Activities of Rebecca HARMS related to 2007/0247(COD)
Plenary speeches (2)
Electronic communications networks and services (A6-0272/2009, Catherine Trautmann)
Electronic communications networks and services (A6-0272/2009, Catherine Trautmann)
Amendments (56)
Amendment 124 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Radio frequencies are the property of Member States. It is within the competence of Member States to ensure the management of radio frequencies. They should be considered a scarce public resource, which has an important public and marketeconomic value. It is in the public interest that spectrum is managed as efficiently and effectively as possible from an social, cultural, economic, social and environmental perspective and that obstacles to its efficient use are progressivegradually withdrawn.
Amendment 125 #
Recital 22
(22) TIn applying the spectrum management provisions of this Directive should be consistent with the Member States should act in compliance with the legal framework of international and regional organisations dealing with radio 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 of and, where appropriate, harmonisation of the use of spectrum across the Community and globally.
Amendment 128 #
Recital 28
(28) 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. Exceptions should be allowed to the principle of service neutralityOn the other hand, measures should be allowed 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 the 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 by Member States in conformity with Community law. Except where necessary to protect safety of life or, exceptionally, to fulfil other general interest objectives, exceptionmeasures should not result in certain services having exclusive use, but should rather grant them priority so that, insofar as possible, other services or technologies may coexist in the same band.
Amendment 129 #
Proposal for a directive – amending act
Recital 19a (new)
Recital 19a (new)
(19a) Although spectrum management remains within the competence of the Member States, coordination at Community level can ensure that spectrum users derive the full benefits of the internal market and that EU interests can be effectively defended world-wide.
Amendment 130 #
Recital 60
(60) In particular, the Commission should be empowered to adopt Recommendations and/or implementing measures in relation to the notifications under Article 7 of the Framework Directive; harmonisation in the fieldsharmonisation in the fields of numbering and of general authorisations for the use of spectrum and numbering as well as in matters related to security of networks and services; the identification of the relevant product and service markets; the identification of trans-national markets; the implementation of standards and the harmonised application of the provisions of the regulatory framework. Power should also be conferred on the Commission to adopt implementing measures to update Annexes I and II to the Access Directive to market and technological developments. Since those measures are of general scope and are designed to amend non-essential elements of these Directives, inter alia by supplementing them with new non- essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 133 #
Article 1 – point 8 – point b a (new)
Directive 2002/21/EC
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 133 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) Flexibility in spectrum management and access should be increased through technology- and service- neutral authorisations to let spectrum users choose the best technologies and services to apply in a frequency bands available to electronic communication services as identified in national frequency allocation tables and in the ITU Radio regulations (hereinafter referred to as the ‘principles of technology- and service neutrality’). The administrative determination of technologies and services should become the exception and should be clearly justified and subject to regular periodic reviewapply when general interest objectives are at stake.
Amendment 134 #
Article 1 – point 8 – point f a (new)
Directive 2002/21/EC
Article 8 – paragraph 4 – point fa (new)
Article 8 – paragraph 4 – point fa (new)
(fa) in paragraph 4, point (fa) shall be inserted: “(fa) applying the principle that end-users should be able to access and distribute any content and use any applications and/or services of their choice;”
Amendment 135 #
Article 1 – point 8 – point f b (new)
Directive 2002/21/EC
Article 8 – paragraph 4 – point f b (new)
Article 8 – paragraph 4 – point f b (new)
Amendment 136 #
Proposal for a directive – amending act
Recital 21
Recital 21
(21) ExcepRestrictions to the principle of technology neutrality should be limiappropriated and justified by the need to avoid harmful interference, for example by imposing emission masks and power levels, or to ensure the protection of public health by limiting public exposure to electromagnetic fields or to ensure proper sharing of spectrum, in particular where its use is only subject to general authorisations, or where strictly necessary to comply with an exception to the principle of service neutralityto comply with an general interest objective in conformity with Community law.
Amendment 138 #
Proposal for a directive – amending act
Recital 22
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 ofOn the other hand, spectrum use may also be explicitly assigned to the provision of a specific service or through a specific servicetechnology 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 media policy objectives such as 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.
Amendment 144 #
Article 1 – point 9
Directive 2002/21/EC
Article 8a
Article 8a
Strategic planning and coordination of radio spectrum policy in the European Union 1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the European UnionCommunity. To this end, they shall take into consideration, inter alia, the economic, safety, health, public interest, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference. 2. By cooperating with each other and with the Commission, Member States shall promote the coordination of radio spectrum policy approaches in the European UnionCommunity and, where appropriate, harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market in electronic communications.. 3. Member States shall promotWhere necessary to ensure the effective coordination of the EU interests of the European Community in international organisations competent in radio spectrum matters. Whenever necessary for promoting this effective coordination, the Commission, taking utmost account of the opinion of the Radio Spectrum Policy Group (RSPG) established by Commission Decision 622/2002/EC of 26 July 2002 establishing a Radio Spectrum Policy Group, may propose common policy objectives to the European Parliament and the Council. 4. The Commission, taking utmost account of the opinion of the RSPGC, may submit legislative proposals to the European Parliament and the Council for establishing multiannual radio spectrum policy programmes. Such programmes shall set out the policy orientations and objectives for the strategic planning, coordination and harmonisation of the use of radio spectrum in the Community in accordance with the provisions of this Directive and the Specific Directives.
Amendment 146 #
Article 1 – point 11
Directive 2002/21/EC
Article 9b – paragraph 2 a (new)
Article 9b – paragraph 2 a (new)
2a. The Commission may adopt appropriate implementing measures to identify the bands for which usage rights may be transferred or leased between undertakings. These measures shall not cover frequencies which are used for broadcasting. These technical implementing measures, 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).
Amendment 146 #
Proposal for a directive – amending act
Recital 23
Recital 23
(23) It lies within the competence of the Member States to define the scope and nature of any exception regarding the promotion ofassignment of radio frequencies to ensure the promotion of cultural and media policy objectives such as cultural and linguistic diversity and media pluralism in accordance with their own national law. , internationally agreed radio frequency plans and general principles of Community law.
Amendment 149 #
Article 2 – point 3 – point aa (new)
Directive 2002/19/EC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(aa) in paragraph 1, point (a) shall be replaced by: "(a) to the extent that is necessary to ensure end-to-end connectivity or fair and reasonable access to third-party services and applications, obligations on undertakings that control access to end- users, including in justified cases the obligation to interconnect their networks and to provide access where this is not already the case or to make their services interoperable on fair, transparent and reasonable terms."
Amendment 151 #
Article 2 – point 7 – point a
Directive 2002/19/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
1. National regulatory authorities may, in accordance with the provisions of Article 8, impose obligations for transparency in relation to interconnection and/or access, requiring operators to make public specified information, such as accounting information, technical specifications, network characteristics, terms and conditions for supply and use, including the purpose and effect of traffic management policies, and prices.
Amendment 153 #
Proposal for a directive – amending act
Recital 24
Recital 24
Amendment 155 #
Proposal for a directive – amending act
Recital 26
Recital 26
Amendment 156 #
Proposal for a directive – amending act
Recital 27
Recital 27
(27) For internal market purposes, it may also be necessary to harmonise at Community level the identification of tradable frequency bands, the conditions for tradability or for the transition to tradable rights in specific bands, a minimum format for tradable rights, requirements to ensure central availability, accessibility, and reliability of information necessary for spectrum tradingidentify tradable frequency bands, requirements to ensure central availability, accessibility and requirements to protect competition and to prevent spectrum hoarding. The Commission, in accordance with the Radio Spectrum Decision (676/2002/EC), should therefore be given the power to adopt implementing measure for that harmonisation. Such implementing 1 measures should take due account of whether individual rights of use have been granted on a commercial or non- commercial basis. OJ L 108, 24.4.2002, p.1.
Amendment 162 #
Article 3 – point 1
Directive 2002/20/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The following definitions shall also apply: "general authorisation" means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive; "pan-European wireless electronic communications network or service" means a wireless electronic communications network or service available in a majority of Member States.
Amendment 165 #
Article 3 – point 3 a (new)
Directive 2002/20/EC
Article 6 a (new)
Article 6 a (new)
(4a) Article 6a shall be inserted: “Article 6a Harmonisation measures 1. Without prejudice to Article 5(1) and(2) of this Directive and Article 9 of Directive 2002/21/EC (Framework Directive), the Commission may adopt implementing measures: (a) to identify radio frequency bands, the use of which is to be made subject to general authorisation; (b) to harmonise procedures for the granting of general authorisations for numbers to undertakings providing pan- European electronic communications networks or services; (c) to harmonise the conditions specified in Annex II relating to the granting to undertakings providing pan- European electronic communications networks or services of general authorisations These measures, designed to amend nonessential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22 (3) of Directive 2002/21/EC Framework Directive). 2. The measures referred to in paragraph1 may, where appropriate, provide for the possibility for the Member States to make a reasoned request for a partial exemption and/or a temporary derogation from those measures. The Commission shall assess the justification for the request, taking into account the specific situation in the Member State, and may grant a partial exemption or temporary derogation or both provided this does not unduly defer the implementation of the implementing measures referred to in paragraph 1 or create undue differences in the competitive or regulatory situations between Member States.”
Amendment 167 #
Annex – point 2 – point h
Directive 2002/21/EC
Annex – part A – point 19
Annex – part A – point 19
19. Transparency obligations on undertakings providing electronic communications services available to the public to ensure end-to-end connectivity, including unrestricted access to and distribution of content, services and applications, in conformity with the objectives and principles set out in Article 8 of Directive 2002/21/EC (Framework Directive), disclosure regarding traffic management policies and, where necessary and proportionate, access by national regulatory authorities to such information needed to verify the accuracy of such disclosure.
Amendment 173 #
Proposal for a directive – amending act
Recital 43
Recital 43
(43) The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the vertically integrated operator’s own downstream divisions. Functional separation has the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier for compliance with non- discrimination obligations to be verified and enforced. In exceptional cases, it may be justified as a remedy where there has been persistent failure toit would support in achieveing effective non- discrimination in several of the markets concernedmarkets, and where there is little or no prospect of infrastructureffective competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinated analysis of different relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When performing the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.
Amendment 182 #
Proposal for a directive – amending act
Recital 47 a (new)
Recital 47 a (new)
(47a) Where it is necessary to adopt harmonisation measures for the implementation of the Community’s electronic communications and spectrum policy which go beyond technical implementing measures, the Commission shall submit a legislative proposal to the European Parliament and the Council.
Amendment 186 #
Proposal for a directive – amending act
Recital 49
Recital 49
Amendment 189 #
Proposal for a directive – amending act
Recital 50
Recital 50
Amendment 198 #
Proposal for a directive – amending act
Recital 59
Recital 59
(59) Measures necessary for the implementation of the Framework, Access and Authorisation Directives should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. Measures which may have a negative impact on cultural and media policy objectives as defined by Member States should not be taken by the European Commission in the form of implementing measures.
Amendment 201 #
Proposal for a directive – amending act
Recital 60
Recital 60
(60) In particular, power should be conferred on the Commission to adopt implementing measures in relation to the notifications under Article 7 of the Framework Directive; the harmonisation in the fields of spectrum and numbering as well as in matters related to security of networks and services; the identification of trans-national markets; the implementation of the standards; the harmonised application of the provisions of the regulatory framework. Power should also be conferred to adopt implementing measures to update Annexes I and II to the Access Directive to market and technological developments and for adopting implementing measures to harmonise the authorisation rules, procedures and conditions for the authorisation of electronic communications networks and services. Since those measures are of general scope and are designed to supplement these Directives by the addition of new non- essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. When, on imperative grounds of urgency, the normal time limits for this procedure cannot be complied with, the Commission should be able to use the urgency procedure provided for in Article 5a(6) of the above DecisionSince those measures are of general scope and are designed to supplement these Directives by the addition of new non- essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. Given that the conduct of the regulatory procedure with scrutiny within the normal time limits could, in certain exceptional situations, impede the timely adoption of implementing measures, the European Parliament, the Council and the Commission should act speedily in order to ensure the timely adoption of those measures.
Amendment 222 #
Proposal for a directive – amending act
Article 1 – point 2 – point e a (new)
Article 1 – point 2 – point e a (new)
Directive 2002/21/EC
Article 2 – point sa (new)
Article 2 – point sa (new)
(ea) In Article 2, the following point is added: "(sa) ‘publicly available’ means available to the general public upon acceptance of commercial terms."
Amendment 281 #
Proposal for a directive – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 2002/21/EC
Article -7a (new)
Article -7a (new)
Amendment 294 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/21/EC
Article 7a - paragraph 2
Article 7a - paragraph 2
2. The measures referred to in paragraph 1, 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). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). BERT shall be consulted on any urgency procedure.
Amendment 315 #
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2002/21/EC
Article 8a (new)
Article 8a (new)
Amendment 321 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Taking account of the fact that radio frequencies are a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio spectrum for electronic communication services in their territory in accordance with Article 8. They shall ensure that the allocation and assignment of such radio spectrum by national regulatory authorities are based on objective, transparent, non-discriminatory and proportionate criteria.
Amendment 344 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point d
Article 9 – paragraph 3 – subparagraph 2 – point d
(d) comply with a restrifulfil a general interest objectionve in accordance with paragraph 4 below.
Amendment 348 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
4. Unless provided in the second subparagraph or in the measures pursuant to Article 9c, Member States shall ensure that all types of electronic communication services may be provided in the radio frequency band openavailable to electronic communication services as identified in their national frequency allocation tables and in the ITU Radio Regulations. The Member States may, however, provide for proportionate and non-discriminatory restrictions formeasures relating to the types of electronic communications services to be provided.
Amendment 359 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective 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 or the provision of radio and television broadcasting services.
Amendment 360 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Amendment 365 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
A restrictionmeasure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to avoid harmful interference.
Amendment 367 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest objective as defined in national legislation in conformity with Community law, such as the promotion of cultural and linguistic diversity and media pluralism.
Amendment 370 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. It lies within the competence of the Member States to define the scope and nature of any exception.
Amendment 391 #
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, including deliverythe provision of a radio ofr broadcasting services, an application for reassessment can only be made in respect ofthe right to use the part of the radio frequencies which is necessary forallocated to the fulfilment of suchthat objective shall remain unchanged until its expiry. The part of the radio frequencies which may 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 withshall be subject to a new assignment procedure in accordance with Article 9(3) and (4) of this Directive and Article 7(2) of the Authorisation Directive.
Amendment 400 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 4 a (new)
Article 9 a – paragraph 4 a (new)
4a. It shall lie within the competence of the Member States to define the scope, nature and duration of measures intended for the promotion of cultural and media policy objectives, such as cultural and linguistic diversity and media pluralism, in accordance with their own national law.
Amendment 429 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – introductory wording
Article 9c – paragraph 1 – introductory wording
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 adopttake appropriate technical implementing measures to:
Amendment 434 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -a (new)
Article 9c – paragraph 1 – point -a (new)
(-a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance with Article 9;
Amendment 440 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -aa (new)
Article 9c – paragraph 1 – point -aa (new)
(-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies;
Amendment 447 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point a
Article 9c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be directly transferred or leased between undertakings, excluding radio frequencies intended by Member States to be used for broadcasting services;
Amendment 460 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1 – point d
Article 9c – paragraph 1 – point d
Amendment 472 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1a (new)
Article 9c – paragraph 1a (new)
These implementing measures shall be without prejudice to measures taken at Community or national level, in compliance with Community law, to pursue general interest objectives, in particular measures relating to content regulation and audio-visual policy.
Amendment 479 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 2
Article 9c – paragraph 2
Thoese measures 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). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). In the implementation of the provisions of thispoints (a) to (c) of paragraph 1, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC]RSPC.
Amendment 552 #
Proposal for a directive – amending act
Article 1 – point 15 – point b
Article 1 – point 15 – point b
Directive 2002/21/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
(b) Paragraph (3)3 is deleted. replaced by: "Where an undertaking has significant market power on a specific market and where the links between the two markets are such as to allow the market power held in one market to be leveraged into the other market, thereby strengthening the market power of the undertaking, remedies aimed at identifying or preventing such leverage may be applied in the linked market in accordance with Articles 9, 10, 11 and 13 of [access directive], and in the event that these are insufficient, Article 17 of [citizens rights directive]."
Amendment 595 #
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 4 – point a
Article 19 – paragraph 4 – point a
(a) Consistent implementation of regulatory approaches, including regulatory treatment of newservices with a single market dimension, such as the provision of multi-national business services;
Amendment 614 #
Proposal for a directive – amending act
Article 1 – point 26
Article 1 – point 26
Directive 2002/21/EC
Annexes I and II
Annexes I and II
(26) Annexes I and II are deleted. I is deleted and Annex II is replaced by the following: "ANNEX II Criteria to be used by national regulatory authorities in making an assessment of joint dominance in accordance with Article 14(2), second subparagraph Two or more undertakings can be found to be in a joint dominant position within the meaning of Article 14 if, even in the absence of structural or other links between them, they operate in a market which is characterised by a lack of effective competition and in which no single undertaking has significant market power. Without prejudice to the case law of the Court of Justice on joint dominance, this is likely to be the case where the market is concentrated and exhibits a number of appropriate characteristics of which the following may be the most relevant in the context of communications: - [...] - low elasticity of demand - [...] - similar market shares - [...] - high legal or economic barriers to entry - vertical integration with collective refusal to supply - lack of countervailing buyer power - lack of potential competition - [...] The above is an indicative list and is not exhaustive, nor are the criteria cumulative. Rather, the list is intended to illustrate only the sorts of evidence that could be used to support assertions concerning the existence of joint dominance."
Amendment 625 #
Proposal for a directive – amending act
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Directive 2002/19/EC
Article 2 – point e
Article 2 – point e
(1a) In Article 2, point (e) is replaced by the following: "(e) "local loop" means the physical circuit connecting the network termination point [...] to a distribution frame or equivalent facility in the fixed public electronic communications network, where the connection can technically be accessed."
Amendment 631 #
Proposal for a directive – amending act
Article 2 – point 3 – point -a (new)
Article 2 – point 3 – point -a (new)
Directive 2002/19/EC
Article 5 – paragraph 1 – subparagraph 2 – point a
Article 5 – paragraph 1 – subparagraph 2 – point a
(-a) Point (a) of the second subparagraph of paragraph 1 is replaced by the following: "(a) to the extent that is necessary to ensure end-to-end connectivity and access to services, obligations on undertakings that control access to end-users, including in justified cases the obligation to interconnect their networks on fair and reasonable terms where this is not already the case;"
Amendment 739 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) fulfil other objectives of general interest in compliance with Community law as defined by each Member State.
Amendment 808 #
Proposal for a directive – amending act
Article 3 – point 8 – point a
Article 3 – point 8 – point a
Directive 2002/20/EC
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
In this regard, Member States shall empower the relevant authorities to impose: (a) dissuasive financial penalties where appropriate. The measures and the reasons on which they are based shall be communicated to the undertaking concerned without delay and shall stipulate a reasonable period for the undertaking to, which may include periodic penalties having retroactive effect; and (b) orders to cease provision of a service or bundle which would result in a significant detriment to competition, pending complyiance with the measure. access obligations imposed following a market analysis under Article 16.