Activities of Lambert van NISTELROOIJ related to 2007/0247(COD)
Plenary speeches (1)
Electronic communication networks and services (debate)
Amendments (20)
Amendment 107 #
Proposal for a directive – amending act
Recital 4 a (new)
Recital 4 a (new)
(4a) The requirement for national regulatory authorities to make regulation as far as possible technologically neutral does not prevent the appropriate differentiation between regulation of existing copper-based networks and newly built networks such as high-speed fibre- based access networks. Asymmetric ex ante price and access regulation relates to the ownership of specific technical assets and should not automatically be extended to newly build - or still to be build - networks that no longer rely on ‘legacy’ elements stemming from the former monopoly.
Amendment 109 #
Proposal for a directive – amending act
Recital 4 b (new)
Recital 4 b (new)
(4b) Innovation and the timely and competitive roll out of high-speed next generation networks able to satisfy future customer demand for more bandwidth and more services should be a priority reflected in the Directives to ensure that EU citizens will continue to fully participate in the global information society. It is therefore necessary to differentiate the regulatory approach between legacy and new networks, avoiding inappropriate regulatory obligations on undertakings providing new services and/or networks, such as high-speed fibre access networks, which require important investments and where demand is subject to high uncertainty, in particular in areas where competitive platforms are present. A new regulatory approach to access to NGA-networks should provide incentives for investment in NGA-networks and at the same time favour competition by granting access to such networks where infrastructure competition is not viable. This reflects the ongoing dynamic development of new access opportunities in the field of electronic communications and the need for stable regulatory conditions for investment decisions, with the aim of providing incentives for all market players to innovate and invest in new access networks and new downstream markets.
Amendment 165 #
Proposal for a directive – amending act
Recital 33
Recital 33
(33) Where there is a need to agree on a common set of security requirements, power should be conferred on the Commission to adopt technical implementing measures to achieve an adequate level of security of electronic communications networks and services in the internal market where industry led self regulatory initiatives have not achieved an adequate level of security in the internal market in one or more Member States. Where technical implementing measures are deemed necessary, a cost reimbursement scheme at national level is required. The Authority should contribute to the harmonization of appropriate technical and organisational security measures by providing expert advice. National regulatory authorities should have the power to issue binding instructions relating to the technical implementing measures adopted pursuant to the Framework Directive. In order to perform their duties, they should have the power to investigate and to impose penalties in cases of non-compliance.
Amendment 239 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2002/21/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. Those undertakings shall also be required to submit information concerning future network or service developments that could have an impact on the wholesale services made available to competitors. These undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority shall give the reasons justifying its request for information and respect Community and national law on business confidentiality.
Amendment 244 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 6 – subparagraph 1
Article 6 – subparagraph 1
Except in cases falling within Articles 7(10), 20, or 21, and unless otherwise provided in the implementing measures adopted pursuant to Article 9c, Member States shall ensure that, where national regulatory authorities intend to take measures in accordance with this Directive or the Specific Directives which have a significant impact on the relevant market, or where they intend to provide for restrictions in accordance with Article 9(3) and 9(4), they give interested parties the opportunity to comment on the draft measure within a reasonable period that shall not be less than 8 weeks.
Amendment 378 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Member States shall ensure the release of digital dividend spectrum, which will ensure better access to the information society for all.
Amendment 394 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 2
Article 9 a – paragraph 2
2. Where the right holder mentioned in paragraph 1 is a provider of radio or television broadcast content services, and the right to use radio frequencies has been granted for the fulfilment of a specific general interest objective, an application for reassessment can only be made in respect ofthe right to use the part of the radio frequencies which is necessary for the fulfilment of suchthat objective shall remain unchanged until its expiry. The part of the radio frequencies which becomes unnecessary for the fulfilment of that objective as a result of application of Article 9(3) and (4) shall be subject to a new assignment procedure in conformity with Article 7 (2) of the Authorisation Directiveshall be subject to a new assignment procedure in accordance with Article 9(3) and (4) of this Directive and Article 7(2) of Directive 2002/20EC (the Authorisation Directive). Member States shall ensure that all necessary preconditions for the rapid achievement of the aims set out in Article 9(7) are met, and that the time frame referred to in this paragraph is respected.
Amendment 424 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c
Article 9c
Amendment 510 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Measures taken by a national regulatory authority in accordance with paragraph 1 shall be objective, transparent, and proportionatenon- discriminatory and proportionate and taken in accordance with the procedure laid down in Article 7.
Amendment 519 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 2
Article 13 a – paragraph 2
2. Member States shall ensure that undertakings providing public communications networks take all necessaryppropriate steps to ensure the integrity of their networks so as to ensure the continuity of supply of services provided over those networks. Member States shall ensure that national regulatory authorities regularly consult with undertakings in order to ensure that appropriate steps have been taken to ensure security or integrity.
Amendment 521 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 3 – subparagraph 1
Article 13 a – paragraph 3 – subparagraph 1
3. Member States shall ensure, where appropriate, that undertakings providing public communications networks or publicly available electronic communications services notify the national regulatory authority of any serious breach of security or integrity that had a significant impact on the operation of networks or services.
Amendment 524 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 3 – subparagraph 2
Article 13 a – paragraph 3 – subparagraph 2
Where appropriate, the national regulatory authority concerned shall inform the national regulatory authorities in other Member States and the Authority. Where disclosure of the breach is in the public interest, the national regulatory authority may inform the public.
Amendment 531 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 3 – subparagraph 3
Article 13 a – paragraph 3 – subparagraph 3
Every three monthsyear, the national regulatory authority shall submit a summary report to the Commission on the notifications received and the action taken in accordance with this paragraph.
Amendment 540 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 4 – subparagraph 2
Article 13 a – paragraph 4 – subparagraph 2
These implementing measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the procedure referred to in Article 22(3) where industry- led self-regulatory initiatives have not achieved an adequate level of security in the internal market in one or more Member States. On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).
Amendment 548 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 b – paragraph 4 a (new)
Article 13 b – paragraph 4 a (new)
4a. Member States shall ensure that a cost reimbursement scheme is made available to undertakings providing public communications networks or publicly available electronic communications services where the Commission adopts technical implementing measures under Article 13a(4).
Amendment 581 #
Proposal for a directive – amending act
Article 1 – point 17 ca (new)
Article 1 – point 17 ca (new)
Directive 2002/21/EC
Article 16 – paragraph 7a (new)
Article 16 – paragraph 7a (new)
(ca) The following paragraph is inserted: "7a. Notwithstanding the regular review provided for in paragraph 6, national regulatory authorities may issue decisions on remedies for a period of longer than two years where this is required to provide investors in next generation access networks with the necessary long term regulatory certainty."
Amendment 723 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – introductory wording
Article 5 – paragraph 1 – introductory wording
1. Member States shall not makfacilitate the use of radio frequencies subject to the granting of individual rights of use but shall include the conditions for usage of such radio frequencies in the general authorisation, unless it is justified tounder general authorisation, given that thorough analysis has confirmed that the principle of granting individual rights of use is unnecessary in order to:
Amendment 820 #
Proposal for a directive – amending act
Annex I – point 3 – point g
Annex I – point 3 – point g
Directive 2002/20/EC
Annex I – part A – point 19
Annex I – part A – point 19
Amendment 825 #
Proposal for a directive – amending act
Annex I – point 4 – point d
Annex I – point 4 – point d
Directive 2002/20/EC
Annex I – part B – point 7
Annex I – part B – point 7
7. Voluntary commitments which the undertaking obtaining the usage right has made in the course of a competitive or comparative selection procedure. If such a commitment corresponds de facto to one or more of the obligations listed in Articles 9 to 13a of Directive 2002/19/EC, that commitment shall be considered as having expired by 1 January 2010 at the latest.
Amendment 828 #
Proposal for a directive – amending act
Annex II
Annex II
Directive 2002/20/EC
Annex II
Annex II