87 Amendments of Francisca PLEGUEZUELOS AGUILAR related to 2007/0247(COD)
Amendment 207 #
Proposal for a directive – amending act
Article 1 – point -2 (new)
Article 1 – point -2 (new)
Directive 2002/21/EC
Article 2 – point a
Article 2 – point a
(-2) Article 2, point (a) is replaced by the following: "(a) "electronic communications network" means transmission systems and, where applicable, switching or routing equipment and other resources or non-active network elements which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit- and packet- switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;"
Amendment 208 #
Proposal for a directive – amending act
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 2002/21/EC
Article 2 – point b
Article 2 – point b
b) “transnational markets” means markets identified in accordance with Article 15(4) covering the Community or a substantial part thereof located in more than one Member State;
Amendment 209 #
Proposal for a directive – amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2002/21/EC
Article 2 – point d
Article 2 – point d
d) “public communications network” means an electronic communications network used wholly or mainly for the provision of electronic communications services available to the public which support the transfer of information between network termination points, including network elements which are not active;
Amendment 211 #
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2002/21/EC
Article 2 – point e
Article 2 – point e
e) “associated facilities” means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, identity, location and presence capabilities, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings;
Amendment 219 #
Proposal for a directive – amending act
Article 1 – point 2 – point e
Article 1 – point 2 – point e
Directive 2002/21/EC
Article 2 – point s
Article 2 – point s
s) “harmful interference” means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international and Community or national regulations.
Amendment 224 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/21/EC
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
3. Member States shall ensure that national regulatory authorities exercise their powers independently, impartially and transparently. National regulatory authorities responsible for ex-ante market regulation shall not seek or take instructions from any other body in relation to the day-to-day performance of the tasks assigned to them under national law implementing Community law. Only appeal bodies set up in accordance with Article 4 or national courts shall have the power to suspend or overturn decisions by the national regulatory authorities.
Amendment 227 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/21/EC
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
Member States shall ensure that the head of a national regulatory authority as mentioned above or his/her replacement may be dismissed only if he no longer fulfils the conditions required for the performance of his duties laid down in advance in national law, or if he has been guilty of serious misconduct. The decision to dismiss the head of the national regulatory authority shall contain a statement of reasons and be made public at the time of dismissal.
Amendment 233 #
Proposal for a directive – amending act
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2002/21/EC
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Pending the outcome of any the appeal, the decision of the national regulatory authority shall stand, unless interim measures are granted. Interim measures may be granted, in accordance with the relevant national legislation, if there is an urgent need to suspend the effect of the decision in order to prevent serious and irreparable damage to the party applying for those measures and the balance of interests so requires.
Amendment 236 #
Proposal for a directive – amending act
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2002/21/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall collect information on the subject of appeals, the number of requests for appeal, the duration of the appeal proceedings, and the number of decisions to grant interim measures taken in accordance with paragraph 1 and the. Member States shall, in reaspons for such decisions. Member States shalle to a reasoned request, make available such information to the Commission and the European Communications Market Authority (hereinafter referred to as 'the Authority') on an annual basis.
Amendment 243 #
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), and when they have a significant impact on the relevant market, they give interested parties the opportunity to comment on the draft measure within a reasonable period of not less than six weeks.
Amendment 247 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 2
Article 7 – paragraph 2
2. National regulatory authorities shall contribute to the development of the Internal Market by working with the Commission and the Authority so as to BERT so as to attain the objectives set in Article 8 and to ensure the consistent application, in all Member States, of the provisions of this Directive and the Specific Directives. To this end, they shall, in particular, work with the Commission and the AuthorityBERT to identify the types of instruments and remedies best suited to address particular types of situations in the marketplace.
Amendment 250 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
3. Except where otherwise provided in implementing provisions adopted pursuant to Article 7a, upon completion of the consultation referred to in Article 6, or before completion if the NRA so decides for exceptional reasons, where a national regulatory authority intends to take a measure which:
Amendment 261 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Within the two month period referred to in paragraph 4, the Commission may take a decision requiring the national regulatory authority concerned to withdraw the draft measure. The Commission shall take the utmost account of the opinion of the Authority submitted in accordance with Article 5 of Regulation [……/EC] before issuing a decision. The decisin relation to an intended measure covered by paragraph 4(a) and 4(b) of this article requiring the national regulatory authority concerned to withdraw the draft measure and/or, if appropriate, issue a recommendation concerning an intended measure covered by Article 4(c). The Commission shall take the utmost account of the opinion of the BERT before issuing a decision and/or recommendation. The decision and/or recommendation shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted together with specific proposals for amending the draft measure.
Amendment 268 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Within threesix 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.
Amendment 270 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The national regulatory authority concerned shall take the utmost account of comments of other national regulatory authorities and the Commission and may, except in cases covered by paragraph 4(a) and 4(b), adopt the resulting draft measure and, where it does so, shall communicate it to the Commission. Any other national body exercising functions under this Directive or the Specific Directives shall also take the utmost account of the comments of the Commission. If the NRA decides not to adopt the intended measures on the basis of the recommendation adopted for paragraph 5, it shall publish the reasons and justifications for its decision and notify the Commission.
Amendment 272 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 277 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 9
Article 7 – paragraph 9
Amendment 285 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/21/EC
Article 7a - paragraph 1
Article 7a - paragraph 1
1. The Commission may lay down implementing provFollowing the public consultation and the consultation with the national regulatory authorities, the Commissions in relation to Article 7 may adopt a recommendation that defines the form, content and level of details to be given in the notifications required in accordance with Article 7(3), the circumstances in which notifications would not be required, and the calculation of the time limits.
Amendment 290 #
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
Amendment 319 #
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. Member States shall ensure the effective management of radio frequencies for electronic communication services in their territory in accordance with Article 8. They shall ensure that the allocation and assignment of such radio frequencies by national regulatory authorities are based on objective, transparent, non discriminatory and proportionate criteria, which take account of international provisions and public policy considerations.
Amendment 329 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9(c)c, Member States shall ensure thatpromote the use of all types of radio network or wireless access technology may be used in the radio frequency bands open to electronic communications services in accordance with their national frequency tables and taking account as far as possible of regulations in this area issued by international telecommunications bodies.
Amendment 333 #
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 a
Article 9 – paragraph 3 – subparagraph 2 – point a
(a) avoid the possibility of harmful interference,
Amendment 338 #
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 c
Article 9 – paragraph 3 – subparagraph 2 – point c
(c) ensure maximisation of radio frequencies sharing where the use of frequencies is subject to a general authorisationcourage the efficient use and ensure the effective management of radio frequencies, together with technical service quality,
Amendment 352 #
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 otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall encourage measures to ensure that all types of electronic communications services may be provided in the radio frequency bands open to electronic communications. The Member States may, however, provide for proportionate and non discriminatory restrictions to the types of electronic communications services to be provided. In accordance with the national frequency tables and, where appropriate, the provisions of the International Telecommunications Union (ITU).
Amendment 357 #
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 telecommunications 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, the need to ensure adequate service quality for end-users or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism and the provision of radio and television broadcasting services.
Amendment 389 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 1 – subparagraph 3
Article 9 a – paragraph 1 – subparagraph 3
If the right holder withdraws his application, the right shall remain unchanged until its expiry or till the end of the 5 year period, whichever is the earlier date.
Amendment 398 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 4
Article 9 a – paragraph 4
Amendment 405 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 1
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 and in accordance withe national regulatory authoritystatutory procedures.
Amendment 412 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 2
Article 9b – paragraph 1 – subparagraph 2
In other bands, Member States may also make provision for undertakings to transfer or lease individual rights to use radio frequencies to other undertakings, in accordance with national statutory procedures.
Amendment 417 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 2
Article 9b – paragraph 2
2. Member States shall ensure that an undertaking’s intention to transfer rights to use radio frequencies is notified to the national regulatory authority responsible for spectrum assignment and is made public. Where radio frequency usespecific conditions for the use of a radio frequency have been established at national level or hasve been harmonised through the application of the Radio Spectrum Decision or other Community measures, any such transfer shall comply with suchthe conditions laid down for harmonised use.
Amendment 444 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – subparagaph 1 – point a
Article 9c – subparagaph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings, excluding frequencies assigned by Member States to radio and television services;
Amendment 452 #
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – subparagaph 1 – point b
Article 9c – subparagaph 1 – point b
Amendment 458 #
Proposal for a directive – amending act
Article 1 - point 10
Article 1 - point 10
Directive 2002/21/EC
Article 9c – subparagraph 1 – point c
Article 9c – subparagraph 1 – point c
Amendment 466 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – subparagraph 1 – point d
Article 9c – subparagraph 1 – point d
d) create an exception toharmonise the identification of the bans to which the principles of services or technology neutrality apply, 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 pluralisms, as well as the provision of broadcasting services.
Amendment 486 #
Proposal for a directive – amending act
Article 1 – point 11 – point a
Article 1 – point 11 – point a
Directive 2002/21/EC
Article 10 – paragraph 2
Article 10 – paragraph 2
‘2. National regulatory authorities shall ensure that national numbering plans and procedures are applied in a manner that gives equal treatment to all providers of publicly available electronic communications services. In particular, Member States shall ensure that an undertaking assigned a range of numbers does not discriminate against other providers of electronic communications services as regards the number sequences used to give access to their services.’
Amendment 494 #
Proposal for a directive – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Directive 2002/21/EC
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
4. Member States shall supportpromote harmonisation in numbering within the Community, if it is technically and economically feasible, where that promotes the functioning of the internal market or supports the development of pan-European services. The Commission may take appropriate technical implementing measures on this matter in respect of pan-European services, which may include establishing tariff principles for specific numbers or number ranges. The implementing measures may grant the Authority specific responsibilities in the application of those measures.
Amendment 498 #
Proposal for a directive – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Directive 2002/21/EC
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
The 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).
Amendment 499 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/21/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
acts on the basis of simple, transparent and publicly available procedures, applied without discrimination and without delay, and in any event makes its decision within foursix months of the application, and
Amendment 527 #
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 528 #
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
Amendment 539 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 4 – subparagraph 1
Article 13 a – paragraph 4 – subparagraph 1
4. The Commission, taking the utmost account of the opinion of the Authority issued in accordance with Article 4(3)(b) of Regulation […./EC], may adopt appropriate technical implementing measures with a view to harmonising the measures referred to in paragraphs 1, 2, and 3, including measures defining the circumstances, format and procedures applicable to notification requirements.
Amendment 541 #
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). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).
Amendment 544 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 b – paragraph 2 – point a
Article 13 b – paragraph 2 – point a
(a) provide information needed to assess the security and integrity of their services and networks, including documented security policies; and
Amendment 546 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 b – paragraph 2 – point b
Article 13 b – paragraph 2 – point b
(b) instruct a qualified independent bodyrequest the undertakings concerned, at their own expense, to carry out a security and integrity audit and make the results thereof available to the national regulatory authority.
Amendment 547 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 b – paragraph 3
Article 13 b – paragraph 3
3. Member States shall ensure that national regulatory authorities have all the powers necessary to investigate cases of non- compliance, together with the effects on the security and integrity of the networks.
Amendment 558 #
Proposal for a directive – amending act
Article 1 – point 16 – point d
Article 1 – point 16 – point d
Directive 2002/21/EC
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
4. TAfter consulting the national regulatory authorities, the Commission may, taking the utmost account of the opinion of the AuthorityBERT submitted in accordance with Article 7 of Regulation […/EC], adopt a Decision identifying transnational markets.
Amendment 559 #
Proposal for a directive – amending act
Article 1 – point 16 – point d
Article 1 – point 16 – point d
Directive 2002/21/EC
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
This Decision, 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).
Amendment 561 #
Proposal for a directive – amending act
Article 1 – point 17 – point a
Article 1 – point 17 – point a
Directive 2002/21/EC
Article 16 – paragraph 1
Article 16 – paragraph 1
1. National regulatory authorities shall carry out an analysis of the relevant markets taking account of those listed in the Recommendation, and taking the utmost account of the Guidelines. Member States shall ensure that this analysis is carried out, where appropriate, in collaboration with the national competition authorities.
Amendment 562 #
Proposal for a directive – amending act
Article 1 – point 17 – point aa (new)
Article 1 – point 17 – point aa (new)
Directive 2002/21/EC
Article 16 – paragraph 4
Article 16 – paragraph 4
(aa) Paragraph 4 is replaced by the following: ‘4. Where a national regulatory authority determines that a relevant market is not effectively competitive, except in the case of new and developing markets, it shall identify undertakings with significant market power on that market in accordance with Article 14 and shall impose on such undertakings the appropriate specific regulatory obligations referred to in paragraph 2 of this article or maintain or amend such obligations where they already exist, taking into account the scope of the relevant geographical markets and, where appropriate, eliminating transitory access obligations on the road to deregulation of these markets. In determining these obligations, the national regulatory authority shall take account of the aim of promoting effective investment in infrastructure and encouraging competition between services provided by competing platforms, while encouraging investment in new and competitive infrastructures, as a way of achieving sustainable competition in networks and services in the long term which will make it possible, when the time comes, to relax the transitory access obligations, while, at the same time, maintaining the ex ante regulatory obligations which in any case will be applicable to infrastructures installed by undertakings enjoying special or exclusive rights and which are still benefiting from those investments.’
Amendment 565 #
Proposal for a directive – amending act
Article 1 – point 17 – point b
Article 1 – point 17 – point b
Directive 2002/21/EC
Article 16 – paragraph 5 – subparagraph 1
Article 16 – paragraph 5 – subparagraph 1
5. In the case of transnational markets identified in the Decision referred to in Article 15(4), the Commission shall request the AuthorityBERT, after consulting the national regulatory authorities concerned, to conduct the market analysis taking the utmost account of the Guidelines and deliver an opinion on any imposition, maintenance, amendment or withdrawal of regulatory obligations as referred to in paragraph 2 of this Article.
Amendment 567 #
Proposal for a directive – amending act
Article 1 – point 17 – point b
Article 1 – point 17 – point b
Directive 2002/21/EC
Article 16 – paragraph 5 – subparagraph 2
Article 16 – paragraph 5 – subparagraph 2
The Commission, taking the utmost account of the opinion of the Authority, may issue a decision designating one or more undertakings as having significant market power on that market, and imposing one or more specific obligations under Articles 9 to 13a of Directive 2002/19/EC (Access Directive) and Article 17 of Directive 2002/22/EC (Universal Servnational regulatory authorities concerned shall impose, maintain, amend or withdraw the obligations referred to in paragraph 2 of this article Directive). In so doing, the Commission shall pursue the policy objectives set out in Article 8in a coordinated manner.
Amendment 571 #
Proposal for a directive – amending act
Article 1 – point 17 – point b
Article 1 – point 17 – point b
Directive 2002/21/EC
Article 16 – paragraph 6 – point a
Article 16 – paragraph 6 – point a
(a) within twohree years from a previous notification of a draftat most from the adoption of measures relating to that market;
Amendment 574 #
Proposal for a directive – amending act
Article 1 – point 17 – point b
Article 1 – point 17 – point b
Directive 2002/21/EC
Article 16 – paragraph 6 – point b
Article 16 – paragraph 6 – point b
(b) for markets not previously notified to the Commission, within onetwo years at most from the adoption of a revised Recommendation on relevant markets, or;
Amendment 577 #
Proposal for a directive – amending act
Article 1 – point 17 – point b
Article 1 – point 17 – point b
Directive 2002/21/EC
Article 16 – paragraph 6 – point c
Article 16 – paragraph 6 – point c
(c) for Member States that have newly joined the Union, within onetwo years at most from their accession.
Amendment 579 #
Proposal for a directive – amending act
Article 1 – point 17 – point c
Article 1 – point 17 – point c
Directive 2002/21/EC
Article 16 – paragraph 7
Article 16 – paragraph 7
Amendment 586 #
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Without prejudice to Article 9 of this Directive and to Articles 6 and 8 of Directive 2002/20/EC (Authorisation Directive), where the Commission finds that divergences in the implementation by national regulatory authorities of the regulatory tasks specified in this Directive and the Specific Directives may create a barrier to the internal market, the Commission may, taking the utmost account of the opinion of the AuthorityBERT, if any, issue a recommendation or a decision on the harmonised application of the provisions in this Directive and the Specific Directives in order to further the achievement of the objectives set out in Article 8.
Amendment 590 #
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 592 #
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 615 #
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 2002/19/EC
Article 2 – point a
Article 2 – point a
‘(a) “access” means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non- exclusive basis, for the purpose of providing electronic communications services, or delivering information society services or broadcast content servicesto other undertakings so authorised in accordance with Article 4 of Directive 2002/20/EC (Authorisation Directive). It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services; and access to virtual network services.’
Amendment 626 #
Proposal for a directive – amending act
Article 2 – point 2
Article 2 – point 2
Directive 2002/19/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
‘1. Operators of public communications networks shall have a right and, when requested by other undertakings so authorised in accordance with Article 4 of Directive 2002/20/EC (Authorisation Directive), an obligation to negotiate interconnection with each other for the purpose of providing publicly available electronic communications services or delivering broadcast content or information society services, in order to ensure provision and interoperability of services throughout the Community. Operators shall offer access and interconnection to other undertakings on terms and conditions consistent with obligations imposed by the national regulatory authority pursuant to Articles 5, 6, 7 and 8.’
Amendment 629 #
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 paragraph 1 is replaced by the following: ‘(a) to the extent that is necessary to ensure end-to-end connectivity, obligations on undertakings that control access to end-users, including in justified cases the obligation to interconnect their networks or make their services interoperable where this is not already the case;’
Amendment 637 #
Proposal for a directive – amending act
Article 2 – point 3 – point a
Article 2 – point 3 – point a
Directive 2002/19/EC
Article 5 – paragraph 2
Article 5 – paragraph 2
‘2. Obligations and conditions imposed in accordance with paragraph 1 shall be objective, transparent, proportionate and non-discriminatory, and shall be implemented in accordance with the procedures referred to in Articles 6 and 7 of Directive 2002/21/EC (Framework Directive).’ When assessing the proportionality of the measures required, the national regulatory authorities of a Member State shall take into account the differing competition situations existing in different parts of that Member State. Where there is competition in a given geographical area, national regulatory authorities may abolish unnecessary obligations in order to enable deregulation to be geared to market needs. To that end they shall allow for the need to preserve infrastructure competition.
Amendment 643 #
Proposal for a directive – amending act
Article 2 – point 6 – point b – point ii
Article 2 – point 6 – point b – point ii
Directive 2002/19/EC
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Amendment 648 #
Proposal for a directive – amending act
Article 2 – point 7
Article 2 – point 7
Directive 2002/19/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
‘5. The Commission may adopt the necessary amendments to Annex II in order to adapt it to technological and market developments. The measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14(4). In implementing the provisions of this paragraph, the Commission may be assisted by the AuthorityBERT.’
Amendment 649 #
Proposal for a directive – amending act
Article 2 – point 8 – point -a (new)
Article 2 – point 8 – point -a (new)
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
(-a) Subparagraph 1 of paragraph 1 is replaced by the following: "1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, inter alia in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, or would not be in the end-user's interest. In the particular context of next-generation access networks, access obligations must comprise a single access obligation at the lowest value-added level of the legacy bottleneck, ducts and masts, so as to ensure maximised infrastructure competition. National regulatory authorities must refrain from imposing or regulating access if voluntary commercial agreements have been concluded between the parties. In the absence of such voluntary commercial agreements, operators may be required inter alia:"
Amendment 669 #
Proposal for a directive – amending act
Article 2 – point 8 – point c
Article 2 – point 8 – point c
Directive 2002/19/EC
Article 12 – paragraph 3
Article 12 – paragraph 3
‘3. When imposing obligations on an operator to provide access in accordance with the provisions of this Article, national regulatory authorities may lay down technical or operational conditions to be met by the provider and/or beneficiaries of such access where necessary to ensure normal operation of the network. Obligations to follow specific technical standards or specifications shall be in compliance with the standards and specifications laid down in accordance with Article 17(1) of Directive 2002/21/EC (Framework Directive).’
Amendment 684 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a
Article 13a
Amendment 724 #
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 make 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 togrant radio frequency use under general authorisations. They may grant individual rights in order to:
Amendment 730 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
a) avoid a serious riskthe possibility of harmful interference; or
Amendment 734 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point aa (new)
Article 5 – paragraph 1 – point aa (new)
(aa) ensure the technical quality of service;
Amendment 735 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point ab (new)
Article 5 – paragraph 1 – point ab (new)
(ab) safeguard effective spectrum use;
Amendment 766 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 6
Article 5 – paragraph 6
6. National regulatory authoriti. Member States shall ensure that radio frequencies are efficiently and effectively used in accordance with Articles 8(2) and 9(2) of Directive 2002/21/EC (Framework Directive). They shall also ensure competition is not distorted as a result of any transfer or accumulation of radio frequencies usage rights. For such purposes, Member States may takeprovide for appropriate measures such as reducing, withdrawing or forcing the sale of a right to use radio frequencies.
Amendment 774 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – introductory wording
Article 6a – paragraph 1 – subparagraph 1 – introductory wording
1. In order to achieve the objectives set out in Article 1, and without prejudice to Article 5(2) of this Directive or to the decision on the radio spectrum (Decision 676/2002/EC), the Commission may adopt implementing measures:
Amendment 775 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point -a
Article 6a – paragraph 1 – subparagraph 1 – point -a
-a) pan-European services;
Amendment 777 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point a
Article 6a – paragraph 1 – subparagraph 1 – point a
a) to identify radio frequency bands the use of which is to be made subject to general authorisations or individual rights of use for radio frequencies;
Amendment 781 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point c
Article 6a – paragraph 1 – subparagraph 1 – point c
Amendment 785 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point d
Article 6a – paragraph 1 – subparagraph 1 – point d
Amendment 791 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point e
Article 6a – paragraph 1 – subparagraph 1 – point e
Amendment 794 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point f
Article 6a – paragraph 1 – subparagraph 1 – point f
Amendment 800 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 2
Article 6a – paragraph 1 – subparagraph 2
The measures listed in points (a) to (d) and (f)the previous paragraph, 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 14a(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14a(4)..
Amendment 804 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 3
Article 6a – paragraph 3
3. In implementing the provisions of this Article, the Commission may be assisted by the European Electronic Communications Market Authority (hereinafter referred to as 'the Authority'). The Commission shall take the utmost account of the opinion of the Authority, if any, submitted in accordance with Article 11 of Regulation [ ]BERT. The Commission shall take the utmost account of the opinion of the BERT.
Amendment 811 #
Proposal for a directive – amending act
Article 3 – point 8 – point d
Article 3 – point 8 – point d
Directive 2002/20/EC
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Irrespective of the provisions of paragraphs 2, 3 and 5, where the relevant authority has evidence of a breach of the conditions of the general authorisation rights of use or specific obligations referred to in Article 6(2) that represents an immediate and serious threat to public safety, public security or public health or will create serious economic or operational problems for other providers or users of electronic communications networks or services, it may take urgent interim measures to remedy the situation in advance of reaching a final decision. The undertaking concerned shall thereafter be given a reasonable opportunity to state its views and propose any remedies. Where appropriate, the relevant authority may confirm the interim measures, which shall be valid for a maximum of 3 months, with the possibility of extension for another 3 months should the implementation procedure not have been completed.
Amendment 814 #
Proposal for a directive – amending act
Article 3 – point 13
Article 3 – point 13
Directive 2002/20/EC
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Without prejudice to Article 9a of Directive 2002/21/EC (Framework Directive), Member States shall bring general authorisations and rights of use already in existence on 31 December 2009[date of transposition] into conformity with Articles 5, 6, 7, and Annex I of this Directive by [31 December 2010two years after entry into force] at the latest.
Amendment 816 #
Proposal for a directive – amending act
Article 3 – point 13
Article 3 – point 13
Directive 2002/20/EC
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where application of paragraph 1 results in a reduction of the rights or an extension of the obligations under general authorisations or rights of use already in existence, Member States may extend the validity of those rights and obligations till [30 September 2011date of transposition] at the latest, provided that the rights of other undertakings under Community law are not affected thereby. Member States shall notify such extensions to the Commission and state the reasons therefore.
Amendment 823 #
Proposal for a directive – amending act
Annex I – point 4 – point a
Annex I – point 4 – point a
Directive 2002/20/EC
Annex I – part B – point 1
Annex I – part B – point 1
1. Obligation to provide a service or to use a type of technology for which the rights of use for the frequency has been granted, including, where appropriate, coverage and quality requirements.
Amendment 824 #
Proposal for a directive – amending act
Annex I – point 4 – point c
Annex I – point 4 – point c
Directive 2002/20/EC
Annex I – part B – point 4
Annex I – part B – point 4
Amendment 827 #
Proposal for a directive – amending act
Annex II
Annex II
Directive 2002/20/EC
Annex II
Annex II