41 Amendments of Adam JARUBAS related to 2023/0046(COD)
Amendment 73 #
Proposal for a regulation
Recital 3
Recital 3
(3) To achieve those targets, there is a need for policies to speed up and lower the costs of the deployment of very high- capacity fixed and wireless networks across the Union, including proper planning, coordination and the reduction of administrative burdens, while keeping costs for public authorities low.
Amendment 90 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation aims to strengthen and harmonise rights and obligations applicable across the Union to accelerate the roll-out of very high capacity networks and cross-sector coordination, while respecting the different constitutional structures of Member States, including regional and local self-government and the principle of procedural autonomy of Member States. Due to the persistent fragmentation of electronic communications markets in individual national markets, undertakings providing or authorised to provide electronic communications networks are unable to achieve economies of scale. This can have a strong downstream effect on cross-border trade and services provision, since many services can only be provided where an adequately performant network is in place across the Union. While ensuring an improved level playing field, this Regulation does not prevent national measures in compliance with Union law that serve to promote the joint use of existing physical infrastructure or enable a more efficient deployment of new physical infrastructure by complementing the rights and obligations laid down in this Regulation. For example, Member States could extend provisions on civil works coordination also to privately funded projects or require that more information on physical infrastructure or planned civil works is provided to a single information point in electronic format, provided that they do not violate Union law including the provisions of this Regulation.
Amendment 92 #
Proposal for a regulation
Recital 12
Recital 12
(12) To ensure legal certainty, including regarding specific regulatory measures imposed under Directive (EU) 2018/1972, under Title II, Chapters II to IV and Directive 2002/77/EC36 , the provisions of these directives and their national implementations should prevail over this Regulation. _________________ 36 Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services (OJ L 249, 17.9.2002, p. 21).
Amendment 100 #
Proposal for a regulation
Recital 15
Recital 15
(15) In particular, taking into account the fast development of providers of wireless physical infrastructure such as ‘tower companies’, and their increasingly significant role as providers of access to physical infrastructure suitable to install elements of wireless electronic communications networks, such as 5G, the definition of ‘network operator’ should be extended beyond undertakings providing or authorised to provide electronic communications networks and operators of other typesregulation should reinforce the pace of development of such wireless physical infrastructure, including towers, especially in the less urbanized areas with limited ofr networks, such as transport, gas or electricity, to include uo suitable physical infrastructure; Undertakings providing such associated facilities, which thus become subject to all the obligations and benefits set out in the Regulation, except should be excepted from the provisions regarding in- building physical infrastructure and access, of this Regulation.
Amendment 105 #
Proposal for a regulation
Recital 17
Recital 17
(17) In the absence of a justified exception, physical infrastructure elements owned or controlled by public sector bodies, even when they are not part of a network, can also host electronic communications network elements and should be made accessible to facilitate installing network elements of very high capacity networks, in particular wireless networks. Examples of physical infrastructure elements are buildings, including rooftops, entries to buildings, and any other asset, including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations. It is for Member States to identify specific buildings owned or controlled by public sector bodies in their territories where access obligations cannot apply, for example, for reasons of architectural, historical, religious or natural value.
Amendment 111 #
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure proportionality and, preserve investment incentives, especially for VHCN pioneers, and thus create an incentive for the rapid rollout of VHCNs to rural areas, a network operator or public sector body should have the right to refuse access to specific physical infrastructure for objective and justified reasons. In particular, a physical infrastructure for which access has been requested could be technically unsuitable due to specific circumstances, or because of lack of currently available space or future needs for space that are sufficiently demonstrated, for instance, in publicly available investment plans. To ensure proportionality and preserve investment incentives, a network operator or public sector body may refuse access to specific physical infrastructure. To avoid any potential distortion of competition or any possible abuse of the conditions to refuse access, any such refusal should be duly justified and based on objective and detailed reasons. For example such reasons would not be considered objective where an undertaking providing or authorised to provide electronic communications networks has deployed physical infrastructure thanks to civil works coordination with a network operator other than an electronic communications network operator and refuses to grant access based on an alleged lack of availability of space to host the elements of very high capacity networks which results from decisions made by the undertaking under its control. In such case, a competition distortion could arise if there is no other VHCN in the area concerned by the access request. Similarly, in specific circumstances, sharing the infrastructure could jeopardise safety or public health, network integrity and security, including that of critical infrastructure, or could endanger the provision of services that are primarily provided over the same infrastructure. Moreover, where thea network operator already provides a viable alternative means of wholesale physical access to electronic communications networks that would meet the needs of the access seeker, such as dark fibre or fibre unbundling, access to the underlying physical infrastructure, or to parallel physical infrastructure, could have an adverse economic impact on its business model, in particular that of wholesale-only operators, and on incentives to invest. It may also risk an inefficient duplication of network elements, which in particular shall be avoided until sufficient coverage of rural areas with VHCNs is achieved. The assessment of the fair and reasonable character of the terms and conditions for such alternative means of wholesale physical access should take into account, inter alia, the underlying business model of the undertaking providing or authorised to provide public electronic communications networks granting access and the need to avoid any reinforcement of the significant market power, if any, of either party.
Amendment 125 #
Proposal for a regulation
Recital 25
Recital 25
(25) Operators should have access to minimum information on physical infrastructure and planned civil works in the area of deployment. This will enable them to effectively plan deploying very high capacity networks and ensure the most effective use of existing physical infrastructure, suitable for rolling out such networks, and planned civil works. Such minimum information is a pre-requisite to assess the potential for using existing physical infrastructure or coordinating the planned civil works in a specific area, as well as to reduce damage to any existing physical infrastructures. In view of the number of stakeholders involved (covering publicly and privately financed civil works as well as existing or planned physical infrastructure) and to facilitate access to that information (across sectors and borders), the network operators and public sector bodies subject to transparency obligations should, where feasible, proactively (rather than upon request) provide and maintain such minimum information via a single information point. This will simplify managing requests to access such information and enable operators to express their interest in accessing physical infrastructure or coordinating civil works, for which timing is critical. The minimum information on planned civil works should be provided via a single information point as soon as the information is available to the network operator concerned and, in any event and where permits are required, no later than 3 months before the permit application is first submitted to the competent authorities.
Amendment 138 #
Proposal for a regulation
Recital 38
Recital 38
(38) A number of different permits for deploying elements of electronic communications networks or associated facilities may be necessary in order to protect national and Union general interests. These can include digging, building, town planning, environmental and other permits as well as rights of way. The number of permits and rights of way required for deploying different types of electronic communications networks or associated facilities and the local character of the deployment could involve applying different procedures and conditions, which can cause difficulties in the network deployment. Therefore, to facilitate deployment, all rules on the conditions and procedures applicable to granting permits and rights of way should be streamlined and consistent at national level, while respecting the constitutional structure of every Member State. While preserving the right of each competent authority to be involved and maintain its decision-making prerogatives in accordance with the subsidiarity principle, all information on the procedures and general conditions applicable to granting permits for civil works and rights of way should be available via single information points. This could reduce complexity and increase efficiency and transparency for all operators and particularly new entrants and smaller operators not active in that area. Moreover, operators should have the right to submit their requests for permits and rights of way in electronic format via a single information point. Those undertakings should also be able to retrieve information in electronic format about the status of their requests and whether they have been granted or refused.
Amendment 155 #
Proposal for a regulation
Recital 42
Recital 42
(42) In order to ensure that the procedures for granting such permits and rights of way are completed within reasonable deadlines, as appears from certain modernising and good administrative practices at national level, it is necessary to draw up principles for administrative simplification. This should include inter alia limiting the obligation of prior authorisation to cases in which it is essential and introducing tacit approval by the competent authorities after a certain period of time has elapsed. Moreover, the categories of deployments exempted from permits under Union law should no longer be subject to permits under national law.
Amendment 171 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation aims to facilitate and stimulate the roll-out of very high capacity networks, including mobile networks, by promoting the joint use of existing physical infrastructure and by enabling a more efficient deployment of new physical infrastructure so that such networks can be rolled out faster and at a lower cost.
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. If any provision of this Regulation conflicts with a provision of Directive (EU) 2018/1972 or, Directive 2002/77/EC, Directive (EU) 2022/2555 or Regulation (EU) XXXX/XXXX [Cyber Resilience Act], the relevant provision of those Directivespieces of legislation shall prevail.
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may maintain or introduce measures in conformityaccordance with Union law, which contain more detailed provisions than thoseprovide solutions enabling better achievement of the objectives set out in this Rregulation, where they serve to promoteith priority given to the relevant provisions enabling better achievement of the regulation's objectives, particularly the joint use of existing physical infrastructure or enable a more efficient deployment of new physical infrastructure.
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 2 – point 1 – point b – point ii
Article 2 – paragraph 2 – point 1 – point b – point ii
(ii) transport services, including railways, roads, tunnels, ports and airports;
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 2 – point 3
Article 2 – paragraph 2 – point 3
(3) ‘civil works’ means every outcome of building or civil engineering works taken as a whole that is sufficient in itself to fulfil an economic or technical function and entails including construction, as well as works consisting of reconstruction, installation, renovatione, or more elements of a physical infrademolition of a building structure;
Amendment 197 #
Proposal for a regulation
Article 2 – paragraph 2 – point 5 – point b
Article 2 – paragraph 2 – point 5 – point b
(b) they have legal personality or are entitled to legal capacity according to the provisions of the law;
Amendment 198 #
Proposal for a regulation
Article 2 – paragraph 2 – point 6
Article 2 – paragraph 2 – point 6
(6) ‘in-building physical infrastructure’ means physical infrastructure or installations at the end user’s location, including elements under joint ownership e.g. tenants' co-ownership, intended to host wired and/or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;
Amendment 202 #
Proposal for a regulation
Article 2 – paragraph 2 – point 9
Article 2 – paragraph 2 – point 9
(9) ‘major renovation and reconstruction works’ means building or civil engineering works at the end user’s location encompassing structural modifications of the entire in- building physical infrastructure or a significant part thereof and that require a building permit;
Amendment 205 #
Proposal for a regulation
Article 2 – paragraph 2 – point 11 a (new)
Article 2 – paragraph 2 – point 11 a (new)
(11a) 'rights of way' means rights granted in accordance with Art 43 of the Directive (EU) 2018/1972;
Amendment 216 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. USubject to paragraph 3 of this article, upon written request of an operator, public sector bodies owning or controlling physical infrastructure or network operators shall meet all reasonable requests for access to that physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of very high capacity networks or associated facilities. Public sector bodies owning or controlling physical infrastructure shall meet all reasonable requests for access also under non-discriminatory terms and conditions. Such written requests shall specify the elements of the physical infrastructure for which the access is requested, including a specific time frame.
Amendment 221 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. WExcluding undertakings providing or authorised to provide access to associated facilities to more than one hosted operator providing or authorised to provide a public electronic communications network, that will operate on regular market bases to enable fair return on investment, when determining prices as part of fair and reasonable terms and conditions for granting access, and to avoid excessive prices, network operators and public sector bodies owning or controlling physical infrastructure shall take into account the following:
Amendment 228 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the need to ensure that the access provider has a fair opportunity to recovers the costs it incurs in order to provide access to its physical infrastructure, taking into account specific national conditions and any tariff structures put in place to provide a fair opportunity for cost recovery; in the case of electronic communications networks, any remedies imposed by a national regulatory authority shall also be taken into account.
Amendment 232 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the impact of the requested access on the access provider’s business plan, including investments into the extent that it concerns the physical infrastructure to which the access has been requested, including investments in that physical infrastructure;
Amendment 245 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point c
Article 3 – paragraph 3 – subparagraph 1 – point c
(c) the existence of safety and scientifically-based public health concerns;
Amendment 259 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Public sector bodies owning or controlling buildings or certain categories of buildings may not apply paragraphs 1, 2 and 3 to those buildings or categories of buildings for reasons of architectural, historical, religious, or natural value, or for reasons of public security, safety and health. Member States shall identify such buildings or categories of buildings in their territories based on duly justified and proportionate reasons. Information on such buildings or categories of buildings shall be published via a single information point and notified to the Commission.
Amendment 268 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Article 4 – paragraph 1 – subparagraph 1 – introductory part
In order to request access to physical infrastructure in accordance with Article 3, any operator shall have the right to access, upon request, the following minimum information on existing physical infrastructure in electronic format via a single information point or directly from network operators and public sector bodies:
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a
Article 4 – paragraph 1 – subparagraph 1 – point a
(a) georeferenced location and route;
Amendment 273 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In cases, where Network operators and public sector bodies shall make availablepossess the minimum information referred to in paragraph 1, via the single information point and in electronic forma in electronic format, and in cases referred to in paragraph 1 point a) in georeferenced and electronic format, they shall make it available via the single information point, by [DATE OF ENTRY INTO FORCE + 12 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1.
Amendment 274 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Network operators and public sector bodies shall make available the minimum information referred to in paragraph 1, via the single information point and in electronic format, by [DATE OF ENTRY INTO FORCE + 12 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1 within 3 months after the last update or first delivery.
Amendment 276 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 (new)
Article 4 – paragraph 2 – subparagraph 1 (new)
In cases where the minimum information referred to in paragraph 1 was not yet made available via the single information point in electronic format, Network operators and public sector bodies shall make it available via the single information point in electronic format upon request no later than 15 days after the request for information is submitted. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1. Member States shall set up a deadline until which Network operators and public sector bodies shall make available the minimum information referred to in paragraph 1 via the single information point in electronic format.
Amendment 283 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 3
Article 4 – paragraph 4 – subparagraph 3
Amendment 333 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
The competent authorities shall grant or refuse permits, other than rights of way, within 41 months per each required permit, from the date of the receipt of a complete permit application.
Amendment 342 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The completeness of the application for permits or rights of way shall be determined by the competent authorities within 15 working days from the receipt of the application. Unless the competent authorities invited the applicant to provide any missing information within that period, the application shall be deemed complete.
Amendment 347 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 4
Article 7 – paragraph 5 – subparagraph 4
By way of exception and based on a justified reason set out by a Member State, the 41 month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasgeneral national provisions justifying such an extensions, publish them in advance via single information points and notify them to the Commission.
Amendment 354 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 41 month period from the date of receipt of the application.
Amendment 360 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 366 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The Commission shall, by means of an implementing act, specify the minimum list of categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit- granting procedure within the meaning of this Article, without prejudice to additional exemptions that may be provided by Member States. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 13 within 6 months from the entry into force of the Regulation.
Amendment 378 #
Proposal for a regulation
Article 7 – paragraph 11 a (new)
Article 7 – paragraph 11 a (new)
11a. The Commission will monitor the implementation of this Article in the Member States, and the Member States will report annually to the Commission the status of their implementation and if the listed conditions are met;
Amendment 436 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 – point a
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) within fourtwo months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);
Amendment 441 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Article 8 first paragraph of Directive (EU) 2018/1972 shall be applied mutatis mutandis to national dispute settlement bodies.
Amendment 442 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Paragraphs 2 and 2a shall apply mutatis mutandis to the competent bodies performing the functions of a single information point.
Amendment 457 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. It shall apply from [612 months after its entry into force].