BETA

25 Amendments of Jacques TOUBON related to 2007/0247(COD)

Proposal for a directive – amending act
Recital 16 a (new)

(16a) The spectrum management provisions of this directive should be consistent with the work of the international and regional organisations dealing with radioelectric spectrum management, such as the International Telecommunications Union (ITU) and the European Conference of Postal and Telecommunications Administrations (CEPT), so as to ensure the efficient management and harmonisation of use of the spectrum across the Community and globally.

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Recital 22

(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. It should be possible for exceptions to the principle of service neutrality which require the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include the promotion of cultural and linguistic diversity and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequencies.

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Recital 50

~~(50) In order to ensure equal treatment, no spectrum users should be exempted from the obligation to pay standard fees or charges for use of the spectrum.~~deleted

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 8 – sub-point e a (new)

Directive 2002/21/EC
Article 8 – paragraph 4 – point g a (new)

(8a) In paragraph 4, the following point is added: '(ga) ensuring cooperation between undertakings providing electronic communications networks and services and the sectors concerned with the protection and the promotion of lawful content over electronic communications networks and services.'

2008/05/08
Committee: JURI

Proposal for a directive – amending act
Recital 60 a (new)

(60a) It is the responsibility of the Member States to encourage cooperation arrangements between the parties concerned in order to promote efficient on-line services and a high level of consumer confidence. In particular, companies supplying electronic communications networks and/or services and other stakeholders should be encouraged to cooperate so as to promote legal content and on-line content protection. Such cooperation could for example be achieved on a wider scale without detracting from the regulatory framework by the drafting of negotiated and agreed codes of conduct between stakeholders. The introduction of such codes of conduct has already been envisaged in numerous Community instruments, for example Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the internal market (Directive on electronic commerce)1, Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights2, or Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data3. Such cooperation between stakeholders is essential to promoting on-line content, in particular European cultural content and realise the potential of the information society. 1 JO L 178, 17.7.2000, p. 1. 2 JO L 157, 30.4.2004, p. 45. 3 JO L 281, 23.11.1995.

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 6

Directive 2002/21/EC
Article 6 a (new)

Article 6 a Procedure for the consistent implementation of proposed solutions. 1. When a national regulatory authority seeks to take a measure imposing, amending or withdrawing an obligation to be met by an operator under Article 16, together with Articles 5 and 9 to 13, and Articles 13 a and 13 b of Directive 2002/19/EC (Access Directive) and Article 17 of Directive 2002/22/EC (Universal Service Directive), the Commission and the national regulatory authorities of the other Member States shall have a one-month deadline following the date of notification of the draft measure to forward their observations to the national regulatory authority concerned. 2. If the proposed measure involves the imposition, amendment or withdrawal of an obligation other than those laid down in Articles 13 a and 13 b of Directive 2002/19/EC (Access Directive), the Commission may, within the same period, notify the national regulatory authority concerned and the Body of European Regulators in Telecommunications - BERT) of the reasons for which it considers that the proposed measure is obstructing the internal market or if it has serious doubts regarding its compatibility with Community law. In this case, adoption of the proposed measure shall be postponed for a further two months following notification of the Commission. In the absence of such a notification, the national regulatory authority concerned may adopt the proposed measure taking account of all observations by the Commission or any other national regulatory authority. 3. During the two-month deadline laid down in paragraph 2, the Commission, the BERT and the national regulatory authority concerned shall cooperate closely in order to identify the most effective and appropriate measure to take regarding the objectives set out in Article 8, while taking account of the opinions of market operators and the need to ensure consistent regulatory practices. Within the same two-month period, the BERT may, by simple majority, adopt a reasoned opinion confirming the advisability and effectiveness of the proposed measure or indicate whether it should be modified, forwarding all specific proposals to this effect. This opinion shall be made public. If the opinion by the BERT indicates that the proposed measure must be amended, the Commission may, taking full account of this opinion, adopt a reasoned decision requiring the national regulatory authority concerned to amend the proposed measure, forwarding specific proposals to this effect. If the opinion by the BERT confirms the suitability and effectiveness of the proposed measure, the national regulatory authority concerned may adopt the proposed measure taking full account of all the recommendations by the Commission and the BERT. 4. If the proposed measure concerns the imposition, amendment or withdrawal of an obligation under Articles 13 a and 13 b of Directive 2002/19/EC (Access Directive), the adoption of the proposed measure shall be postponed by a further two months after expiry of the deadline set in Article 7(3). During the two-month period in question, the Commission, the BERT and the national regulatory authority concerned shall cooperate closely in order to identify the most suitable and effective measure to achieve the objectives set out in Article 8, taking account of the opinions of the market operators and the need to ensure consistent regulatory practices. During the same two-month period, the BERT may, by simple majority, issue a reasoned opinion confirming the suitability and effectiveness of the draft measure or indicate that it should not be implemented. This opinion shall be made public, Only after confirmation by the Commission and the BERT, of the suitability and effectiveness of the proposed measure, may the national regulatory authority concerned adopt the proposed measure, taking full account of all the recommendations by the Commission and BERT. 5. Within three months from adoption by Commission of a reasoned decision under paragraph 3 requiring the national regulatory authority concerned to amend the proposed measure, the national regulatory authority should amend or withdraw the proposed measure. If the proposed measure is amended the national regulatory authority shall carry out public consultation pursuant to Article 6 and refer the amended proposed measure back to the Commission pursuant to Article 7.

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 6

Directive 2002/21/EC
Article 7 – paragraph 4 – point c

(c) imposing, amending or withdrawing an obligation on an operator in application of Article 16 in conjunction with Articles 5 and 9 to 13 of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive),deleted

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 6

Directive 2002/21/EC
Article 7 – paragraph 6

6. Within three months of the Commission issuing a decision in accordance with paragraph 5 requiring the national regulatory authority to withdraw a draft measure, the national regulatory authority shall amend or withdraw the draft measure. If the draft measure is amended, the national regulatory authority shall undertake a public consultation in accordance with the procedures referred to in Article 6, and re-notify the amended draft measure to the Commission in accordance with the provisions of paragraph 3.deleted

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 6

Directive 2002/21/EC
Article 7 – paragraph 8

8. Where a draft measure has been amended in accordance with paragraph 6, the Commission may take a decision, requiring the national regulatory authority to impose a specific obligation under Articles 9 to 13a of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive) within a given time-limit. In so doing, the Commission shall pursue the same policy objectives as set out for national regulatory authorities in Article 8. The Commission shall take the utmost account of the opinion of the Authority submitted in accordance with Article 6 of Regulation […./EC], in particular in elaborating the details of the obligation(s) to be imposed.deleted

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 6

Directive 2002/21/EC
Article 7 – paragraph 9

9. The national regulatory authority shall communicate to the Commission all final measures which fall under ~~conditions a) and b) in~~ Article 7(3).

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 8 − point (e)

Directive 2002/21/EC
Article 8 – paragraph 4 – point g b (new)

(gb) ensuring that undertakings providing electronic communications networks and services cooperate with the sectors interested in the protection and promotion of lawful content in electronic communication networks and services.

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 8 − point (e)

Directive 2002/21/EC
Article 8 – paragraph 4 – point g c (new)

(gc) introducing consultation platforms including representatives of all stakeholders, in particular consumers and eligible parties. These platforms shall set out the principles for the resolution of disputes between users, access suppliers and content producers under national law.

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1

Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of electronic communications services may be provided in the radio frequency bands ~~open~~available to electronic communications services as identified on the national allocation networks and under ITU radio broadcasting regulations. The Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided.

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2

Restrictions that require a electronics communication service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective set out under national legislation in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism.

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3

A restriction which prohibits the provision of any other electronic communication service in a specific band may only be provided for where justified by the need to protect safety of life services.

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 10

Directive 2002/21/EC
Article 9a – paragraph 1 – subparagraph 1

1. For a period of five years starting on [~~1 January 2010~~date of transposition], Member States ~~shall~~may ensure that holders of rights to use radio frequencies which were granted before that date may for a period of five years submit an application to the competent national regulatory authority for a reassessment of the restrictions to their rights in accordance with Article 9(3) and (4).

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 10

Directive 2002/21/EC
Article 9a – 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 of the part of the radio frequencies which is necessary for the fulfilment of such objective. 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 DirectiveThis article does not apply to restrictions introduced by the Member States in order to promote cultural and media policy objectives, for example cultural and linguistic diversity and media pluralism.

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 10

Directive 2002/21/EC
Article 9a – 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 of~~including the supply of broadcasting services, the right to use the part of the radio frequencies which is necessary for the fulfilment of such objective remains unchanged until 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~~ shall be included in a new assignment procedure pursuant to Article 9(3) and (4) of this directive and Article 7(2) of Directive 2002/20/EC (the Authorisation Directive).

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 10

Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 1

1. Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c ~~without the prior consent of~~ provided that the transfer or lease is in accordance withe national ~~regulatory authority~~procedures and that the change does not affect the service provided within this frequency band.

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 1 – point 10

Directive 2002/21/EC
Article 9c

In order to contribute to the development of the internal market, and without prejudice to Article 8a, for the achievement of the principles of this Article, the Commission may adopt appropriate technical implementing measures to: (a) harmonise the identification of the bands for which usage rights may be transferred or leased between undertakings; (b) harmonise the conditions attached to such rights and the conditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or lease(-a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance with the procedure set out in Annex IIa; (-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies in accordance with the procedure set out in Annex IIa; (a) identify the bands for which usage rights may be transferred or leased between undertakings, excluding radio frequencies allocated or planned by Member States for broadcasting services; (b) harmonise the conditions attached to such rights; (c) harmonise the specific measures to ensure fair competition where individual rights are transferred; (d) create an exception to the principle of services or technology neutrality, as well as to harmonise the scope and nature of any exceptions to these principles in accordance with Article 9(3) and (4) other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism. These measures. These implementing measures are without prejudice to measures taken at Community or national level, in compliance with Community law, to pursue general interest objectives, and in particular those relating to the promotion of cultural and linguistic diversity and media pluralism. Measures adopted pursuant to points (a) to (c) of the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). OIn ~~imperative grounds of urgency, the~~ the implementation of the Commission may use the urgency provisions of this paragraph, the procedure referred to in Article Commission may be assisted by the RSCP. 22(4). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC].

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 1 – introduction

Member States shall ~~not mak~~facilitate 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 to~~within the framework of the general authorisation. Member States may grant individual rights in order to:

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5

~~Any~~Where individual rights to use radio frequencies ~~that is~~are granted for ten years or more and ~~that~~ may not be transferred or leased between undertakings as allowed by Article 9b of the Framework Directive ~~shall, every five years and for the first time five years after its issuance, be subject to a review in the light of the criteria in paragraph 1. If the criteria to grant individual rights of use~~, the national regulatory authority must ensure that it has the means to verify that the criteria to grant individual rights of use continue to apply and to be respected for the duration of the licence. If these criteria are no longer applicable, the individual right of use shall be changed into a general authorisation for the use of radio frequencies, subject to prior notice ~~of not more than five years from the conclusion of the review~~and after a reasonable deadline, or shall be made freely transferable or leaseable between undertakings. When such a decision is taken, due account shall be taken of the need to accord a suitable period for return on investments.

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 3 – point 5

Directive 2002/20/EC
Article 6a – paragraph 1 – point c

~~(c) to harmonise procedures for the granting of general authorisations or individual rights of use for radio frequencies or numbers;~~deleted

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Article 3 – point 5

Directive 2002/20/EC
Article 6b

Common selection procedure for issuing 1. The technical implementing measure referred to in paragraph 6a(1)(f) may provide for the Authority to make proposals for the selection of undertaking(s) to which individual rights of use for radio frequencies or numbers are to be granted, in accordance with Article 12 of Regulation [..]. In such cases, the measure shall specify the period within which the Authority shall complete the selection, the procedure, rules and conditions applicable to the selection, and details of any charges and fees to be imposed on the holders of rights for use of radio frequencies and/or numbers, in order to ensure the optimal use of spectrum or numbering resources. The selection procedure shall be open, transparent, non-discriminatory and objective. 2. Taking the utmost account of the opinion of the Authority, the Commission shall adopt a measure selecting the undertaking(s) to which individual rights of use for radio frequencies or numbers shall be issued. The measure shall specify the time within which such rights of use shall be issued by the national regulatory authorities. In so doing, the Commission shall act in accordance with the procedure referred to in Article 14a(2).deleted rights

2008/05/14
Committee: IMCO

Proposal for a directive – amending act
Annex II – point 1

Directive 2002/20/EC
Annex II – paragraph 1 – point d

(d) the method of determining usage fees for the right of use of the radio frequencies, without prejudice to the mechanisms adopted by the Member States to replace the user fee obligation with the obligation to fulfil specific general interest objectives;

2008/05/14
Committee: IMCO