[ParlTrack]

Proposal for a directive – amending act
Recital 44 a (new)

(44a) The continuing integration of markets within the Internal Market in electronic communications services and networks means that there will be a need for closer coordination, of the enforcement of the regulatory instruments provided for in the legal framework.

2008/05/22
Committee: ECON

Bernhard RAPKAY

Proposal for a directive – amending act
Recital 45 a (new)

(45a) The approach used so far to ensure uniform application of the law in the Internal Market, namely an exchange of information and experience between national regulatory authorities, has proved satisfactory. That being so, the procedure laid down for joint decision- taking pursues the objective of enhancing cooperation between national regulatory authorities. In view of the wide variety of problems with which the national regulatory authorities are faced and the often differing market conditions in the Member States, the only adequate and sufficient solution compatible with the requirements of the subsidiarity principle is one based on the use of existing decentralised powers.

2008/05/22
Committee: ECON

Bernhard RAPKAY

Proposal for a directive – amending act
Recital 46 a (new)

(46a) The Network of National Regulatory Authorities must be provided with staff and equipment in order to guarantee the smooth running of the joint decision-taking procedures. Funding by the European Union is the only way of ensuring the independence of joint decision-taking. In this connection the secretariat only supplies work equipment for the joint body, and is not itself involved in decision-taking by the national regulatory authorities.

2008/05/22
Committee: ECON

Bernhard RAPKAY

Proposal for a directive – amending act
Article 1 – point 3 a (new)

Directive 2002/21/EC
Article 3 – paragraph 5 a (new)

(3a) In Article 3, the following paragraph is added : "(5a) The Member States shall ensure that the national regulatory authorities jointly create the Network of National Regulatory Authorities in accordance with Article 3a."

2008/05/22
Committee: ECON

Bernhard RAPKAY

Proposal for a directive – amending act
Article 1 – point 3 b (new)

Directive 2002/21/EC
Article 3 – paragraph 6 a (new)

(3b) In Article 3, the following paragraph is added : "(6a) The Member States shall ensure that the national regulatory authorities take common positions of the Network into account as far as possible in their decisions. The same applies, mutatis mutandis, to the appeal procedure under Article 4."

2008/05/22
Committee: ECON

Bernhard RAPKAY

Proposal for a directive – amending act
Article 1 – point 3 c (new)

Directive 2002/21/EC
Article 3 a (new)

The following article is inserted: "Article 3a Procedure for joint decisions of the network of national regulatory authorities (1) The Network of National Regulatory Authorities shall facilitate the exchange of information among, and common decision-taking by, the national regulatory authorities. The Network shall constitute the organisational framework for the common decision-taking of the national regulatory authorities; it shall adopt common positions and opinions and advise the Commission and national regulatory authorities on all matters falling within the remit of national regulatory authorities. (2) ‘Common positions’ means decisions of the Network of National Regulatory Authorities laying down guidelines for the regulatory measures to be taken by national regulatory authorities. Opinions shall set out the standpoints adopted by the Network of national regulatory authorities for the purposes of given procedures. (3)Where the legal framework so provides or the Network chooses to act on its own initiative, the Network of National Regulatory Authorities may, in collaboration with the Commission, adopt common positions and opinions in all cases falling within the remit of the national regulatory authorities, as stated in the legal framework. Specifically, the Network shall serve, by means of common positions consistent with the requirements of Community law and with the legal framework in particular, to promote uniform enforcement of Community law within its sphere of responsibility. It shall allow in that connection for specific national circumstances. Where a national regulatory authority departs in a particular instance from common positions, it shall be obliged to inform the Network of the reasons for the departure. (4) Where the Network of National Regulatory Authorities takes decisions for the purposes of Article 3a(3), each national regulatory authority shall have one vote. (5) Where the legal framework provides for common decision-taking by the national regulatory authorities, paragraphs 6 and 7 of this Article shall apply. Where the Network of National Regulatory Authorities is called upon to deliver opinions, but neither paragraph 6 or 7 is invoked, the procedure set out in paragraph 6 shall apply. (6) Where the legal framework, invoking this paragraph, provides for common decision-taking by the national regulatory authorities, a decision of the Network of National Regulatory Authorities shall require a simple majority of the votes cast. (7) Where the legal framework, invoking this paragraph, provides for common decision-taking by the national regulatory authorities, a decision of the Network of National Regulatory Authorities must be adopted unanimously. (8) Decisions of the Network of National Regulatory Authorities, together with statements of the reasons therefor, shall be published subject to the rules applying to national regulatory authorities regarding the confidentiality of trade secrets. (9) The national regulatory authorities, following the procedure referred to in paragraph 6, shall lay down rules of procedure setting out the detailed arrangements for decision-taking and cooperation within the Network of National Regulatory Authorities. Decisions within the meaning of paragraph 5 shall not be valid unless they have been taken in accordance with those rules of procedure. The rules of procedure shall also include rules governing cooperation with the Commission."

2008/05/22
Committee: ECON

6 Amendments of Bernhard RAPKAY related to 2007/0247(COD)

ParlTrack - 2011-2024