14 Amendments of Notis MARIAS related to 2016/0286(COD)
Amendment 163 #
Draft legislative resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union on the role of national Parliaments in the European Union,
Amendment 164 #
Draft legislative resolution
Citation 3 b (new)
Citation 3 b (new)
– having regard to the Protocol (No 2) of the Treaty on the Functioning of the European Union on the application of the principles of subsidiarity and proportionality,
Amendment 173 #
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union on the role of national Parliaments in the European Union,
Amendment 174 #
Proposal for a regulation
Citation 1 b (new)
Citation 1 b (new)
having regard to the Protocol (No 2) of the Treaty on the Functioning of the European Union on the application of the principles of subsidiarity and proportionality,
Amendment 179 #
Proposal for a regulation
Recital 4
Recital 4
(4) BEREC and the Office (‘BEREC Office’) were established by Regulation (EC) No 1211/2009 of the European Parliament and of the Council25. BEREC replaced the European Regulators Group (‘ERG’)26 and was meant to contribute one the one hand to the development and on the other to the better functioning of the internal market for electronic communications networks and services by aiming to ensure a consistent implementation of the regulatory framework for electronic communications. The BEREC Office was established as a Community body with legal personality to carry out the tasks referred to in Regulation (EC) No 1211/2009, in particular the provision of professional and administrative support services to BEREC. _________________ 25 Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (OJ L 337, 18.12.2009, p.1). 26 Commission Decision 2002/627/EC of 29 July 2002 establishing the European Regulators Group for Electronic Communications Networks and Services (OJ L 200, 30.7.2002, p. 38).
Amendment 181 #
Proposal for a regulation
Recital 5
Recital 5
(5) In its Communication of 6 May 2015 entitled ‘A Digital Single Market Strategy for Europe’27, the Commission envisaged presenting proposals in 2016 for an ambitious overhaul of the regulatory framework for electronic communications focusing inter alia on a more effective regulatory institutional framework in order to make the telecoms rules fit for purpose as part of the creation of the right conditions for the digital single market. These include as a minimum the deployment of very high capacity connectivity networks, more coordinated management of radio spectrum for wireless networks and creating a level playing field for advanced digital networks and innovative services. The Communication pointed out that the changing market and technological environment make it necessary to strengthen the institutional framework by enhancing the role of BEREC. _________________ 27 COM(2015) 192 final. COM(2015) 192 final.
Amendment 184 #
Proposal for a regulation
Recital 6
Recital 6
(6) In its Resolution of 19 January 2016 ‘Towards a Digital Single Market Act’, the European Parliament called on the Commission to integrate further the digital single market by ensuring that a more efficient institutional framework is in place. It can do this by strengthening the role, capacity and decision-making powers of BEREC in order to allow it to foster the consistent implementation of the regulatory framework for electronic communications, to enable an efficient oversight of BEREC over the development of the single market and to help it to resolve cross-border disputes. The European Parliament also stresses, in this regard, the need to improve the financial and human resources and still further enhance the governance structure of BEREC.
Amendment 187 #
Proposal for a regulation
Recital 7
Recital 7
(7) BEREC and the BEREC Office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications. Notwithstanding, there are still significant disparities between Member States as regards regulatory practice. Moreover, the governance structure of BEREC and the BEREC Office is cumbersome and gives rise to unnecessary administrative burden. In order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the Union as well as to the promotion of 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, this regulation aims to strengthen the role of BEREC and enhance its governance structure by establishing BEREC as a Union decentralised agency. This also corresponds to the need to reflect the significantly enhanced role played by BEREC following Regulation (EC) No 531/2012 which establishes tasks for BEREC in relation to Union-wide roaming, Regulation (EU) No 2015/2120 which establishes tasks for BEREC in relation to open internet access and Union-wide roaming, and the Directive which establishes a significant number of new tasks for BEREC such as issuing decisions and guidelines on several topics, reporting on technical matters, keeping registers and delivering opinions on internal market procedures for draft national measures on market regulation as well as on assignments of rights of use for radio spectrum.
Amendment 208 #
Proposal for a regulation
Recital 14
Recital 14
(14) In the past the term of office of the Chair and of the Vice-Chairs of the Board of Regulators was one year. In view of the additional tasks assigned to BEREC and the need to ensure annual and multiannual programming for its activities, it is crucial to ensure that the Chairperson and Deputy Chairperson benefit from a stable and long-term mandatethe term of office of the Chair and the Vice-Chair shall be two years.
Amendment 209 #
Proposal for a regulation
Recital 15
Recital 15
(15) The Management Board should hold at least two ordinary meetings a year. In view of past experience and the enhancemeetings each month and prole of BEREC, the Management Board may need to hold additional meetingvide information about the achievements.
Amendment 210 #
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 for a term of office of 2.5 years. The Management Board should appoint him/her on the basis of a list drawn up by the Commission following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence. 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 226 #
Proposal for a regulation
Recital 18
Recital 18
(18) As BEREC is competent for taking decisions with a binding effect, it is necessary to ensure that any natural or legal person subject to, or concerned by, a decision of BEREC has the right of appeal to a Board of Appeal, which is part of the agency butand should be independent from its administrative and regulatory structure. As the decisions issued by the Board of Appeal are intended to produce legal effects towards third parties, an action for review of their legality may be brought to the General Court. In order to ensure uniform conditions as regards the rules of procedure of the Board of Appeal, implementing 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 Council 33. _________________ 33 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 231 #
Proposal for a regulation
Recital 21
Recital 21
(21) BEREC should be independent as regards operational and technical matters and should enjoy legal, administrative and financial autonomy. To that end, it is necessary and appropriate that BEREC should be a body of the Union having legal personality and exercising the powers conferred upon it.Does not affect the English version.)
Amendment 238 #
Proposal for a regulation
Recital 24
Recital 24
(24) BEREC should be allowed to engage in communication activities within its field of competence, which should not be detrimental to BEREC’s core tasks and should be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board. The content and implementation of BEREC’s communication strategy should be coherent, objective, relevant and coordinated with the strategies and activities of the Commission and the other institutions in order to take into consideration the broader image of the Union.