8 Amendments of Tom BERENDSEN related to 2023/0046(COD)
Amendment 322 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Any operator shall have the right to submit, via a single information point in electronic format, applications for permits or rights of way and to retrieve information applications for permits or rights of way in electronic format. Permit granting authorities shall upon request inform applicants about the status of itstheir application without unnecessary delay.
Amendment 328 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The competent authorities shall, within 15 working days from its receiptout unnecessary delay, reject applications for permits, including for rights of way, for which the minimum information has not been made available via a singlethe dedicated information point, pursuant to Article 6(1) first subparagraph, by the same operator which applies for that permit., if this operator has an obligation to allow coordination for those civil works pursuant to Article 5 second paragraph;
Amendment 332 #
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 4 months from the date ofout unnecessary delay following the receipt of a complete permit application in accordance with national law.
Amendment 339 #
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 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 completeout unnecessary delay and in accordance with national law.
Amendment 345 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 4
Article 7 – paragraph 5 – subparagraph 4
Amendment 357 #
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 4 month period from the date ofout necessary delay following the receipt of the application.
Amendment 362 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. In the absence of a response from the competent authority within the 4- month deadline referred to in paragraphs 5 first subparagraph, and unless such deadline is extended pursuant to paragraph 5 fourth subparagraph, the permit shall be deemed to have been granted. This shall also apply in the case of rights of way referred to in paragraph 6deadlines of administrative procedures laid down on national level the competent authority shall justify the delay to the applicant on its own motion. This article shall be without prejudice to the possibility of Member States to introduce further incentives for competent authorities to speed up the permit granting procedure.
Amendment 369 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The Commission shall, by means of an implementing act, specafter consulting relevant stakeholders, identify categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject toMember States shall consider to exempt from any permit- granting procedure within the meaning of this Article. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 13Member States shall notify and consult relevant competent local authorities before any infrastructure identified as exempt from any permit- granting procedures is constructed.