26 Amendments of Erika MANN related to 2007/0249(COD)
Amendment 133 #
Proposal for a regulation
Recital 2
Recital 2
(2) The 2002 regulatory framework for electronic communications establishes a system of regulation undertaken by national regulatory authorities and provides for those authorities to co-operate with each other and with the Commission in order to ensure the development of consistent regulatory practice and the consistent application across the Community of the regulatory framework but leaving room for regulatory competition between the national regulatory authorities in light of specific national market conditions.
Amendment 134 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) BERT will be established to accomplish co-ordination between national regulatory authorities of Members States without harmonising existing regulatory approaches to a degree which undermines regulatory competition.
Amendment 135 #
Proposal for a regulation
Recital 7
Recital 7
(7) A more substantial institutional basis for the establishment of a body bringing together the expertise and experience of the national regulatory authorities, together with a clearly defined set of competencies, is therefore called for, taking account of the need for this body to exercise real authority in the eyes of its members and the sector being regulated through the quality of its output.
Amendment 136 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The current approach to build greater consistency among national regulatory authorities by exchanging information and knowledge on practical experiences has proved to be successful in this short term following its deployment. However, a more intense coordination between all regulatory authorities at national and European level will be required to understand and further develop the internal market for electronic communication services in order to enhance regulatory consistency.
Amendment 147 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) BERT should contribute to developing a culture of network and information security in particular through understanding network security threats, developing best practice methods, promoting risk assessment activities and cooperation with international organisations. In the framework of the review due on 1 January 2014 the role of BERT in the field of network and information security should be re- evaluated.
Amendment 152 #
Proposal for a regulation
Recital 32
Recital 32
(32) The structure of the AuthorityBERT should be lean and suitable for the tasks it is to perform. Experience with similar Community authorities provides some guidance in this respect, but tIts staff should not exceed 30 staff members. The structure should be adapted to meet the specific needs of the Community system for the regulation of electronic communications. In particular, the specific role of the national regulatory authorities and their independent nature needs to be fully addressed.
Amendment 158 #
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) On 1 January 2014 a review should take place to evaluate whether there is a need to extend the mandate of BERT into the future. In case an extension is justified, budgetary and procedural regulations as well as human resources should be reviewed.
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The AuthorityBERT shall act within the scope of the Framework Directive and the Specific Directives and draw upon expertise available in the national regulatory authorities. It shall contribute to improvement of national regulation in the electronic communications sector, and to the better functioning of the internal market for electronic communications networks and services, including in particular the development of cross- Community electronic communications and a high and effective level of network and information security, through the tasks listed in Chapters II and III.
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. BERT shall serve as a means for the exchange of information and the adoption of consistent decisions by NRAs. BERT shall provide an organisational basis for the decision-making of NRAs; BERT shall adopt common positions and comments, and shall advise the Commission and assist the NRAs in all matters within the scope of the tasks assigned to the NRAs by the Framework Directive and the Specific Directives.
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 5 b (new)
Article 1 – paragraph 5 b (new)
Amendment 166 #
Proposal for a regulation
Article 3 – introductory phrase
Article 3 – introductory phrase
Amendment 167 #
Proposal for a regulation
Article 3 – point a
Article 3 – point a
(a) issue opinions at the request of the Commis, recommendations and decision ors on its own initiative and assist the Commiss, where this Regulation byso providing it with additional technical support in all matters regarding electronic communicationses, in all matters within the scope of the tasks assigned to BERT;
Amendment 173 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. At the request of the Commission, the AuthorityBERT shall deliver opinions on all matters regarding electronic communications as set out in this Regulation. BERT may also provide an opinion on these matters to the Commission or to NRAs on its own initiative. BERT shall offer alternative solutions, where appropriate.
Amendment 181 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Commission and the NRAs shall take the utmost account of the opinions delivered by BERT. In case BERT proposes alternative solutions in the light of different market conditions and path dependence of different regulatory approaches, NRAs shall consider which solution fits best into their regulatory approach. NRAs and the Commission shall make public the manner in which the opinion of BERT has been taken into account.
Amendment 192 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Authority shall, at the request of the Commission, provide the Commission withCommission may request BERT to deliver to the Commission, the RSPG or the RSC an opinion on the scope and content of any of the implementation measures provided for in Article 6a of Directive 2002/20/EC (Authorisation Directive). This may include in particular the AuthorityBERT’s assessment of the benefits that may accrue for the single market in electronic communications networks and services from the implementing measures adopted by the Commission pursuant to Article 6a of Directive 2002/20/EC (Authorisation Directive) and the identification of the services with cross- Community potential which would benefit from those measures.
Amendment 194 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The AuthorityBERT shall, taking account of the Community’s electronic communications policy, promote the exchange of information both between the Member States, and between the Member States, national regulatory authorities and the Commission on the situation and development of regulatory activities regarding electronic communications networks and services, including network and information security. In the light of different market conditions and path dependence of different national regulatory approaches, BERT may develop alternative problem solutions within the harmonised regulatory framework.
Amendment 201 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The AuthorityBERT shall make such information available to the public in an easily accessible form; confidentiality shall be respected for justifiable reasons.
Amendment 205 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The Administrative BoardBoard of Regulators shall appoint its Chairperson and its Vice-Chairperson from among its members. The Vice- Chairperson shall automatically replace the Chairperson if the latter is not in a position to perform his/her duties. The terms of office of the Chairperson and of the Vice- Chairperson shall be two and a half years and shall be renewable. In any event, however, the term of office of the Chairperson and that of the Vice- Chairperson shall expire the moment they cease to be members of the Administrative Board, pursuant to the election procedures set out in the rules of procedure.
Amendment 211 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Decisions of the Administrative BoardBoard of Regulators shall be adopted on the basis of a two- thirds majority of the members presentqualified majority in accordance with rules applying to votes of the Council pursuant to Article 205, paragraph 2 of the Treaty establishing the European Community.
Amendment 215 #
Proposal for a regulation
Article 26 – paragraph 13 a (new)
Article 26 – paragraph 13 a (new)
13a. The Board of Regulators shall appoint the Managing Director. The Board of Regulators shall take this decision by a majority of three quarters of its members.
Amendment 233 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The revenues of the AuthorityBERT shall consist of: (a) charges for services provided by the Authority; (b) a proportion of usage fees paid by applicants in accordance with the provisions of Article 17; (c) a subsidy from the Community, entered in the general budget of the European Communities (Commission Section); (d) any legacies, donations or grants as mentioned in Article 26(7). (ea subsidy from the Community, entered in the general budget of the European Communities; (b) any voluntary contribution from the Member States or from their regulatory authorities.
Amendment 236 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The expenditure of the AuthorityBERT shall cover staff, administrative, infrastructure and operational expenses.
Amendment 237 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. All Authority revenue and expenditure shall be the subject of forecasts for each financial year, coinciding with the calendar year, and shall be entered in its budget.
Amendment 238 #
Proposal for a regulation
Article 36 – paragraph 4 a (new)
Article 36 – paragraph 4 a (new)
4a. The organisational and financial structure of BERT shall be reviewed on 1 January 2014.
Amendment 246 #
Proposal for a regulation
Article 49 – paragraph 4 a (new)
Article 49 – paragraph 4 a (new)
4a. The staff of BERT shall not exceed 30 staff members.
Amendment 249 #
Proposal for a regulation
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
On 1 January 2014 a review shall take place to evaluate whether there is a need to extend the mandate of BERT into the future. In case an extension is justified, budgetary and procedural regulations as well as human resources shall be reviewed.