210 Amendments of Francisca PLEGUEZUELOS AGUILAR
Amendment 123 #
2009/0010(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Following the call for proposals referred to in Article 18(2), the Commission, acting in accordance with the procedure referred to in Article 28(2), shall select the proposals to receive EEPR assistance and determine the amount of EEPR assistance to be granted. The Commission shall specify the conditions and methods for the implementation of the proposals. The Commission shall establish reserve lists for proposals. Or. en Justification
Amendment 124 #
2009/0010(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The Commission shall, every three months, publish a report with the updated list of proposals and their expected construction starting date.
Amendment 125 #
2009/0010(COD)
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. Should any of the proposals included in the main list suffer delays such that the physical construction cannot start by June 30 2010, those proposals on the reserve list which require a similar amount of support funds shall be included in the main list for immediate launching.
Amendment 152 #
2009/0010(COD)
Proposal for a regulation
Annex – point c a (new)
Annex – point c a (new)
Annex Ca Solar Thermal Electricity Projects or Solar Power Projects The Commission shall introduce a new Annex E with projects in the field of Solar Power. The Commission shall launch a call for proposals in the field of solar power and, more precisely, solar thermal electricity.
Amendment 2 #
2008/2122(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to clarify the multidimensional indicators it intends to use to assess the socio-economic impact of the pilot projects set up to identify best practices and appropriate methods for micro-loans, and also to clarify the performance indicators for its new technical assistance project, Jasmine;
Amendment 6 #
2008/2122(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that, alongside the Commission's proposed definition of micro-loans as loans of less than EUR 25 000, due consideration should be given to other variables taking account of the fact that the same nominal amount does not have the same value in all Member States;
Amendment 9 #
2008/2122(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission, in view of the fact that potential micro-credit customers are normally unable to provide security and banks are generally unwilling to lend them money, to establish a 'European guarantee' for micro-loans, making available the necessary means to provide the banks with the security they require, with the 'European guarantee' being provided only if appropriate social criteria and equal opportunities principles are satisfied;
Amendment 11 #
2008/2122(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3a. Calls on the Commission, with a view to disseminating micro-credit as a means of generating economic activity, to look into the possibility of supporting this by means of innovative solutions such as mobile banking; calls, similarly, for it to promote forms of economic and social assistance such as loans to solidarity groups or solidarity credit cards;
Amendment 17 #
2008/2122(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and the Member States to help consolidate businesses that make use of micro-credit, by promoting external support and advice networks.
Amendment 20 #
2008/2122(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission and the Member States to promote micro-credit among cooperatives and workers without job security and on non-standard contracts.
Amendment 17 #
2008/2099(INI)
Motion for a resolution
Recital D
Recital D
D. whereas efficient use of spectrum also serves the cultural objectives of EU policies, and the digital dividend, apart from information society and mobile telephony services, should also facilitate cultural and linguistic diversity as well asdiversity as regards audiovisual content, multilingualism and media pluralism,
Amendment 27 #
2008/2099(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges the Member States to agree on a common timetable and to release their digital dividends as quickly as possible, taking account of the various specific decisions previously adopted by the Member States which allowing European citizens to benefit from the deployment of new, innovative and competitive services;
Amendment 18 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 6
Recital 6
(6) The expiry in June 2010 of the regulatory safeguards which apply to intra- Community voice roaming services at wholesale and retail levels by virtue of Regulation (EC) No 717/2007 would therefore give rise to a significant risk that the underlying lack of competitive pressures in the voice roaming market and the incentive for mobile operators to maximise their roaming revenues would result in a return to retail and wholesale prices for intra-Community roaming that do not constitute a reasonable reflection of the underlying costs involved in the provision of the service, thereby jeopardising the objectives of Regulation (EC) No 717/2007. Regulation (EC) No 717/2007 should therefore be extended beyond 30 June 2010 for a further period of three years in order to ensure the smooth functioning of the internal market by guaranteeing that consumers continue to benefit from the assurance that they will not be charged an excessive price when making or receiving a regulated roaming call while at the same time providing sufficient time for competition to develop. The effects of failing to extend Regulation (EC) No 717/2007 beyond 30 June 2013 should be carefully analysed as part of its forthcoming review.
Amendment 21 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 7
Recital 7
(7) The levels of the maximum average wholesale charges for regulated roaming calls set by Regulation (EC) No 717/2007 should continue to decline over the extended duration of the Regulation to reflect declining costs, including decreases in regulated mobile termination rates in the Member States, in order to ensure the smooth functioning of the internal market while at the same time continuing to meet the dual objectives of eliminating excessive prices while allowing operators freedom to compete and innovate. The levels of the maximum average wholesale charges should on no account be cost-oriented, in order to facilitate the future removal of regulation and provide operators with a margin to compete.
Amendment 22 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 11
Recital 11
(11) The maximum levels of the Eurotariff, both for calls made and calls received, should continue to decrease annually during the extended period of validity of Regulation (EC) No 717/2007 in a manner consistent with the decreases required during the initial period of application of that Regulation, to reflect the continuing declines in domestic mobile prices generally as well as the continuing decreases in the underlying costs of providing regulated roaming calls. In this way, the continuity in the effects of the Regulation is maintained. The maximum levels of the Eurotariff should on no account be cost-oriented, in order to facilitate the future removal of regulation and provide operators with a margin to compete.
Amendment 25 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 31
Recital 31
(31) Data collected by national regulatory authorities indicate that average wholesale charges for data roaming services levied by visited network operators from roaming customers' home providers appear to be on a downward trend, although high prices for wholesale and retail data roaming services persist.
Amendment 37 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 26 a (new)
Recital 26 a (new)
(26a) The regulation of prices for roaming SMS messages at the retail level must be shown to be advantageous for users from the start. Nevertheless, it should be adopted in such a way as to ensure that prices charged at national level, which are not the subject of this Regulation, are not distorted. To this end, a glide path should be set for maximum prices for roaming SMS messages.
Amendment 89 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 717/2007
Article 4 a – paragraph 1
Article 4 a – paragraph 1
1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0.048 per SMS message. That charge shall be reduced to EUR 0.06 and EUR 0.04 on 1 July 2010 and 1 July 2011 respectively.
Amendment 95 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 717/2007
Article 4 b – paragraph 2
Article 4 b – paragraph 2
2. With effect from 1 July 2009, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0.115. That maximum charge shall be reduced to EUR 0.13 and EUR 0.11 on 1 July 2010 and 1 July 2011 respectively.
Amendment 124 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No. 717/2007/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall review the functioning of this Regulation andis Regulation shall expire on 30 June 2013 unless the Commission justifies its extension. To this end, the Commission shall report to the European Parliament and the Council no later than 31 December 2011. The Commission0 on the need for such extension, for which purpose it shall evaluate in particular whether the objectives of this Regulation have been achieved. In its report the Commission shall review developments in wholesale and retail charges for the provision to roaming customers of voice and data communication services, including SMS and MMS, and shall, if appropriate, include recommendations regarding the need further to regulate these services: - the effects of regulation on operators' income and on their investment and commercial policies, paying particular attention to possible 'waterbed' effects (compensation); - the characteristics of roaming services that would justify the imposition, extension or modification of the obligations laid down in this Regulation, and in particular competitive dynamics and demand elasticity; - developments in wholesale and retail charges for the provision to roaming customers of voice and data communication services, including SMS and MMS; - developments in national mobile communication services in the various Member States; - the effects that the removal of regulation would have on mobile telephony markets and the effects of regulation at retail level only; - the availability of services or products that represent or could become an alternative to or replacement for roaming, or that could improve competition at wholesale and retail level. For this purpose the Commission may use the information supplied pursuant to Article 7(3).
Amendment 16 #
2008/0185(COD)
Proposal for a decision
Recital 8
Recital 8
(8) To meet these challenges such efforts should be made through close cooperation, coordination and dialogue between the Commission and the Member States, in close interaction with the sectors responsible for the implementation of Community policies and, whenever appropriate, with other stakeholders, giving due consideration to the priorities and the linguistic diversity of the Community and the formulation of joint proposals on key issues such as interoperability and the effective use of open standards.
Amendment 42 #
2008/0185(COD)
Proposal for a decision
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. To ensure interoperability between national and Community systems it will be necessary to specify the joint services and generic instruments relating to existing European public standards for the exchange of information and integration of services.
Amendment 43 #
2008/0185(COD)
Proposal for a decision
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. The Cross-Border Interoperability Committee shall carry out a specific analysis with a view to increasing the involvement of all those involved in achieving interoperability between public administrations, shall establish mechanisms for the involvement and exchange of those concerned by means of a platform or through seminars or other means. The Commission shall establish regular contacts using the instruments determined by the Committee.
Amendment 15 #
2008/0142(COD)
Proposal for a directive
Title of the Commission proposal
Title of the Commission proposal
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the application of patients’ rights in cross-border healthcareto access to safe, high- quality and effective healthcare, under equitable conditions
Amendment 19 #
2008/0142(COD)
Proposal for a directive
Recital 10
Recital 10
(10) For the purpose of this Directive, the concept of "cross-border healthcare" covers the following modes of supply of healthcare: – Use of healthcare abroad (i.e.: a patient moving to a healthcare provider in another Member State for treatment); this is what is referred to as ‘patient mobility’; – Cross-border provision of healthcare (i.e.: delivery of service from the territory of one Member State into the territory of another); such as telemedicine services, remote diagnosis and prescription, laboratory services; – Permanent presence of a healthcare provider (i.e.: establishment of a healthcare provider in another Member State); and, – Temporary presence of persons (i.e.: mobility of health professionals, for example moving temporarily to the Member State of the patient to provide services).
Amendment 21 #
2008/0142(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) In the light of the case-law of the Court of Justice of the European Communities (C-496/01), in the absence of harmonisation measures, Community law does not preclude a Member State from imposing, in the context of an authorisation scheme, its level of public health protection on healthcare providers established in another Member State which wish to offer services to patients insured in the first Member State. However, the conditions to be satisfied in order to obtain such authorisation may not duplicate the equivalent statutory conditions which have already been satisfied in the Member State of establishment.
Amendment 22 #
2008/0142(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In view of the opinion of the European Data Protection Supervisor on this Directive, the Commission should define the concept of an ‘acceptable security level’ for healthcare within the EU, which might be applied in the case of cross-border health services in relation to the possible implications as regards the processing of personal data. Likewise, it is appropriate to reiterate the importance of the shared responsibility of Member States where data is communicated electronically.
Amendment 23 #
2008/0142(COD)
Proposal for a directive
Recital 23
Recital 23
Amendment 24 #
2008/0142(COD)
Proposal for a directive
Recital 25
Recital 25
(25) This Directive does not aim either to create entitlement for reimbursement of treatment in another Member State, if such a treatment is not among the benefits provided for by the legislation of the patient’s Member State of affiliation, or to modify the conditions for that entitlement, if they are included in the legislation of the Member State of affiliation. Equally this Directive does not prevent the Member States from extending their benefits in kind scheme to healthcare provided in another Member State according to its provisions.
Amendment 28 #
2008/0142(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 31 #
2008/0142(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) In the light of the case-law of the Court of Justice, the Member States may provide that the assumption by the national system of the costs for hospital care provided in another Member State is subject to prior authorisation. This requirement is considered to be a measure that is both necessary and reasonable. Thus the number of hospitals, their geographical distribution, the way in which they are organised and the facilities with which they are provided, and even the nature of the medical services which they are able to offer, are all matters for which planning must be possible, generally designed to meet various needs. On the one hand, such planning is geared to ensuring sufficient and permanent access to a balanced range of high-quality hospital treatment in the State concerned. On the other hand, it helps to meet the desire for rational use of resources by permitting the social efficiency of financial, technical and human resources.
Amendment 37 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision ofaccess by EU citizens to safe, high quality and efficient cross-borderhealthcare, under equitable conditions, and establishes mechanisms for cooperation among Member States in the field of health, respecting national competences as regards the organisation and provision of healthcare.
Amendment 38 #
2008/0142(COD)
Proposal for a directive
Article 2
Article 2
This Directive shall apply to provision of healthcare regardless of how it is organised, delivered and financed or whether it is public or private, defined in Article 4, which is not guaranteed by Regulation (EC) 883/2004 on the coordination of social security systems.
Amendment 40 #
2008/0142(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 42 #
2008/0142(COD)
Proposal for a directive
Article 4 – point b
Article 4 – point b
(b) ‘cross-border healthcare’ means healthcare provided in a Member State other than that where the patient is an insured person or healthcare provided in a Member State other than that where the healthcare provider resides, is registered or is established;
Amendment 43 #
2008/0142(COD)
Proposal for a directive
Article 4 – point c
Article 4 – point c
Amendment 44 #
2008/0142(COD)
Proposal for a directive
Article 4 – point d
Article 4 – point d
(d) ‘health professional’ means a doctor of medicimedical practitioner or a nurse responsible for general care or a dental practitioner or a midwife or a pharmacist within the meaning of Directive 2005/36/EC or another professional exercising activities in the healthcare sector which are restricted to a regulated profession as defined in Article 3(1)(a) of Directive 2005/36/EC;
Amendment 46 #
2008/0142(COD)
Proposal for a directive
Article 4 – point f
Article 4 – point f
(f) ‘patient’ means any natural person who receives or wishes to receive healthcare in a Member State;
Amendment 47 #
2008/0142(COD)
Proposal for a directive
Article 4 – point g
Article 4 – point g
(g) ‘insured person’ means, (i) until the date of application of Regulation (EC) No 883/2004: a person who is insured in accordance with the provisions of Articles 1, 2 and 4 of Regulation (EC) No 1408/71, (ii) as from the date of application of Regulation (EC) No 883/2004: a person who is an insured person within the meaning ofing to the definition in Article 1(c) of Regulation (EC) No 883/2004;
Amendment 48 #
2008/0142(COD)
Proposal for a directive
Article 4 – point h
Article 4 – point h
(h) "Member State of affiliation" means the Member State where the patient is an insured person. If the patient is legally resident in a Member State and not insured by any European social security scheme, but has a recognised entitlement to healthcare, the Member State of affiliation shall be the Member State of residence;
Amendment 49 #
2008/0142(COD)
Proposal for a directive
Chapter II – title (before Article 5)
Chapter II – title (before Article 5)
MEMBER STATE AUTHORITIES RESPONSIBLE FOR COMPLIANCE WITH COMMON PRINCIPLES FOR HEALTHCARE
Amendment 50 #
2008/0142(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Responsibilities of authorities of the Member State of treatment
Amendment 54 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure that insured persons travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare provided in another Member State, will not be prevented from receiving healthcare provided in another Member State where the treatment in question is among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled. The Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social security system had the same or similar healthcare been provided in its territory. In any event, it is for the Member State of affiliation to determine the healthcare that is paid forin respect of which the insured person is entitled to assumption of the costs, as well as the level of reimbursement and co-payment to be met by that person, regardless of where it is provided.
Amendment 61 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Subject to the provisions of Articles 8 and 9, the Member State of affiliation shall not make the reimbursement of the costs of healthcare provided in another Member State subject to prior authorisation.
Amendment 63 #
2008/0142(COD)
Proposal for a directive
Article 7
Article 7
Amendment 66 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of reimbursement of the costs of healthcare provided in another Member State in accordance with this Directive, hospital care shall mean: (a) healthcare which requires overnight accommodation of the patient in question for at least one night. (b) healthcare, included in a specific list, that does not requireand specialised care shall mean, as defined in the legislation of the Member State of affiliation, healthcare which is subject to planning, in that it entails overnight accommodation of the patient in question for at least one night. This list shall be limited to: - healthcare that or which requires use of highly specialised and cost- intensive medical infrastructure or medical equipment;, or - healthcare involving treatments presenting a particularspecific risk for the patient or the population.
Amendment 70 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 73 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Member State of affiliation may provide for a system of prior authorisation for reimbursement by its social security system of the cost of hospital care provided in another Member State where the following conditions are met: (a) had the healthcare been provided in its territory, it would have been assumed by the Member State’s social security system; and (b) the purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: (i) the financial balance of assume the cost of hospital care and specialised care (as defined in the legislation of the Member State of affiliation), pursuant to paragraph 1, provided in another Member State’s social security system; and/or (ii) the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member State, provided prior authorisation has been obtained.
Amendment 79 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The prior authorisation system shall be limited to what is necessary and proportionate to avoid such impact, and shall not constitute a means of arbitrary discrimination.
Amendment 80 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Member State of affiliation shall make publicly available the list of hospitals and specialised healthcare services and all relevant information on the prior authorisation systems introduced pursuant to the provisions of paragraph 32.
Amendment 82 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. In the case of any requests for authorisation by an insured person to receive healthcare in another Member State, the Member State of affiliation shall ascertain whether the conditions laid down by Regulation(EC) No 883/2004 have been met and, if so, shall grant the prior authorisation in accordance with that Regulation.
Amendment 83 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 b (new)
Article 8 – paragraph 5 b (new)
5b. The Member State of affiliation shall specify in advance and in a transparent way the criteria for refusal of prior authorisation, based on essential general interest considerations.
Amendment 84 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 c (new)
Article 8 – paragraph 5 c (new)
5c. In any event, the Member State may refuse to grant prior authorisation if the same treatment can be provided within its territory within a medically justifiable timeframe, taking into account the current state of health of the patient in question and the probable development of his or her illness.
Amendment 86 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Member State of affiliation shall ensure that administrative procedures regarding the use of healthcare in another Member State related to any prior authorisation referred to in Article 8(3), reimbursement, assumption of costs of healthcare incurred in another Member State and other conditions and formalities referred to in Article 6(3), are based on objective, non-discriminatory criteria which are published in advance, and which are necessary and proportionate to the objective to be achieved. In any event, an insured person shall always be granted the authorisation pursuant to Regulations on coordination of social security referred to in Art. 3.1 f) whenever the conditions of Art.22.1 c) and Art. 22.2 of Regulation 1408/71 are met.
Amendment 87 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Any such procedural systems shall be easily accessible and capable of ensuring that requests are dealt with objectively and impartially within maximum time limits set out and made public in advance by the Member States. In dealing with such requests, account should be taken of the urgency of the case and of individual circumstances.
Amendment 88 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 89 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 27 #
2008/0047(COD)
Proposal for a decision
Annex I - Actions - Section 1 - paragraph 5
Annex I - Actions - Section 1 - paragraph 5
5. Enhancing cooperation, exchange of information and experience in fighting online illegal content and harmful conduct at international level. Activities will aim to improve cooperation with third countries, harmonise approaches in dealing with illegal content and harmful conduct online at international level and encourage development of coordinating links between the Member States' databases relating to child abuse, and also common approaches and methods of work.
Amendment 278 #
2008/0016(COD)
Proposal for a directive
Recital 39
Recital 39
(39) The incentives provided for in this Directive for biofuels and other bioliquids, and the increasing worldwide demand for biofuels and other bioliquids, should not have the effect of encouraging the destruction of bio-diverse lands. Such exhaustible resources, recognised in various international instruments to be of value to all mankind, should be preserved. Consumers in the Community, in addition, would find it morally unacceptable that their increased use of biofuels and other bioliquids could have the effect of destroying bio-diverse lands. For these reasons, it is necessary to provide criteria ensuring that biofuels and other bioliquids can only qualify for the incentives when it can be guaranteed that they do not originate in hitherto bio-diverse land whose biodiversity might become endangered.
Amendment 324 #
2008/0016(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a common framework for the promotion of energy from renewable sources. It sets mandatory targets for the overall share of energy from renewable sources in energy consumption and for the share of energy from renewable sources in transport. It lays down rules relating to guarantees of origin, administrative procedures and electricity grid connections in relation to energy from renewable source and its integration into the EU internal energy market with a view to enhancing security of supply, environmental protection, and the EU’s competitiveness and industrial leadership. It sets mandatory national and Community-wide targets for the overall share of energy from renewable sources in energy consumption in order to ensure that in 2020 at least 20% of the EU’s final consumption of energy will be accounted for by renewable sources and at least 10% of final petrol and diesel fuel consumption in transport will be provided by such sources. It lays down rules relating to the protection of national support schemes and detailed national action plans for energy from renewable sources, and provides for arrangements making for flexibility between Member States for the purposes of meeting targets and regarding administrative procedures and renewable energy infrastructure connections. It establishes environmental and social sustainability criteria for biofuels and other bioliquids. energy from biomass.
Amendment 351 #
2008/0016(COD)
Proposal for a directive
Article 2 – point b
Article 2 – point b
(b) “biomass” means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), aquaculture, forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste;
Amendment 373 #
2008/0016(COD)
Proposal for a directive
Article 2 – point h
Article 2 – point h
(h) “support scheme” means a scheme, originating from a market intervenction by a Member State, that helps energy from renewable sources to find a market by reducing the cost of production of this energy, increasing the price at which it can be sold, or increasing, by means of a renewable energy obligation or otherwise, the volume of such energy purchased serving to create or increase incentives for greater use of energy from renewable sources. National support schemes include in particular renewable energy obligations, investment aid, tax exemptions or deductions, tax refunds, and direct price support, in particular premium and purchase rate arrangements;
Amendment 458 #
2008/0016(COD)
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
4. For the purposes of paragraph 1(a), final consumption of electricity from renewable sources shall be calculated as the quantity of electricity produced in a Member State from renewable energy sources, excluding the production of electricity by pumped storage units using water that has in the amount corresponding to previously been pumped uphill, adjusted in accordance with Article 10water.
Amendment 460 #
2008/0016(COD)
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 2 a (new)
Article 5 – paragraph 4 – subparagraph 2 a (new)
In cases where the biodegradable proportion of industrial and municipal waste cannot be calculated accurately, the figure of 70% of the total of such waste shall be taken.
Amendment 487 #
2008/0016(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure - solely for information purposes - that the origin of electricity produced from renewable energy sources, and of heating or cooling produced from renewable energy sources in plants with a capacity of at least 5 MWth, can be gu can be guaranteed as such within the meaning of this Directive, in accordance with objective, transparaenteed as such within the meaning of this Directiv and non-discriminatory criteria established for each Member State. To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of renewable energy. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each MWhunit of energy produced.
Amendment 500 #
2008/0016(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Guarantees of origin shall be issued, transferred and cancelled electronically. They shall bMember States shall implement suitable mechanisms for ensuring that guarantees of origin are accurate, reliable and fraud- resistant. A guarantee of origin shall specify, at least: (a) the energy source from which the energy was produced and the starting and ending dates of its production; (b) whether the guarantee of origin relates to (i) electricity; or (ii) heating and/or cooling; (c) the identity, location, type and capacity of the installation where the energy was produced, and the date of the installation’s becoming operational; (dc) the date and country of issue and a unique identification number; (e) the amount and type of any investment aid that has been given for the installationA guarantee of origin must serve to enable producers of electricity of renewable origin to demonstrate that the electricity which they sell is produced from renewable sources within the meaning of this Directive.
Amendment 506 #
2008/0016(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall recognise guarantees of origin issued by other Member States in accordance with this Directive. Any refusal by a exclusively as proof of the elements referred to in the second paragraph of this Article. A Member State may refuse to recognise a guarantee of origin shall be based on objective, transparent and non- discriminatory criteria. In the event ofonly in cases where there are well- founded doubts about the accuracy, reliability and truthfulness thereof. The Member State shall share the information relating to such doubts with the Commission. If the Commission considers that the refusal to recognise a guarantees of origin, the Commission may adopt is not well-founded, it may take a Ddecision to requiringest the Member State in question to recognise itsuch guarantees.
Amendment 520 #
2008/0016(COD)
Proposal for a directive
Article 7
Article 7
Amendment 540 #
2008/0016(COD)
Proposal for a directive
Article 8
Article 8
Submission of guarantees of origin for cancellation 1. A guarantee of origin, corresponding to the unit of energy in question, shall be submitted for cancellation to a competent body designated in accordance with Article 7 when: (a) the production of a unit of electricity from renewable energy sources, or the production of a tatistical transfers between Member States 1. Member States may make arrangements for the statistical transfer of a specified amounit of heating or coolingenergy from renewable energy sources in a plant with a capacity of at least 5 MWth, receives support in the form of feed-in tariff payments, premium payments, tax reductions or payments resulting from calls for tenders, in which case the guarantee shall be submitted to the competent body designated by the Member State that established the system of support; (b) a unit of electricity proto be transferred from one Member State to another. The transferred quantity shall be: (a) deducted from renewable energy sources, or a unit of heating or cooling producedthe amount of energy from renewable energy sources in a plant with a capacity of at least 5 MWth, is taken into account for the purposes of assessing an entity’s compliance with a renewable energy obligation, in which case the guarantee of origin shall be submitted to the competent body designated by the Member State that established the obligation; orthat is taken into account in measuring compliance by the Member State with the requirements of Article 3 concerning national targets; and (cb) an energy supplier or energy consumer chooses to use a guarantee of origin for the purpose of proving the share or quantity of renewable energy in its energy mix, without claiming the benefits of a support scheme in accordance with points (a) and (b); in this case, the guarantee of origin shall be submitted to the competent body designateddded to the amount of energy from renewable sources that is taken into account in measuring compliance by another Member State in which the energy described by the energy mix in question is consumed. 2. Where an operator has submitted one or more guarantees of origin to a competent body in accordance with paragraphs 1(a) or (b), the operator shall: (a) request guarantees of origin, in accordance with Article 6(1), for all future production of renewable energy sources from the same installation; (b) submit these guarantees of origin for cancellation to the same competent body. 3. Guarantees of origin shall not be submitted to a competent body for cancellation more than 1 year after their date of issuewith the requirements of Article 3 concerning national targets. 2. Arrangements under paragraph 1 may have effect for at least one year. They shall be notified to the Commission no later than 3 months after the end of the first year in which they take effect.
Amendment 574 #
2008/0016(COD)
Proposal for a directive
Article 9
Article 9
Amendment 615 #
2008/0016(COD)
Proposal for a directive
Article 10
Article 10
Amendment 810 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1
Article 15 – paragraph 3 – subparagraph 1
3. Biofuels and other bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land with recognised high biodiversity value, that is to sayhigh biodiversity value, unless evidence is provided that the production of that raw material is compatible with keeping or enhancing those biodiversity values. For the purposes of this paragraph, “land with high biodiversity value” means land that had one of the following statuses in or after January 2008 , whether or not the land still has this status: (a) forest undisturbed by significant human activity, that is to say, forest where; (b) (i) areas designated by law or by the re has been no known significant human intervention or where the last significant human intervention was sufficiently long ago to have allowed the natural species composition and processes to have become re-establlevant competent authority for nature protection purposes, or (ii) areas for the protection of rare, threatened or endangered ecosystems or species recognished; (b) areas designated for nature protection purposes, unless evidence is provided that the production of that raw material did not interfere with those purposes by international agreements, subject to their recognition in accordance with the procedure provided for in Article 16(4), second subparagraph; (c) highly biodiverse grassland, that is to say grassland that is species-rich, not fertilised and not degraded.
Amendment 830 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 4 – subparagraph 1 – point b
Article 15 – paragraph 4 – subparagraph 1 – point b
(b) continuously forested areas, that is to say land spanning more than 1 hectare with trees higher than 5 metres and a canopy cover of more than 30%, or trees able to reach these thresholds in situ;
Amendment 839 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Biofuels and other bioliquids shall not be taken into account for the purposes referred to in paragraph 1 if they have received grants, tax exemptions or other public incentives intended to reduce their production costs and get an unfair competitive advantage.
Amendment 848 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 5 a–b (new)
Article 15 – paragraph 5 a–b (new)
5a. Biofuels and other bioliquids shall be taken into account for the purposes referred to in paragraph 1 only if the country in which they were cultivated has ratified and effectively implemented all of the following treaties and Conventions: – Convention on International Trade in Endangered Species of Wild Fauna and Flora, – Convention on Biological Diversity, – Cartagena Protocol on Biosafety, – Kyoto Protocol to the United Nations Framework Convention on Climate Change. – Convention of the International Labour Organization concerning Minimum Age for Admission to Employment (No 138); – Convention of the International Labour Organization concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No 182); – Convention of the International Labour Organization concerning the Abolition of Forced Labour (No 105); – Convention of the International Labour Organization concerning Forced or Compulsory Labour (No 29); – Convention of the International Labour Organization concerning Equal Remuneration of Men and Women Workers for Work of Equal Value (No 100); – Convention of the International Labour Organization concerning Discrimination in Respect of Employment and Occupation (No 111); – Convention of the International Labour Organization concerning Freedom of Association and Protection of the Right to Organise (No 87); – Effective implementation of those treaties shall be ascertained having regard to countries' implementation record in accordance with the treaties' implementation provisions and, in particular, any recommendations by bodies set up under those treaties to monitor compliance. 5b. If a country has not ratified the treaties listed in paragraph 5a(a) but the national authorities or the economic operator provides the Commission with reliable information giving evidence that, in that country, the standards of environment protection are equivalent to those contained in those treaties, the Commission may decide, in accordance with the procedure referred to in Article 21(2), that biofuels and other bioliquids produced in that country can be taken into account for the purposes referred to in paragraph 1.
Amendment 868 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. The Commission shall report on requirements for a sustainability scheme for timber industry, food industry, petroleum industry and energy uses of biomass, other than biofuels and other bioliquids, by 31 December 2010 at the latest. The report shall be accompanied, where appropriate, by proposals for a sustainability scheme for other energy uses of biomass industrial sectors indicated above in this paragraph, to the European Parliament and the Council.
Amendment 927 #
2008/0016(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 1095 #
2008/0016(COD)
Proposal for a directive
Annex VII – part C – paragraph 7
Annex VII – part C – paragraph 7
7. Annualised emissions from carbon stock changes caused by land use change, el, shall be calculated by dividing total emissions equally over 20 years. For the calculation of these emissions the following rule shall be applied: el = (CSR – CSA) x MWCO2/MWC3.664 x 1/20 x 1/P [-eB], where el = annualised greenhouse gas emissions from carbon stock change due to land use change (measured as mass of CO2- equivalent per unit biofuel energy); CSR = the carbon stock per unit area associated with the reference land use (measured as mass of carbon per unit area, including both soil and vegetation). The reference land use shall be the land use in January 2008 or 20 years before the raw material was obtained, whichever was the latestr; CSA = the carbon stock per unit area associated with the actual land use (measured as mass of carbon per unit area, including both soil and vegetation); MWCO2 = molecular weight of CO2 = 44.010 g/mol; MWC = molecular weight of carbon = 12.011 g/mol; and P = the productivity of the crop (measured as biofuel or other bioliquid energy per unit area per year); and eB = bonus of [x] gCO2eq/MJ biofuel or other bioliquid energy if biomass is obtained from restored degraded land; i.e., land formerly used for agricultural production that was, in January 2008, unsuitable for agricultural production (e.g., salinated land and abandoned rubber plantations) and which, before restoration, was not land as mentioned in Article 15(3) or (4).
Amendment 1109 #
2008/0016(COD)
Proposal for a directive
Annex VII – part C – paragraph 16 – subparagraph 2
Annex VII – part C – paragraph 16 – subparagraph 2
In the case of biofuels and other bioliquids, all co-products, including electricity that does not fall under the scope of paragraph 14, shall be taken into account for the purposes of this calculation, except for agricultural crop residues, including straw, bagasse, husks, cobs and nut shells. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purpose of the calculation.
Amendment 1113 #
2008/0016(COD)
Proposal for a directive
Annex VII – part C – paragraph 17 – subparagraph 1
Annex VII – part C – paragraph 17 – subparagraph 1
17. For biofuels, for the purposes of the calculation referred to in paragraph 4, the fossil fuel comparator EF shall be the latest available actual average emissions from the fossil part of petrol and diesel consumed in the Community as reported under [Directive 98/70/EC]. If no such data are available, the value used shall be 83.890 gCO2eq /MJ.
Amendment 141 #
2007/0249(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Authority should assist the Commission by undertaking an annual review of the measures taken the Member States informing the citizens about the existence and use of the single European emergency call number ‘112’. The Authority’s annual review would identify best pracBERT’s annual review should identify best regulatory practices, particularly in relation to the difficultices and remaining bottlenecks and woulin the market and contribute to improveing the level of protection and security of citizens travelling in the European Union.
Amendment 142 #
2007/0249(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 143 #
2007/0249(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) While technological and market developments have increased the potential for the deployment of electronic communications services beyond the geographical boundaries of individual Member States, there is a risk that the exist gradual convergence of differing legal and regulatory conditions for the deployment of those services under national laws will increasingly hold back the provision of such cross-border services. The Authority should therefore play a key role in the establishment of harmonised conditions for the authorisation of those services, whether with regard to general authorisations, rights of use for radio frequencies or rights of use for numbers, and in advising the Commission on the details of the measures to be taken under Directive 2002/21/EC (Framework Directive) to achieve such harmonised conditionsfacilitate the provision of such cross-border services.
Amendment 146 #
2007/0249(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) To be able to perform its tasks as set out in this Regulation and to understand better the challenges in the electronic communications field, including current and emerging risks in the network and informationthe BERT must be familiar with all the aspects laid down in the framework directive and specurity field, the Authority needs to be able to analyse current and emerging developments. For that purpose the Authority may collect appropriate information, in particular concerning breaches of security and integrity that had a significant impact on the operation of network or services provided by national regulatory authorities in accordance with Article 13a(3) of Directive 2002/21/EC (Framework Directive), as well as through questionnairesific directives concerned, without going into matters that relate to specific Community bodies or agencies such as the European Network and Information Security Agency, which operate outside its terms of reference.
Amendment 154 #
2007/0249(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Authority should have the necessary powers to perform the regulatory functions in an efficient and above all independent manner. RBERT should be able to perform its functions in an efficient and above all independent manner. When intervening in matters relating to market regulation, and reflecting the situation on a national level, the Board of Regulators should therefore act independently from any market interest and shall not seek or take instructions from any government or other public or private entity.
Amendment 170 #
2007/0249(COD)
Proposal for a regulation
Article 3 – point i
Article 3 – point i
(i) issue recommendations toadvise the national regulatory authorities on cross-border disputes and when appropriate on e-Accessibility matters.
Amendment 176 #
2007/0249(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The AuthorityBERT shall in particular contribute to the harmonised application of the provisions of the Framework Directive and the Specific Directives by assisting the Commission, when the latter so requests, in the preparation of recommendations or decisions to be adopted by the Commission in relation to any of the matters referred to in Article 3 of this Regulation in accordance with Article 19 of Directive 2002/21/EC (Framework Directive).
Amendment 180 #
2007/0249(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point o
Article 4 – paragraph 3 – point o
(o) measures on radio frequencies issues in accordance with Articles 4 and 6 of Decision 676/2002/EC (the Radio Spectrum Decision)atters that are the responsibility of the BERT identified in the Framework Directive and the Specific Directives, in so far as they affect management of the spectrum or are affected by its management;
Amendment 190 #
2007/0249(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 191 #
2007/0249(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 193 #
2007/0249(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 196 #
2007/0249(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) commissioning or conducting studies on electronic communications networks and services and the regulation and protection thereof, andthereof, in matters that are in the competence of the BERT as laid down in the Framework Directive and the Specific Directives,
Amendment 198 #
2007/0249(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) organising or promoting training on all matters regarding electronic communicationfor the NRAs in matters that are in the competence of the BERT as laid down in the Framework Directive and the Specific Directives.
Amendment 203 #
2007/0249(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Authority may deliverBERT shall submit to the Commission, in conjunction with the publication of the annual report, an opinion on the measures that could be taken to overcome the problems identified in assessing the issues referred to in paragraph 1.
Amendment 37 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2002/22/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
1. Within the framework of Directive 2002/21/EC (Framework Directive), this Directive concerns the provision of electronic communications networks and services to end-users. The aim is to ensure the availability throughout the Community of good quality publicly available services through effective competition and choice and to deal with circumstances in which the needs of end- users are not satisfactorily met by the market. This Directive also includes provisions concerning consumer premises terminal equipment giving special attention to terminal equipment for the disabled.
Amendment 38 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2002/22/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The provisions of this directive regarding the rights of users and consumers shall be applied without prejudice to Community legislation in this area in particular Directives 93/13/CE and 97/7/EC, together with national provisions implementing Community law.
Amendment 40 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2002/22/EC
Article 2 – point c
Article 2 – point c
Amendment 57 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2002/22/EC
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 61 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 4 a (new)
Recital 4 a (new)
(4a) The universal service is a protective network for people whose financial resources, geographical location or special social needs do not permit them to access the basic services available to the great majority of citizens. The basic universal service obligation laid down in the current directive is to provide users who so request with a connection to the public telephone network from a fixed location and at an affordable price. As a result, it does not determine the speed of access to the Internet for a given user, being confined to permitting, in this case, the transmission of voice and data at speeds sufficient to access such online services as are available via the public Internet. This obligation, which has in the past been limited to a single connection to the narrow-band network, is now confronted by developments in the technology and the market in which networks are increasingly adopting the technology associated with mobile and broadband communications, raising a need to assess whether the technical, social and economic conditions justifying the inclusion of mobile communications and broadband access in the universal service obligation are fulfilled. To this end, the next review of implementation of the Directive should include an analysis, in the light of the trend in social, commercial and technological conditions, of the risk of social exclusion involved in not having access to these facilities, and of the technical and economic viability, estimated cost and its allocation, in the event of their provision.
Amendment 105 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2002/22/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(2a) The provisions of this Directive shall apply without prejudice to Community rules on consumer protection, in particular Directives 93/13/EC and 97/7/EC, and national rules in conformity with Community law.
Amendment 108 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2002/22/EC
Article 2 – point (c)
Article 2 – point (c)
(c) “publicly available telephone service” means a service available to the public for originating and/or receiving, directly or indirectly via carrier selection or pre- selection or resale, national and/or international calls through a number or numbers in a national or international telephone numbering plan;
Amendment 109 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point b a (new)
Article 1 – point 2 – point b a (new)
Directive 2002/22/EC
Article 2 – point (d)
Article 2 – point (d)
(ba) Point (d) shall be replaced by the following: (d) ‘geographic number’ means a number from the national telephone numbering plan where part of its digit structure contains geographic significance used for routing calls to the physical location of the network termination point (NTP);
Amendment 110 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point b b (new)
Article 1 – point 2 – point b b (new)
Directive 2002/22/EC
Article 2 – point (e)
Article 2 – point (e)
(bb) Point (e) shall be deleted.
Amendment 122 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2a) Member States may take measures to ensure that all reasonable requests as referred to in paragraph 1 for functional Internet provision by connection to the network are met by at least one undertaking.
Amendment 133 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/22/EC
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States may, in the light of national conditions, require that designated undertakings provide tariff options or packages to consumers which depart from those provided under normal commercial conditions, in particular to ensure that those on low incomes or with special social needs are not prevented from accessing or using the network access referred to in Article 4(1), or the services identified in Articles 4(2)(a), 4(3), 5, 6 and 7 as falling under the universal service obligations and provided by designated undertakings.
Amendment 134 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 2002/22/EC
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
Amendment 137 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 7 c (new)
Article 1 – point 7 c (new)
Directive 2002/22/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
(7c) In Article 11, paragraph 1 is amended as follows: ‘1. National regulatory authorities shall ensure that all designated undertakings with obligations under Articles 4, 5, 6, 7 and 9(2) publish adequate and up-to- date information concerning their performance in the provision of universal service, based on the quality of service parameters, definitions and measurement methods set out in Annex III. The published information shall […] on request be supplied to the national regulatory authority.’
Amendment 138 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 7 d (new)
Article 1 – point 7 d (new)
Directive 2002/22/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
(7d) In Article 11, paragraph 3 is amended as follows: ‘3. National regulatory authorities may, in addition, specify the content, form and manner of information to be published, in order to ensure that end- users and consumers have access to comprehensive, […] reliable, high-quality and user-friendly information.’
Amendment 142 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 1
Article 20 – paragraph 1
Amendment 148 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 2 – subparagraph 1 – point (h b) (new)
Article 20 – paragraph 2 – subparagraph 1 – point (h b) (new)
(hb) the customer services available, and ways of contacting such services.
Amendment 157 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Member States shall ensure that where contracts are concluded between subscribend-users and undertakings providing electronic communications services that allow voice communication, subscribend-users are clearly informed whether or not access to emergency services is provided. Providers of electronic communications services shall ensure that customers are clearly informed of the lack of access to emergency services in advance of the conclusion of a contract and regularly thereafter.
Amendment 162 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Member States shall ensure that where contracts are concluded between subscribend-users and undertakings providing electronic communications services and/or networks, subscribend-users are clearly informed in advance of the conclusion of a contract and regularly thereafter of any explicit limitations imposed by the provider on their ability to access or distribute lawful content or run any lawful applications and services of their choice.
Amendment 176 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 7
Article 20 – paragraph 7
7. Subscribers shall have a right to withdraw from their contracts without penalty upon notice of modifications in the contractual conditions proposed by operators. SExcept in cases permitted by the national regulatory authorities, subscribers shall be given adequate notice, not shorter than one month, ahead of any such modifications and shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they do not accept the new conditions.
Amendment 185 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that undertakings providing public electronic communications networks and/or services publish clear, comparable, adequate and up-to- date information on applicable prices and tariffs and the standard terms and conditions in respect of access and use of their services provided to consumers in accordance with Annex II. Such information shall be published in an easily accessible form. To that end the national regulatory authorities may extend the provisions of Annex II to those undertakings.
Amendment 186 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 3
Article 21 – paragraph 3
3. National regulatory authorities shall encourage the provision of information to enable end users and consumers to make an independent evaluation of the cost of alternative usage patterns, by means of interactive guides or similar techniques. Member States shall ensure that nNational regulatory authorities may make such guides or techniques available, when these are not available on the market. Third parties shall have a right to use without charge the tariffs published by undertakings providing electronic communications networks and/or services, for the purposes of selling or making available such interactive guides or similar techniques.
Amendment 190 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing electronic communications services to provide applicable tariff information to customers at the time and point of purchase to ensure that customers are fully informed of pricing conditions or other relevant aspects.
Amendment 193 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 6
Article 21 – paragraph 6
Amendment 195 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point a a (new)
Article 1 – point 13 – point a a (new)
Directive 2002/22/EC
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
Amendment 197 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2002/22/EC
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 238 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 18
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that all subscribers with numbers from the national telephone numbering plan who so request can retain their number(s) independently of the undertaking providing the service in accordance with the provisions of Annex I, part C.
Amendment 270 #
2007/0248(COD)
Proposal for a directive – amending act
Annex I – Part A – point (b)
Annex I – Part A – point (b)
Directive 2002/22/EC
Annex I – Part A – point (b)
Annex I – Part A – point (b)
i.e. the facility whereby the subscriber can, on request to a designated undertaking that provides telephone services, bar outgoing calls or other kinds of communication of defined types or to defined types of numbers free of charge.
Amendment 279 #
2007/0248(COD)
Proposal for a directive – amending act
Annex I – Part C – subparagraph 3
Annex I – Part C – subparagraph 3
Directive 2002/22/EC
Annex I – Part C – subparagraph 3
Annex I – Part C – subparagraph 3
This paragraph does not apply to the porting of numbers between networks providservices of a different nature, in particular between providers offering services at a fixed location and mobile networkor mobile locations.
Amendment 281 #
2007/0248(COD)
Proposal for a directive – amending act
Annex III – table – columns 2 and 3
Annex III – table – columns 2 and 3
Directive 2002/22/EC
Annex III – table – columns 2 and 3
Annex III – table – columns 2 and 3
ETSI EG 201 769-12 057
Amendment 207 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a
Article 13a
Amendment 724 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
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 #
2007/0247(COD)
Proposal for a directive – amending act
Annex II
Annex II
Directive 2002/20/EC
Annex II
Annex II