Activities of Elena KOUNTOURA related to 2023/0046(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on measures to reduce the cost of deploying gigabit electronic communications networks and repealing Directive 2014/61/EU (Gigabit Infrastructure Act)
Amendments (80)
Amendment 63 #
Proposal for a regulation
Recital 1
Recital 1
(1) The digital economy has been changing the internal market profoundly over the last decade. The Union’s vision is a digital economy that delivers sustainable economic and social benefits based on excellent, and secure connectivity for everybody and everywhere in Europeffordable, reliable, secure and future-proof broadband connectivity for everybody and everywhere in Europe, including in rural and remote areas, such as islands and mountainous and sparsely populated regions, as well as the outermost regions and in transport corridors. A high-quality digital infrastructure based on very high capacity networks is a cornerstone to the Union’s digital transformation as underpins almost all sectors of a modern and innovative economy. It can provide innovative services, more efficient business operations and smart, sustainable, digital societies, while contributing to achieving the climate targets set in the European Green Deal and the twin digital and green transitions envisaged as the Union’s main priorities. It is of strategic importance to social and territorial cohesion and overall for the Union’s competitiveness, resilience, strategic autonomy, digital sovereignty and digital leadership. Therefore, people as well as the private and public sectors should have the opportunity to be part of the digital economy.
Amendment 67 #
Proposal for a regulation
Recital 2
Recital 2
(2) Societal needs for converging upload and download bandwidth are constantly growing. The rapid evolution of technologies, the exponential growth in broadband traffic and the increasing demand for advanced very high-capacity connectivity have further accelerated during the COVID-19 pandemic. As a result, the targets laid down in the Digital Agenda in 201031 have mostly been met, but they have also become obsolete. The share of households having access to 30 Mbps internet speeds has increased from 58.1% in 2013 to 90% in 2022. Availability of only 30 Mbps is no longer future-proof and not aligned with the new objectives set in Directive (EU) 2018/1972 of the European Parliament and of the Council32 for ensuring connectivity and widespread availability of very high capacity networks. Therefore, in the Decision (EU) 2022/2481 of the European Parliament and Council33 , the EU set updated targets for 2030 that better correspond to the expected connectivity needs of the future where all European households should be covered by a gigabit network, withend-users should be able to use gigabit services provided by networks at a fixed location deployed up to the network termination point and all populated areas should be covered by a next-generation wireless high-speed networks with performance at least equivalent to that of 5G. _________________ 31 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, 19.05.2010, COM(2010)245. 32 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36). 33 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (OJ L 323, 19.12.2022, p. 4).
Amendment 69 #
Proposal for a regulation
Recital 3
Recital 3
(3) To achieve those targets, there is a need for policies to significantly speed up and lower the costs of the deployment of very high- capacity fixed and wireless networks across the Union, including proper planning, stronger coordination and the reduction of administrative burdensset-up of simplified and streamlined permit procedures as a way of reduction of administrative burdens on both operators and national administrations; to achieve these targets, the lowering of the costs of the deployment of very high-capacity fixed and wireless networks across the Union shall have the corresponding impact on reducing the cost of services for the end user.
Amendment 82 #
Proposal for a regulation
Recital 8
Recital 8
(8) The measures set out in Directive 2014/61/EU contributed to less costly deployments of high-speed electronic communications networks. However, these measures should be strengthened and streamlined to further reduce costs and speed up network deployment, in accordance with the No Significant Harm Principle (DNSH), where relevant.
Amendment 83 #
Proposal for a regulation
Recital 9
Recital 9
(9) Measures aiming to make using public and private existing infrastructures more efficient and reduce costs and obstacles in carrying out new civil engineering works should contribute substantially to ensuring a fast and extensive deployment of very high capacity networks, in particular in rural, insular and remote areas, such as islands and mountainous and sparsely-populated regions, as well as the outermost regions and in transport corridors. These measures should maintain effective competition without harming the safety, security, public health, environment and smooth operation of the existing infrastructure.
Amendment 86 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Given the increasing number of permits for very high capacity networks, and their predominantly local character, fees for permits for civil works differ significantly between and within Member States. They may also represent a significant part of the cost of deployment, particularly in rural, remote, insular and island areas, where the cost of deployment per user is highest. Member States should ensure that the cost of granting permits is kept at a level, which would not be a disincentive for investment, taking into account the multiplicity of permits often required.
Amendment 87 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) Policies about, and investments in, high-quality digital infrastructure should aim to ensure connectivity accessible to all and everywhere in the Union, with available internet access, in order to close the digital divide across the Union, with a particular focus on the divide between different geographical areas, in rural and remote areas, such as islands and mountainous and sparsely-populated regions, as well as the outermost regions and in transport corridors.
Amendment 89 #
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. 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 or going beyond 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 104 #
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, 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 valuenational security, safety, including road safety, historical, religious or natural value. In order to ensure public acceptance and sustainable deployment, network elements of very high capacity networks, in particular wireless networks, should have minimal visual impact.
Amendment 108 #
Proposal for a regulation
Recital 18
Recital 18
(18) This Regulation should be without prejudice to any specific safeguard needed to ensure safety and public health, the security and integrity of the networks, in particular critical infrastructure, as defined by national law, and to ensure that the main service provided by the network operator or public sector body is not affected, in particular in networks used for the provision of water intended for human consumption. However, general rules in national legislation prohibiting network operators from negotiating access to physical infrastructures by undertakings providing or authorised to provide electronic communications networks or associated facilities could prevent creating a market for access to physical infrastructure. Such general rules should therefore be abolished. At the same time, the measures set out in this Regulation should not prevent Member States from incentivising utility operators to give access to infrastructure by excluding revenue generated from the access to their physical infrastructure when calculating end-user tariffs for their main activity or activities, in accordance with applicable Union law.
Amendment 110 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure legal certainty and avoid disproportionate burdens on network operators resulting from the simultaneous application of two distinct access regimes to the same physical infrastructure, physical infrastructure subject to access obligations imposed by national regulatory authorities or other competent authorities pursuant to Directive (EU) 2018/1972 or access obligations resulting from the application of Union State aid rules should not be subject to access obligations set out in this Regulation for as long as such access obligations remain in place. However, this Regulation should be applicable where a national regulatory authority hasor other competent authorities have imposed an access obligation under Directive (EU) 2018/1972 that limits the use that can be made of the physical infrastructure concerned. For instance, this could occur when an operator planning to connect base stations requests access to existing physical infrastructure to which access obligations are imposed in the market for access to wholesale dedicated capacity37 . _________________ 37 Commission Recommendation (EU) 2020/2245 of 18 December 2020 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive (EU) 2018/1972 of the European Parliament and of the Council establishing the European Electronic Communications Code, 18.12.2020, C(2020) 8750, OJ L 439, 29.12.2020, p. 23.
Amendment 116 #
Proposal for a regulation
Recital 21
Recital 21
(21) To facilitate the reuse of existing physical infrastructure, where operators request access in a specified area, network operators and public sector bodies that own or control physical infrastructure should make an offer for the shared use of their facilities under fair and reasonable terms and conditions, including price, unless access is refused for objective and justified reasons. Public sector bodies should also be required to offer access under non- discriminatory terms and conditions. Depending on the circumstances, several factors could influence the conditions under which such access is granted. These include: (i) any additional maintenance and adaptation costs; (ii) any preventive safeguards to be adopted to limitavoid adverse effects on network safety, security and integrity; (iii) any specific liability arrangements in the event of damages; (iv) the use of any public subsidy granted for the construction of the infrastructure, including specific terms and conditions attached to the subsidy or provided under national law in compliance with Union law; (v) the ability to deliver or provide infrastructure capacity to meet public service obligations; and (vi) any requirements constraints stemming from national provisions aiming to protect the environment, public health, public security or to meet town and country planning objectives.
Amendment 121 #
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure consistency of approaches among Member States while taking into account the divergent situation across Member States, the Commission, in close cooperation with the Body of European Regulators for Electronic Communications (BEREC), could provide guidance on applying the provisions on access to physical infrastructure, including but not only on the application of fair and reasonable conditions. The views of stakeholders and in particular of national dispute settlement bodies should be duly taken into account in the preparation of the guidance to ensure as best as possible that such guidance would not be disruptive to well established principles, does not violate national dispute settlement bodies procedural rules, and would not be harmful for further very high capacity networks roll out.
Amendment 124 #
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 proactively (rather than upon request) provide and maintain such minimum information via a single information point and to proactively ensure that the minimum information they make available via a single information point is correct and up to date. 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 129 #
(30) To ensure proportionality and security, the requirement to provide information on existing physical infrastructure via the single information point need not apply for the same reasons as those justifying a refusal of an access request. In addition, providing information on existing physical infrastructure via the single information point could, in very specific cases, be burdensome or disproportionate for network operators and public sector bodies. This could arise, for example, where the mapping of relevant assets is not yet available and it would be very costly to map or where access requests are expected to be very low in certain areas of a Member State or in respect to certain specific physical infrastructure. Where it appears that providing information is disproportionate based on a detailed cost-benefit analysis, network operators and public sector bodies should not be obliged to provide such information. Member States should conduct such detailed cost-benefit analysis based on a consultation with stakeholders on demand for access to existing physical infrastructure, and the analysis should be updated regularly. The consultation process and its outcome should be made public, and the criteria and conditions used to exempt specific physical infrastructure to be exempted from this obligation should be notified to the Commission.
Amendment 130 #
Proposal for a regulation
Recital 31
Recital 31
(31) To ensure consistency, the competent bodies performing the functions of the single information point, the national regulatory authorities or other competent authorities fulfilling their tasks under Directive (EU) 2018/1972 or other competent authorities, such as national, regional or local authorities in charge of cadastre or the implementation of Directive 2007/2/EC (INSPIRE), as appropriate, should consult and cooperate with each other. The purpose of such cooperation should be to minimise the efforts in complying with transparency obligations on network operators and public sector bodies, including the undertakings designated with significant market power (‘SMP’ operators), to make information available about their physical infrastructure; Where a different data set on physical infrastructure of the SMP operator is required such cooperation should result in establishing useful interlinks and synergies between the SMP- related database and the single information point and proportionate common practices of data collection and data provision to deliver results that are easily comparable. Cooperation should also aim at facilitating access to information on physical infrastructure, in light of national circumstances. If regulatory obligations are modified or withdrawn, the parties affected should be able to agree on the best solutions to adapt the collection and provision of physical infrastructure data to the newly applicable regulatory requirements.
Amendment 131 #
Proposal for a regulation
Recital 32
Recital 32
(32) The transparency obligation for the coordination of civil works need not apply to civil works for reasons of national security or in an emergency. This could be the case, for civil works performed if there is a risk of public danger as a result of degradation processes to civil engineering works and their associated installations, which are caused by destructive natural or human factors and are needed to ensure their safety or their demolition. For reasons of transparency, Member States should notify the types of civil works falling under those circumstances to the Commission and publish them via a single information point.
Amendment 133 #
Proposal for a regulation
Recital 36
Recital 36
(36) To ensure consistency of approaches while taking into account the divergent situation across Member States, the Commission, in close cooperation with the Body of European Regulators (BEREC), could provide guidance on applying the provisions on civil work coordination, including but not only on apportioning of costs. The views of stakeholders and particularly of national dispute settlement bodies should be duly taken into account in the preparation of the guidance to ensure as best as possible that such guidance would not be disruptive to well established principles, does not violate national dispute settlement bodies procedural rules, and would not be harmful for further very high capacity networks roll out.
Amendment 152 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to ensure uniform conditions for the implementation of Article 7 of this Regulation, 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 Council39 . The exemptions from the requirement for permits set out at Union level by way of an implementing act, that could be applied to different categories of infrastructure (such as masts, antennae, poles and underground cables) under certain specified conditions, for which building permits, digging permits or other types of permits may be initially required. They could also be applied to technical upgrades of existing maintenance works or installations, small- scale civil works, such as trenching, and renewals of permits. The Commission should carry out appropriate consultations during its preparatory work, including at expert level. _________________ 39 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 159 #
Proposal for a regulation
Recital 45
Recital 45
(45) The prospect of equipping a building with fibregigabit-ready in-building physical infrastructure, an access point or in-building fibre wiring may be considered disproportionate in terms of costs, namely for new single dwellings or buildings undergoing major renovation works. This may be based on objective grounds, such as tailor-made cost estimates, economic reasons linked to the location, or urban heritage conservation or environmental reasons (for example, for specific categories of monuments).
Amendment 160 #
Proposal for a regulation
Recital 46
Recital 46
(46) Prospective buyers and tenants should be able to identify buildings that are equipped with fibregigabit-ready in-building physical infrastructure, an access point and in-building fibre wiring and that therefore have considerable cost-saving potential. The fibre readiness of buildings should also be promoted. Member States should therefore develop a compulsory ‘fibregigabit- ready’ label for buildings equipped with such infrastructure, an access point and in- building fibre wiring in accordance with this Regulation.
Amendment 162 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to contribute to ensuring availability of gigabit networks to end users, new buildings and majorly renovated buildings should be equipped with fibregigabit- ready in-building physical infrastructure, in-building fibre wiring and, in the case of multi-dwelling buildings, an access point. Member States should have a degree of flexibility to achieve this. This Regulation, therefore, does not seek to harmonise rules on related costs, including the recovery of costs of equipping buildings with fibregigabit- ready in-building physical infrastructure, in-building fibre wiring and an access point.
Amendment 163 #
Proposal for a regulation
Recital 49
Recital 49
(49) In line with the subsidiarity principle and to take national circumstances into account, Member States should adopt the standards or technical specifications necessary for the purpose of equipping newly constructed or majorly renovated buildings with fibregigabit-ready in- building physical infrastructure and in- building fibre wiring; and new or majorly renovated multi-dwelling buildings with an access point. Those standards or technical specifications should set out at least: the building access point specifications; fibre interface specifications; cable specifications; socket specifications; specifications for pipes or micro-ducts; technical specifications needed to prevent interference with electrical cabling, and the minimum bend radius. Member States should make the issuance of building permits conditional on compliance of the relevant new building or major renovation works project requiring a building permit with the standards or technical specifications based on a certified test report. Member States should also set up certification schemes for the purpose of demonstrating compliance with the standards or technical specifications as well as for qualifying for the ‘fibre-gigabit- ready’ label. Moreover, to avoid an increase in red tape related to the certification scheme set up under this Regulation, Member States should take into account the procedural requirements applied to certification schemes pursuant to Directive 2010/31/EU and also consider the possibility to enable the combined launch of both request procedures.
Amendment 165 #
Proposal for a regulation
Recital 50
Recital 50
(50) In view of the social benefits stemming from digital inclusion and taking into account the economics of deploying very high capacity networks, where there is neither existing passive or active fibregigabit- ready infrastructure serving end users’ premises nor alternatives to providing very high capacity networks to a subscriber, any public communications network provider should have the right to terminate its network to a private premise at its own cost, provided that the impact on private property is minimised, for example, if possible, by reusing the existing physical infrastructure available in the building or ensuring full restoration of the affected areas.
Amendment 166 #
Proposal for a regulation
Recital 52
Recital 52
(52) To ensure consistency of approaches while taking into account the divergent situation across Member States, the Commission, in close cooperation with BEREC, could provide guidance on the applications of provisions on access to in- building physical infrastructure, including but not only on the terms and conditions thereof. The views of stakeholders and particularly of national dispute settlement bodies should be duly taken into account in the preparation of the guidance to ensure as best as possible that such guidance would not be disruptive to well established principles, does not violate national dispute settlement bodies procedural rules, and would not be harmful for further very high capacity networks roll out.
Amendment 177 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may maintain or introduce measures in conformity with Union law which contain more detailed provisions than thosemplement or go beyond the rights and obligations set out in this Regulation where they serve to promote the joint use of existing physical infrastructure or enable a more efficient deployment of new physical infrastructure.
Amendment 178 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. By way of exception to paragraph 3, Member States shall not maintain or introduce in their national law provisions diverging from those laid down in Article 3(3) and (6), Article 4(4), Article 5(2) and (4), Article 6(2) and Article 8(7) and (8). The exclusion of Article 5(2) shall not prevent Member States to extend provisions on civil works coordination also to privately finance civil works.
Amendment 189 #
Proposal for a regulation
Article 2 – paragraph 2 – point 2 – paragraph 1 – point a
Article 2 – paragraph 2 – point 2 – paragraph 1 – point a
(a) any element of a network that is intended to host other elements of a network without becoming an active element of the network itself, such as pipes, masts, ducts, inspection chambers, manholes, cabinets, antenna installations, towers and poles, as well as buildings or entries to buildings, rooftops and any other asset including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations;
Amendment 201 #
Proposal for a regulation
Article 2 – paragraph 2 – point 8
Article 2 – paragraph 2 – point 8
(8) ‘fibregigabit-ready in-building physical infrastructure’ means in-building physical infrastructure intended to host optical fibre or wireless elements;
Amendment 203 #
Proposal for a regulation
Article 2 – paragraph 2 – point 10
Article 2 – paragraph 2 – point 10
(10) ‘permit’ means an explicit or implicit decision or set of decisions taken simultaneously or successively by one or several competent authorities that are needed for an undertakingoperator to carry out building or civil engineering works and, after completion in some cases, their use for the intended purpose, necessary for the deployment of elements of very high capacity networks;
Amendment 204 #
Proposal for a regulation
Article 2 – paragraph 2 – point 11
Article 2 – paragraph 2 – point 11
(11) ‘ building access point’ means a physical point, located inside or outside the building, easily accessible to one or more undertakings providing or authorised to provide public electronic communications networks, where connection to the fibre- ready in-building physical infrastructure is made available.
Amendment 214 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. 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 intention to deploy very high capacity network, the elements of the physical infrastructure for which the access is requested, including a specific time frame.
Amendment 224 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. When determining prices as part of fair and reasonable terms and conditions for granting access, network operators and public sector bodies owning or controlling physical infrastructure shall take into account at least the following:
Amendment 234 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
Amendment 241 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point a
Article 3 – paragraph 3 – subparagraph 1 – point a
(a) there is a lack of technical suitability of the physical infrastructure to which access has been requested to host any of the elements of very high capacity networks referred to in paragraph 21;
Amendment 242 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point b
Article 3 – paragraph 3 – subparagraph 1 – point b
(b) there is a lack of availability of space to host the elements of very high capacity networks or associated facilities referred to in paragraph 21, including after having taken into account the future need for space of the access provider that is sufficiently demonstrated;
Amendment 246 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point c
Article 3 – paragraph 3 – subparagraph 1 – point c
(c) the existence of scientifically based safety and public health concerns;
Amendment 258 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Physical infrastructure which is already subject to access obligations imposed by national regulatory authorities or other competent authorities pursuant to Directive (EU) 2018/1972 or resulting from the application of Union State aid rules shall not be subject to the obligations set out in paragraphs 21, 32 and 4,3 for as long as such access obligations are in place.
Amendment 261 #
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 environmental protection, 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 266 #
Proposal for a regulation
Article 3 – paragraph 9
Article 3 – paragraph 9
9. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, and having taken into account well-established principles and the divergent situation across Member States the Commission may, in close cooperation with BEREC, provide guidance on the application of this Article.
Amendment 271 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 4
Article 4 – paragraph 1 – subparagraph 4
Access to the minimum information may be limited only where necessary to ensure the security of certain buildings owned or controlled by public sector bodies, the security of the networks and their integrity, national security, the security of national critical infrastructure, public health or safety, or for reasons of confidentiality or operating and business secrets.
Amendment 275 #
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 + 128 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 279 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Network operators and public sector bodies shall meet reasonable requests for on-site surveys of specific elements of their physical infrastructure upon specificwritten request of an operator. Such requests shall specify the elements of the physical infrastructure concerned with a view to deploying elements of very high capacity networks or associated facilities. On-site surveys of the specified elements of the physical infrastructure shall be granted under proportionate, non- discriminatory and transparent terms within 1 month from the date of receipt of the request, subject to the limitations set out in paragraph 1, fourth subparagraph.
Amendment 280 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Before implementing the SIP, Member States should make a preliminary inventory of existing information/databases to connect these existing sources of information.
Amendment 281 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
Paragraphs 1, 2 and 3 needshall not apply to critical national infrastructure as defined under national law.
Amendment 282 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 2 – point b
Article 4 – paragraph 4 – subparagraph 2 – point b
(b) in specific cases where the obligation to provide information about certain existing types of physical infrastructure pursuant to paragraph 1, first subparagraph, would be disproportionate, on the basis of a detailed cost-benefit analysis conducted by Member States and based on a consultation with stakeholders.
Amendment 284 #
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 3
Article 4 – paragraph 4 – subparagraph 3
Amendment 291 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Any public sector body or network operator when performing or planning to perform directly or indirectly civil works, which are fully or partially financed by public means, shall meet any reasonable written request to coordinate those civil works under transparent and non- discriminatory terms made by operators with a view to deploying elements of very high capacity networks or associated facilities.
Amendment 296 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – point b
Article 5 – paragraph 3 – subparagraph 1 – point b
(b) the requesting undertaking failed to express its intention to deploy very high capacity networks in the area referred to in point (a) in any of the most recent procedures among those concerns an area referred to in point (a) and the procedures listed in that point covering the period during which the request for coordination is made.
Amendment 298 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
If a request to coordinate is considered unreasonable on the basis of the first subparagraph, the undertaking providing or authorised to provide public electronic communications networks refusing the coordination of civil works shall deploy physical infrastructure with sufficient capacity at least to host the same network elements as being deployed by the refusing party to accommodate possible future reasonable needs for third-party access.
Amendment 302 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Paragraphs 2 and 3 needshall not apply to civil works that are limited in scope, such as in terms of value, size or duration, or for critical national infrastructure. Member States shall identify the type of civil works considered to be limited in scope or related to critical national infrastructure based on duly justified and proportionate reasons. Information on such types of civil works shall be published via a single information point and notified to the Commission.
Amendment 303 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, and having taken into account well-established principles and the divergent situation across Member States the Commission may, in close cooperation with BEREC, provide guidance on the application of this Article.
Amendment 310 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
Operators shall have the right to access the minimum information referred to in the first subparagraph in electronic format, upon request, via the single information point. The request for access to information shall be submitted in electronic format, via the single information point and shall specify the area in which the requesting operator envisages deploying elements of very high capacity networks or associated facilities. Within 12 week from the date of the receipt of the request for information, the requested information shall be made available under proportionate, non- discriminatory and transparent terms. Access to the minimum information may be limited or refused only to the extent necessary to ensure the security of the networks and their integrity, national security, the security of critical infrastructure, public health or safety, confidentiality or operating and business secrets.
Amendment 314 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Paragraph 1 needshall not apply to information on civil works limited in scope, such as in terms of value, size or duration, in the case of critical national infrastructure, or for reasons of national security or emergency. Member States shall identify, based on duly justified and proportionate reasons, the types of civil works that would be considered limited in scope or concern critical national infrastructure, as well as the emergencies or the reasons of national security that would justify not being subject to the obligation to provide information. Information on such civil works excluded from transparency obligations shall be published via a single information point and notified to the Commission.
Amendment 317 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Competent authorities shall make available all information on the conditions and, procedures applicable for granting permits, including rights of way, including any information on exemptions on some or all permits or rights of way required under national or Union law and ways to submit applications in electronic format and retrieve information on the status of the application, via a single information point in electronic format.
Amendment 320 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 368 #
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. This implementing act shall be adopted without prejudice to additional exemptions that may be imposed by Member States. This implementing act shall be adopted by [DATE OF ENTRY INTO FORCE +6 MONTHS], in accordance with the examination procedure referred to in Article 13.
Amendment 374 #
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Competent authorities shall not subject the deployment of elements referred to in paragraph 8 to any individual town planning permit or other individual prior permits. By way of derogation, competent authorities may require permits for the deployment of elements of very high capacity networks or associated facilities on buildings or sites of architectural, historical, religious environmental or natural value protected in accordance with national law or where necessary for public safety reasons.
Amendment 380 #
Proposal for a regulation
Article 7 – paragraph 11 a (new)
Article 7 – paragraph 11 a (new)
11a. The Commission should monitor the effective enforcement of the provisions of this Article at Member State level. Member States should report annually to the Commission whether the deadlines are met.
Amendment 386 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. All buildings at the end user’s location, including elements under joint ownership, newly constructed or undergoing major renovation works, for which applications for building works permits have been submitted after [ENTRY INTO FORCE + 12 MONTHS], shall be equipped with a fibregigabit-ready in-building physical infrastructure up to the network termination points as well as with in- building fibre wiring.
Amendment 394 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. By [ENTRY INTO FORCE + 12 MONTHS], all buildings at the end-users’ location, including elements thereof under joint ownership, undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall be equipped with a fibregigabit-ready in-building physical infrastructure, up to the network termination points, as well as with in- building fibre wiring. All multi-dwelling buildings undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall also be equipped with an access point.
Amendment 406 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘fibregigabit-ready’ label.
Amendment 408 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Member States shall set up certification schemes for the purpose of demonstrating compliance with the standards or technical specifications referred to in paragraph 4 as well as for qualifying for the ‘fibre'gigabit-ready’ label provided for in paragraph 5 before [ENTRY INTO FORCE + 12 months]. Member States shall make the issuance of the building works permits referred to in paragraphs 1 and 2 conditional upon compliance with the standards or technical specifications referred to in this paragraph on the basis of a certified test report. , and the use permits of the building for the intended purpose after works are finished on the basis of a certified test report which could include on-site inspection of buildings or a representative sample of them.
Amendment 411 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Paragraphs 1, 2 and 3 shall not apply to certain categories of buildings, in particular single-dwelling buildings, where compliance with those paragraphs is disproportionate, in particular in terms of costs for individual or joint owners based on objective elements. Member States shall identify such categories of buildings based on duly justified and proportionate reasons.
Amendment 412 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Paragraphs 1, 2 and 3 need not apply to certain types of buildings, such as specific categories of monuments, historic buildings, military buildings and buildings used for national security purposes, as defined by national law. Member States shall identify such categories of buildings based on duly justified and proportionate reasons. Information on the criteria and conditions applied to identify such categories of buildings shall be published via a single information point and notified to the Commission.
Amendment 414 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Subject to paragraph 3, first subparagraph, any public electronic communications network provider shall have the right to roll out its network at its own costs up to the building access point.
Amendment 417 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Any holder of a right to use the building access point and the in-building physical infrastructure shall meet all reasonable written requests for access to the building access point and the in-building physical infrastructure from public electronic communications network providers under fair and non- discriminatory terms and conditions, including price, where appropriate.
Amendment 420 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
Any holder of a right to use the building access point or the in-building physical infrastructure may refuse access where access to in-building fibre wiringphysical infrastructure is provided pursuant to obligations imposed under Directive (EU) 2018/1972, under Title II, Chapters II to IV, or made available under fair, reasonable and non- discriminatory terms and conditions, including price.
Amendment 424 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In the absence of available fibregigabit- ready in-building physical infrastructure, every public electronic communications network provider shall have the right to terminate its network at the premises of the subscriber, subject to the agreement of the subscriber, provided that it minimises the impact on the private property of third parties.
Amendment 426 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. This Article shall be without prejudice to the right to property of the owner of the building access point or the in-building physical infrastructure where the holder of a right to use that infrastructure or building access point is not the owner thereof, and to the right to property of other third parties, such as landowners and building owners.
Amendment 428 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. This Article is without prejudice to the right of Member States to maintain or introduce measures falling outside the scope of this Regulation, such as access obligations for in-building cables.
Amendment 429 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, and having taken into account well-established principles and the divergent situation across Member States the Commission may, in close cooperation with BEREC, provide guidance on the application of this Article.
Amendment 430 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Member States, before implementing the Single Information point, shall conduct a survey in order to identify existing relevant databases to take them into account in order to avoid duplication.
Amendment 432 #
Proposal for a regulation
Article 10 – paragraph 3 b (new)
Article 10 – paragraph 3 b (new)
3b. Member States shall ensure adequate technical, financial and human resources to support the roll-out and the digitalisation of single information points. The cost driven from the setting-up of the single national digital entry point, single information points and related digital tools needed to comply with provisions in Articles 4, 6 and 7 of this Regulation, may be fully or partly eligible for financial support under Union funds, such as the European Regional Development Fund, the Digital Europe Programme, and the Recovery and Resilience Facility.
Amendment 433 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) where access to existing infrastructure is refused or agreement on specific terms and conditions, including price, has not been reached within 12 month from the date of receipt of the request for access under Article 3;
Amendment 437 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 – point b
Article 11 – paragraph 2 – subparagraph 1 – point b
(b) within onetwo months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, points (b), (c) and (d).
Amendment 438 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Those deadlines may only be extended in exceptional circumstances duly substantiated by the competent national dispute settlement body.
Amendment 440 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The national dispute settlement body shall act independently and objectively, including in the development of internal procedures and the organisation of staff, shall operate in a transparent and accountable manner in accordance with Union law, and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. The national dispute settlement body shall be legally distinct, and functionally independent of any network operator and any public sector body owning or controlling physical infrastructure involved in the dispute. Member States that retain ownership or control of network operators shall ensure effective structural separation of the functions related to the national dispute settlement procedures and those of the single information point from activities associated with ownership or control. Only appeal bodies shall have the power to suspend or overturn decisions of the national regulatory authorities.
Amendment 443 #
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. The competent bodies shall exercise their powers impartially, transparently and in a timely manner. Member States shall ensure that they shall have adequate technical, financial and human resources to carry out the tasks assigned to them. In order to fulfil their tasks, competent bodies may be fully or partly eligible for financial support under Union funds, such as the European Regional Development Fund, the Digital Europe Programme, and the Recovery and Resilience Facility.
Amendment 447 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. By [DATE OF ENTRY INTO FORCE + 5 YEARS], the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation. The report shall include a summary of the impact of the measures set out in this Regulation and an assessment of the progress towards achieving its objectives, including in particular its impact on the objective of a fast and extensive deployment of very high capacity networks, in rural, insular and remote areas, such as islands and mountainous and sparsely-populated regions, and whether and how the Regulation could further contribute to achieving the connectivity targets set out in the Decision establishing the Digital Decade Policy Programme 2030.