5 Amendments of Margarita DE LA PISA CARRIÓN related to 2023/0046(COD)
Amendment 213 #
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 and at prices not exceeding the administrative costs. Such written requests shall specify the elements of the physical infrastructure for which the access is requested, including a specific time frame.
Amendment 223 #
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, and to avoid excessive prices, network operators and public sector bodies owning or controlling physical infrastructure shall take into account the following:
Amendment 243 #
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 251 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
In the event of a refusal to provide access, the network operator or the public sector body owning or controlling physical infrastructure shall communicate to the access seeker, in writing, the specific and detailed reasons which should be objective and, when relevant, scientifically based, for such refusal within 1 month5 days from the date of the receipt of the complete request for access.
Amendment 255 #
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 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 2, 3 and 4, for as long as such access obligations are in place. Therefore, the symmetric access obligation pursuant to the GIA regulation should be taken into account by NRAs, among other factors, as a starting point for considering whether to impose the ex- ante SMP regulation. In case GIA consideration might not suffice to address infrastructure market situation, NRAs should duly justify this assessment.