriate review periods and through cooperation with each other, with BEREC and with the Commission;
Amendment 375 #
Proposal for a directive
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(a a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
Amendment 381 #
Proposal for a directive
Article 3 – paragraph 3 – point e
Article 3 – paragraph 3 – point e
(e) taking due account of the variety of conditions relating to infrastructure, competition and consumeras well as service competition and end-users' circumstances that exist in the various geographic areas within a Member State;
Amendment 382 #
Proposal for a directive
Article 3 – paragraph 3 – point f
Article 3 – paragraph 3 – point f
Amendment 389 #
Proposal for a directive
Article 3 – paragraph 3 – point f a (new)
Article 3 – paragraph 3 – point f a (new)
(f a) safeguarding competition to the benefit of consumers, including the imposition of ex-ante regulatory obligations to secure effective and sustainable competition on wholesale markets and promoting, where appropriate, infrastructure-based competition.
Amendment 399 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)
- monitoring closely the development of the Internet of Things;
Amendment 400 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 b (new)
Article 5 – paragraph 1 – subparagraph 2 – indent 6 b (new)
- ensuring competition and consumer protection in the Internet of Things;
Amendment 403 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8
Article 5 – paragraph 1 – subparagraph 2 – indent 8
- dealingensuring compliance with issurules related to open internet access;
Amendment 406 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. National regulatory authorities and other competent authorities of the same Member State or of different Member States shall have the right to enter into cooperative arrangements with each other to foster regulatory cooperation where necessary.
Amendment 415 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Member States shall ensure that national regulatory authorities apply Regulation 2015/2120 and BEREC Guidelines adopted pursuant to Article 5.3 of the abovementioned Regulation and coordinate within BEREC with other national regulatory authorities when implementing it.
Amendment 513 #
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
it shall make the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member States, at the same time, together with the reasoning on which the measure is based, in accordance with Article 20(3), and inform the Commission, BEREC and other national regulatory authorities and stakeholders thereof. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within onetwo month. The onetwo-months period may not be extended.
Amendment 567 #
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to ensure that electronic communications content are encrypted from end-to-end by default, in order to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.
Amendment 596 #
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point a
Article 45 – paragraph 2 – subparagraph 1 – point a
(a) ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network as defined in Regulation 1315/2013;
Amendment 603 #
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point e a (new)
Article 45 – paragraph 2 – subparagraph 1 – point e a (new)
(e a) The Commission shall establish a programme aiming to release spectrum for shared and unlicensed uses. This programme shall include the development of a European database of shared and unlicensed spectrum.
Amendment 611 #
Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – introductory part
Article 45 – paragraph 4 – subparagraph 2 – introductory part
Member States may, however,shall provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services where this is necessaryin order to:
Amendment 616 #
Proposal for a directive
Article 45 – paragraph 5 – subparagraph 2 – point d a (new)
Article 45 – paragraph 5 – subparagraph 2 – point d a (new)
(d a) the promotion of interconnection in Europe along major transport paths
Amendment 617 #
Proposal for a directive
Article 45 – paragraph 5 – subparagraph 3
Article 45 – paragraph 5 – subparagraph 3
A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined by the Union and Member States in accordance with Union law.
Amendment 628 #
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point b
Article 46 – paragraph 1 – subparagraph 2 – point b
(b) the need to avoid an protect against harmful interference;
Amendment 632 #
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point d a (new)
Article 46 – paragraph 1 – subparagraph 2 – point d a (new)
(d a) requirements for coverage and performance of mobile network along all major roads and railways;
Amendment 633 #
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point d b (new)
Article 46 – paragraph 1 – subparagraph 2 – point d b (new)
(d b) suitable metrics to track the fulfilment of subparagraph (e), which are representative of end-user experience (voice and data);
Amendment 638 #
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 – introductory part
Article 46 – paragraph 1 – subparagraph 3 – introductory part
When applying a general authorisation or individual rights taking in account measures adopted under Decision No 676/2002/EC where the radio spectrum band concerned has been harmonised, Member States shall seek to minimiseavoid problems of harmful interference, including in cases of shared use of radio spectrum on the basis of a combination of general authorisation and individual rights of use. In so doing, they shall have regard to the need:
Amendment 662 #
Proposal for a directive
Article 48 – paragraph 3
Article 48 – paragraph 3
3. An exception to the requirement of open procedures may apply in cases where the granting of individual rights of use for radio spectrum to the providers of radio or television broadcast content services is necessary to achieve a general interest objective as defined by the Union and the Member States in conformity with Union law.
Amendment 674 #
Proposal for a directive
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a maximum duration of at least 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bandreviewed at regular intervals of maximum 5 years for assessing and amending the rights according to laydown procedures.
Amendment 702 #
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
Where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or end-user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to Article 12, to obligations regarding end-users rights pursuant to Title III of Part III of this Directive nor to obligations to interconnect their networks pursuant to Article 59 (1). Individuals providing such access not-for- profit shall not be liable for information transmitted by third parties over such access.
Amendment 705 #
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-user.
Amendment 709 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
a) the right of end-users to accede to radio local area networks of their choice provided by third parties;
Amendment 711 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point b
Article 55 – paragraph 3 – subparagraph 1 – point b
b) the right of end-users to allow reciprocally or more generally access to the networks of such providers by other end- users through radio local area networks, including on the basis of third-party initiatives which aggregate and make publicly accessible the radio local area networks of different end-users.
Amendment 713 #
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2
Article 55 – paragraph 3 – subparagraph 2
Amendment 714 #
Proposal for a directive
Article 55 – paragraph 4
Article 55 – paragraph 4
4. Competent authorities shall not restrict the right of end-users to allow reciprocally or more generally access to their radio local area networks by other end-users, including on the basis of third- party initiatives which aggregate and make the radio local area networks of different end-users publicly accessible.
Amendment 715 #
Proposal for a directive
Article 55 – paragraph 5 – point b
Article 55 – paragraph 5 – point b
(b) by initiatives of non-governmental organisations or public authorities to aggregate and make reciprocally or more generally accessible the radio local area networks of different end-users, including, where applicable, the radio local area networks to which public access is provided in accordance with point (a).
Amendment 719 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Amendment 722 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c
Article 59 – paragraph 1 – subparagraph 2 – point c
Amendment 731 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 3 – point i
Article 59 – paragraph 1 – subparagraph 3 – point i
(i) to the extent necessary to ensure interoperability of interpersonal communications services and may include an obligations relating to the use and implementation to publish and authorize the use, modification and redistribution of any relevant information or an obligation to use or implement of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; and
Amendment 738 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
Amendment 752 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2
Article 59 – paragraph 2 – subparagraph 2
Amendment 765 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part
Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraphbeyond the first concentration or distribution point where:
Amendment 767 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a
Article 59 – paragraph 2 – subparagraph 3 – point a
Amendment 792 #
Proposal for a directive
Article 61 – paragraph 2 – subparagraph 1
Article 61 – paragraph 2 – subparagraph 1
An undertaking shall be deemed to have significant market power if, either individually or jointly with others, including through a commercial or a co- investment agreement, it enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers.
Amendment 795 #
Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 a (new)
Article 61 – paragraph 2 – subparagraph 2 a (new)
3. Where an undertaking has significant market power on a specific market (the first market), it may also be designated as having significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the second market pursuant to this Directive.
Amendment 806 #
Proposal for a directive
Article 62 – paragraph 3
Article 62 – paragraph 3
3. National regulatory authorities shall, taking the utmost account of the Recommendation and the SMP guidelines, define relevant markets appropriate to national circumstances, in particular relevant geographic markets within their territory, in accordance with the principles of competition law. National regulatory authorities shall take into account the results of the geographical survey conducted in accordance with Article 22(1). They shall follow the procedures referred to in Articles 23 and 32 before defining the markets that differ from those identified in the Recommendation.
Amendment 818 #
Proposal for a directive
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
Amendment 831 #
Proposal for a directive
Article 65 – paragraph 2 – point b
Article 65 – paragraph 2 – point b
(b) all relevant competitive constraints, including at retailespecially at wholesale level, irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user, and irrespective of whether such constraints are part of the relevant market;
Amendment 835 #
Proposal for a directive
Article 65 – paragraph 2 – point c
Article 65 – paragraph 2 – point c
Amendment 837 #
Proposal for a directive
Article 65 – paragraph 2 – point d
Article 65 – paragraph 2 – point d
Amendment 843 #
Proposal for a directive
Article 65 – paragraph 4
Article 65 – paragraph 4
4. Where a national regulatory authority determines that, in a relevant market the imposition of regulatory obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall identify any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61. The national regulatory authority shall impose on such undertakings appropriate specific regulatory obligations in accordance with Article 66 or maintain or amend such obligations where they already exist if it considers that one or more retail markets would not be effectively competitive in the absence of those obligations.
Amendment 850 #
Proposal for a directive
Article 66 – paragraph 2
Article 66 – paragraph 2
2. Where an operator is designated as having significant market power on a specific market as a result of a market analysis carried out in accordance with Article 65 of this Directive, national regulatory authorities shall be able to impose any of the obligations set out in Articles 67 to 75 and 77 of this Directive as appropriate.
Amendment 855 #
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Obligations imposed in accordance with this Article shall be based on the nature of the problem identified, in particular at retail level and where appropriate taking into account the identification of transnational demand pursuant to Article 64. They shall be proportionate, have regard to the costs and benefits, and be justified in the light of the objectives laid down in Article 3 of this Directive. Such obligations shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 864 #
Proposal for a directive
Article 66 – paragraph 6
Article 66 – paragraph 6
6. National regulatory authorities shall consider the impact of new market developments, such as in relation to commercial agreements, including co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics. If these developments are not sufficiently important in order to determine the need to undertake a new market analysis in accordance with Article 65, the national regulatory authority shall assess whether it is necessary to review the obligations imposed on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 869 #
Proposal for a directive
Article 67 – paragraph 3 a (new)
Article 67 – paragraph 3 a (new)
3 a. In particular where an operator has obligations of access to civil engineering and/or obligations of access to, and use of, specific network facilities, national regulatory authorities shall specify key performance indicators as well as corresponding service level agreements and associated fee penalties, to be made available on the access provided, respectively, to the operators' own downstream activities and to beneficiaries of the access obligations. Notwithstanding paragraphs 2, 3 and 4, where an operator designated as having significant market power has obligations of access to civil engineering and/or obligations of access to, and use of, specific network facilities in accordance with Article (INSERT REFERENCE), national regulatory authorities shall ensure the publication of a reference offer containing at least the elements set out in Annex (INSERT REFERENCE).
Amendment 871 #
Proposal for a directive
Article 68 – paragraph 2
Article 68 – paragraph 2
2. Obligations of non-discrimination shall ensure, in particular, that the operator applies equivalent conditions in equivalent circumstances to other undertakings providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services, or those of its subsidiaries or partners. In particular, in cases where the operator is deploying new systems, nNational regulatory authorities may impose on that operator obligations to supply relevant information, access products and services to all undertakings, including to itself, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes, in order to ensure equivalence of access input.
Amendment 875 #
Proposal for a directive
Article 70 – title
Article 70 – title
Access to civil engineering and to entire and shared physical network elements
Amendment 878 #
Proposal for a directive
Article 70 – paragraph 1
Article 70 – paragraph 1
1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicatewhere it considers that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest.:
Amendment 886 #
Proposal for a directive
Article 70 – paragraph 1 – point a (new)
Article 70 – paragraph 1 – point a (new)
(a) impose obligations to meet reasonable requests for access to, and use of civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets
Amendment 887 #
Proposal for a directive
Article 70 – paragraph 1 – point b (new)
Article 70 – paragraph 1 – point b (new)
(b) impose obligations of access to, and use of, specific entire physical network elements and associated facilities, including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fiber terminating segments;
Amendment 888 #
Proposal for a directive
Article 70 – paragraph 1 – point c (new)
Article 70 – paragraph 1 – point c (new)
(c) impose obligations to share with third parties specified network elements, including shared access to the metallic local loop and subloop as well as shared access to fibre loops and fibre terminating segments including wavelength division multiplexing and similar sharing solutions.
Amendment 894 #
Proposal for a directive
Article 70 – paragraph 2
Article 70 – paragraph 2
2. National regulatory authorities may impose obligations on an operator to provide access in accordance with this Article, irrespective of whether the assets that are affected by the obligation are part of the relevant market in accordance with the market analysis, provided that the obligation is necessary and proportionate to meet the objectives of Article 3.shall take account in particular of the following factors:
Amendment 895 #
Proposal for a directive
Article 70 – paragraph 2 – point a (new)
Article 70 – paragraph 2 – point a (new)
(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts;
Amendment 896 #
Proposal for a directive
Article 70 – paragraph 2 – point b (new)
Article 70 – paragraph 2 – point b (new)
(b) the technological evolution affecting network design and management
Amendment 897 #
Proposal for a directive
Article 70 – paragraph 2 – point c (new)
Article 70 – paragraph 2 – point c (new)
(c) the feasibility of providing the access proposed, in relation to the capacity available;
Amendment 898 #
Proposal for a directive
Article 70 – paragraph 2 – point d (new)
Article 70 – paragraph 2 – point d (new)
(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment;
Amendment 899 #
Proposal for a directive
Article 70 – paragraph 2 – point e (new)
Article 70 – paragraph 2 – point e (new)
(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure based competition;
Amendment 900 #
Proposal for a directive
Article 70 – paragraph 2 – point f (new)
Article 70 – paragraph 2 – point f (new)
(f) the provision of pan-European services.
Amendment 907 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1
Article 71 – paragraph 1 – subparagraph 1
Amendment 917 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a
Article 71 – paragraph 1 – subparagraph 2 – point a
(a) to give third parties access to specified non-physical network elements and/or facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local looptive services under transparent and regulated tariff conditions, which at least make it possible to reproduce the tariffs of the retail offers of the regulated operator;
Amendment 928 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) to provide specified services on a wholesale basis for resale by third parties;
Amendment 939 #
Proposal for a directive
Article 71 – paragraph 2 – introductory part
Article 71 – paragraph 2 – introductory part
2. When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:
Amendment 958 #
Proposal for a directive
Article 71 – paragraph 2 – point d
Article 71 – paragraph 2 – point d
(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networks;
Amendment 965 #
Proposal for a directive
Article 71 – paragraph 2 – point e
Article 71 – paragraph 2 – point e
(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition and to sustainable competition based on co-investment in networks;
Amendment 969 #
Proposal for a directive
Article 71 – paragraph 2 – point g a (new)
Article 71 – paragraph 2 – point g a (new)
(g a) the existence of a broad choice of offers and providers for fixed and mobile access, for each consumer in Europe irrespective of their place of residence;
Amendment 970 #
Proposal for a directive
Article 71 – paragraph 2 – point g b (new)
Article 71 – paragraph 2 – point g b (new)
(g b) the development of a democratic society in the digital era allowing free access to information and expression for all citizens of Europe;
Amendment 976 #
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2
Article 72 – paragraph 1 – subparagraph 2
Amendment 980 #
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 3
Article 72 – paragraph 1 – subparagraph 3
Amendment 1003 #
Proposal for a directive
Article 74 – paragraph 1
Article 74 – paragraph 1
Amendment 1039 #
Proposal for a directive
Article 75 – paragraph 1 – subparagraph 1
Article 75 – paragraph 1 – subparagraph 1
Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 67 to 72 have failedare not sufficient to achieve effective competition and that there are important and persisting competition problems and/or market failures identified in relation to the wholesale provision of certain access product markets, it may, as an exceptional measure, in accordance with the provisions of the second subparagraph of Article 66(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity.
Amendment 1046 #
Proposal for a directive
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
(b) the undertaking does not hold an exclusive agreement, or an agreement which de jure or de facto amounts to an exclusive agreement, with a single and separate undertaking operating downstream that is active in any retail market for electronic communications services provided to private or commercial end- users, and/or limiting third party access to civil engineering and/or limiting third party access to, and use of specific network elements and associated facilities.
Amendment 1056 #
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functionalbroadband internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.
Amendment 1057 #
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
Amendment 1072 #
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92 a 1. Providers of electronic communication services to the public shall not apply tariffs for intra-Union fixed and mobile communications services terminating in another Member State different from tariffs for services terminating in the same member state, unless the provider demonstrates the existence of direct costs that are objectively justified. 2. Six months after the entry into force of this Directive, BEREC shall provide guidelines on the recovery of such objectively justified direct costs pursuant to paragraph 1. 3. One year after the entry into force of this Directive and annually thereafter, the European Commission shall provide a report on the application of the obligations of paragraph 1, including an assessment of the evolution of intra- Union communication tariffs.
Amendment 1099 #
Proposal for a directive
Annex I – part A – point 4
Annex I – part A – point 4
Amendment 1116 #
Proposal for a directive
Annex IV – paragraph 1 – point b – introductory part
Annex IV – paragraph 1 – point b – introductory part
(b) The co-investment offer shall be fair, reasonable, non-discriminatory and transparent:
Amendment 1130 #
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 1
Annex IV – paragraph 1 – point c – indent 1
- All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of access to individual lines, in terms of the protection awarded to the co-investors by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-invested network and in terms of the conditions for joining and potentially terminating the co-investment agreement. Non-discriminatory terms in this context do not entail that all potential co-investors must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.