Activities of Ivo BELET related to 2007/0247(COD)
Plenary speeches (1)
Electronic communication networks and services (debate)
Amendments (48)
Amendment 25 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Radio frequencies are the property of Member States. They should be considered a scarce public resource that 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social, cultural, economic, social and environmental perspective and that obstacles to its efficient use are gradually withdrawn.
Amendment 27 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) Flexibility in spectrum management and access to spectrum 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 communications services as identified in national frequency allocation tables and in the International Telecommunication Union (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 30 #
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 a general interest objective in conformity with Community law.
Amendment 39 #
Proposal for a directive – amending act
Recital 24
Recital 24
Amendment 42 #
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 to the European Parliament and the Council a legislative proposal.
Amendment 49 #
Proposal for a directive – amending act
Article 1 – point 8 - point e
Article 1 – point 8 - point e
Directive 2002/21/EC
Article 8 – paragraph 4 – point g a (new)
Article 8 – paragraph 4 – point g a (new)
(ga) ensuring that undertakings providing electronic communications services and networks cooperate with the sectors concerned with the protection and promotion of lawful content on electronic communications services and networks.
Amendment 53 #
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2002/21/EC
Article 8 a (new)
Article 8 a (new)
Amendment 56 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
(d) comply with a restrithe fulfilment of a general interest objectionve in accordance with paragraph 4 below.
Amendment 58 #
Proposal for a directive – 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 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 band open to electronic communicationsavailable to electronic communication services as identified in their national frequency allocation tables and in the International Telecommunication Union (ITU) Regulations.. The Member States may, however, provide for proportionate and non-discriminatory restrictions tomeasures for the types of electronic communications services to be provided. .
Amendment 62 #
Proposal for a directive – 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 66 #
Proposal for a directive – 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 68 #
Proposal for a directive – 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 be regularly review the necessity of the restrigeneral interest objectionves referred to in paragraphs 3 and 4.
Amendment 77 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 - introductory part
Article 9 c – paragraph 1 - introductory part
In order to contribute to the development of the internal market and without prejudice to Article 8a of this Directive, for the achievement of the principles of this Article, the Commission may adopt appropriate technical implementing measures to:
Amendment 79 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point -a (new)
Article 9 c – 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 82 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point -aa (new)
Article 9 c – paragraph 1 – point -aa (new)
(-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies;
Amendment 84 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point a
Article 9 c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be directly transferred or leased between undertakings, excluding radiofrequencies planned by Member States for broadcasting services;
Amendment 86 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point d
Article 9 c – paragraph 1 – point d
Amendment 88 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 2
Article 9 c – 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 points (a) to (c) of this paragraph, the Commission shallmay be assisted by the Authority in accordance with Article 10 Regulation […/EC]RSPC.
Amendment 122 #
Proposal for a directive – amending act
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should encourage stakeholders to enter into cooperation arrangements to enable online services to run smoothly and to make for a high level of user confidence. In particular, electronic communications network and/or service providers and other stakeholders should be encouraged to work together to promote lawful content and protect content online. Cooperation of this kind, extending beyond the regulatory framework without undermining it, could take the practical form of, for example, codes of conduct drawn up by, after being negotiated and approved among, the parties concerned. Such codes are already provided for in principle in many Community instruments, including for instance the Directive on electronic commerce (Directive 2000/31/EC, Article 16), the Directive on the enforcement of intellectual property rights (Directive 2004/48/EC, Article 17), and the Directive on the protection of personal data (Directive 95/46/EC, Article 27). Cooperation among stakeholders along such lines is essential in order to promote online content, and European cultural content in particular, and to unleash the potential of the information society.
Amendment 126 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Radio frequencies are the property of Member States. 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 134 #
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 137 #
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 154 #
Proposal for a directive – amending act
Recital 24
Recital 24
Amendment 168 #
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 in exceptional cases where existing remedies fail to achieve the objectives set out in Article 8 of the Framework Directive, 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 competiIt may be justified as a remedy where persistent failure to achieve effective non- discrimination in several relevantof the 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 to achieve effectiveconcerned has been proven, and where there is little or no prospect of infrastructure competition within a reasonable timeframe after the implementation of one or more remedies previously considered to be appropriate in line with best practice of the European National Regulatory Authorities for implementing and enforcing non- discrimination in several of the markets concerned, and where there is little or no prospect of infrastructure competition within a reasonable timeframe after recoobligations. When assessing the prospect of infrastructure competition, existing infrastructure competition in certain geographic parts of an area for which functional separation would apply and technological developments that have enabled infrastructurse to one or more remedies previously considered to be appropriate. However, it iscompetition in comparable circumstances elsewhere should be fully taken into account. It is moreover 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 183 #
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 308 #
Proposal for a directive – amending act
Article 1 – point 8 – point e a (new)
Article 1 – point 8 – point e a (new)
Directives 2002/21/EC
Article 8 – paragraph 4 – point ga (new)
Article 8 – paragraph 4 – point ga (new)
(ea) In paragraph 4, point is added: "(ga) ensuring that undertakings providing electronic communications services and networks cooperate with the sectors concerned in relation to the protection and promotion of lawful content on electronic communications services and networks”.
Amendment 316 #
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 345 #
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 349 #
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 361 #
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 366 #
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 371 #
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 restrigeneral interest objectionves referred to in paragraphs 3 and 4.
Amendment 427 #
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 433 #
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 Article 9;
Amendment 439 #
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 446 #
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 465 #
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 471 #
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 687 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 1 – subparagraph 1
Article 13a – paragraph 1 – subparagraph 1
1. A national regulatory authority may, in accordance with the provisions of Article 8, and in particular the second subparagraph of Article 8(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of access products in an independently operating business unit. where:
Amendment 691 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 1 – subparagraph 2
Article 13a – paragraph 1 – subparagraph 2
Amendment 693 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point a
Article 13a – paragraph 2 – point a
(a) evidence that the imposition of appropriate obligations amongst those identified in Articles 9-13 to achieve effective competition following a co- ordinated analysis of the relevant markets in accordance with the market analysis procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) has failed and would fail on a persistent basis to achieve effective competition at retail level and that there are important and persisting competition problems/market failures identified in several of these product markets, and in particular a persistent failure to achieve effective non-discrimination in several of the markets concerned.
Amendment 694 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point aa (new)
Article 13a – paragraph 2 – point aa (new)
(aa) the national regulatory authority has taken all steps necessary to enforce the appropriate obligations from those set out in Articles 9 to 13, taking into account best practices of the European national regulatory authorities, and sufficient time has elapsed for those steps to take full effect;
Amendment 695 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point ab (new)
Article 13a – paragraph 2 – point ab (new)
(ab) there is little or no prospect of infrastructure competition within a reasonable timeframe;
Amendment 696 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point ac (new)
Article 13a – paragraph 2 – point ac (new)
(ac) the regulatory authority can demonstrate that the costs resulting from the obligation to be imposed on the undertaking, including the expected impact on the regulatory authority, on the incentives of the undertaking to invest in its network, on other stakeholders and in particular on infrastructure competition, and the potential consequent effects on consumers, are significantly lower than the resulting benefits;
Amendment 698 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – subparagraph 1 – introductory wording
Article 13a – paragraph 2 – subparagraph 1 – introductory wording
2. WThen a national regulatory authority intends to impose an obligation for functional separation, it shall submit a request to the Commission that includ separated business unit shall supply access products and services to all undertakings, including other business units within the parent company, in accordance with the same time frames, on the same terms and conditions, including with regard to price and service levels, and by means of the same systems and processes.
Amendment 701 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point a
Article 13a – paragraph 2 – point a
(a) evidence that the imposition of appropriate obligations amongst those identified in Articles 9-13 to achieve effective competition following a co-ordinated analysis of the relevant markets in accordance with the market analysis procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) has failed and would fail on a persistent basis to achieve effective competition and that there are important and persisting competition problems/market failures identified in several of these product markconditions listed in paragraph 1 have been mets.
Amendment 704 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point b
Article 13a – paragraph 2 – point b
Amendment 708 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point c
Article 13a – paragraph 2 – point c