22 Amendments of Patrizia TOIA related to 2007/0247(COD)
Amendment 87 #
Proposal for a directive – amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) It is essential that ex ante regulatory obligations should only be imposed where there is no effective competition, i.e. in markets where there are one or more undertakings with significant market power, and where national and Community competition law remedies are not sufficient to address the problem. It is necessary therefore for the Commission to draw up guidelines at Community level in accordance with the principles of competition law for national regulatory authorities to follow in assessing whether competition is effective in a given market and in assessing significant market power. National regulatory authorities should analyse whether a given product or service market affects the whole or a part of the territory of the Member State concerned or neighbouring parts of territories of Member States considered together. In order to guarantee an accurate geographical market definition, which should ensure that regulation is based on the actual market conditions, national regulatory authorities should analyse whether geographical markets should be defined where competition conditions, and in particular, infrastructure competition, are not homogeneous enough within the national territory. An analysis of effective competition should include an analysis as to whether the market is prospectively competitive, and thus whether any lack of effective competition is durable. Those guidelines should also address the issue of newly emerging markets, where de facto the market leader is likely to have a substantial market share but should not be subjected to inappropriate obligations. In this respect it is necessary to differentiate the regulatory approach between legacy and new networks, avoiding unnecessary regulatory obligations on undertakings providing new access networks and services, whose demand is subject to a high uncertainty and require important investments to be provided. The Commission should review the guidelines regularly to ensure that they remain appropriate in a rapidly developing market. National regulatory authorities will need to cooperate with each other where the relevant market is found to be transnational.
Amendment 100 #
Proposal for a directive – amending act
Recital 3 a (new)
Recital 3 a (new)
(3a) The regulatory framework should also encompass the additional aims of promoting consumer protection in the electronic communications sector by providing for accurate and comprehensive information, employing every possible arrangement and procedure to that end, for transparency in terms of fees and charges, and for high standards in the delivery of services; of fully recognising the role of consumer associations in public consultations; and of ensuring that the authorities or agents responsible are provided with the means enabling them to thwart possible rigging and act with the necessary effectiveness to stamp out any instances of fraud involving electronic communications services.
Amendment 159 #
Proposal for a directive – amending act
Recital 29
Recital 29
(29) In order to promote the functioning of the internal market, and to support the development of cross-border services, the Commission should be given the power to grant the Authority specific responsibilities in the area of numbering. Furthermore, to allow citizens of the Member States, including travellers and disabled users, to be able to reach certain services by using the same recognisable numbers at similar prices in all Member Stateessential services, such as directory enquiry services across borders, the powers of the Commission to adopt technical implementing measures should also cover, where necessary, the applicable tariff principle or mechanismmeasures to facilitate easy cross-border access.
Amendment 172 #
Proposal for a directive – amending act
Recital 43
Recital 43
(43) The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the vertically integrated operator’s own downstream divisions. Functional separation has the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier for compliance with non- discrimination obligations to be verified and enforced. In exceptional cases, it may be justified as a remedy where there has been persistent failure toit would support in achieveing effective non- discrimination in several of the markets concernedmarkets, and where there is little or no prospect of infrastructureffective competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinated coordinated analysis of different relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When performing the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.
Amendment 178 #
Proposal for a directive – amending act
Recital 46
Recital 46
(46) While it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end-to-end connectivity or interoperability of services, or in order to promote efficiency, sustainable competition and maximum benefit for end-users, it is however necessary to ensure that such obligations are imposed in conformity with the regulatory framework and in particular its notification procedures.
Amendment 181 #
Proposal for a directive – amending act
Recital 47
Recital 47
(47) The Commission has the power to adopt implementing measures with a view to adapting the conditions for access to digital television and radio services set out in Annex I to market and technological developments. This is also the case for the minimum list of items in Annex II that must be made public to meet the obligation of transparency. In addition, the Commission may have the power to impose wholesale interconnection obligations on operators controlling access to end-users in order to ensure end-users the full benefit of competition in directory enquiry services. Such services are an essential tool in the use of electronic communications services and of particular relevance to elderly and disabled users.
Amendment 202 #
Proposal for a directive – amending act
Recital 60
Recital 60
(60) In particular, power should be conferred on the Commission to adopt implementing measures in relation to the notifications under Article 7 of the Framework Directive; the harmonisation inof the fields of the spectrum and numbering as well as in matters related to the security of networks and services; the identification of trans-national markets; the implementation of the standards; the harmonised application of the provisions of the regulatory framework. Power should also be conferred to adopt implementing measures to update Annexes I and II to the Access Directive to market and technological developments and for adopting implementing measures to harmonise the authorisation rules, procedures and conditions for the authorisation of electronic communications networks and services. Since those measures are of general scope and are designed to supplement these Directives by the addition of new non- essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. When, on imperative grounds of urgency, the normal time limits for this procedure cannot be complied with, the Commission should be able to use the urgency procedure provided for in Article 5a(6) of the above Decision,on the Commission by the Framework and Authorisation Directives to harmonise the regulatory treatment of pan-European services, such as global telecommunications services.
Amendment 203 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2002/21/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a harmonised framework for the regulation of electronic communications services, electronic communications networks, associated facilities and associated services, and certain aspects of terminal equipment to facilitate access for disabled users and encourage the use of electronic telecommunications by less favoured users. It lays down tasks of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory framework throughout the Community.
Amendment 206 #
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2002/21/EC
Article 1 – paragraph 1a (new)
Article 1 – paragraph 1a (new)
(1a) In Article 1, the following paragraph is added: (1a) The harmonised regulatory framework must promote consumer protection in the electronic communications sector, guaranteeing accurate and comprehensive information in every form and through every means, together with tariff transparency and service quality. It must also recognise the role of consumer associations in consulting the public and ensure that the authorities or individuals responsible are endowed with the necessary resources to prevent potential manipulation and act with the necessary effectiveness against any fraud arising in the field of electronic communications services.
Amendment 303 #
Proposal for a directive – amending act
Article 1 – point 8 – point b
Article 1 – point 8 – point b
Directives 2002/21/EC
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) ensuring that there is no distortion or restriction of competition in the electronic communications sector, in particular for the delivery of contentand access to content and services across all networks;
Amendment 312 #
Proposal for a directive – amending act
Article 1 – point 8 – point e a (new)
Article 1 – point 8 – point e a (new)
Directives 2002/21/EC
Article 8 – paragraph 4a (new)
Article 8 – paragraph 4a (new)
(ea) In Article 8, the following paragraph is added: "4a. National regulatory authorities shall aim at creating the proper regulatory environment for investments in new access infrastructures, which have the potential to foster infrastructure-based competition. The regulatory environment should, inter alia: (a) promote market driven investments and innovation, including by allowing investment-sharing agreements and risk- sharing contracts on a commercial basis; (b) promote infrastructure-based competition wherever possible;"
Amendment 480 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 2
Article 9c – paragraph 2
These measures designed to amend nonessential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC]. The Commission shall adopt these measures taking the utmost account of the assessment by the relevant technical and standardization organizations and after consultation with interested parties.
Amendment 543 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 b – paragraph 1
Article 13 b – paragraph 1
1. Member States shall ensure that national regulatory authorities have the power to issue binding instructions to undertakings providing public communications networks or publicly available electronic communications services in order to implement Article 13a. The binding instructions shall be proportionate and economically and technically sustainable and shall be implemented within a reasonable timeframe.
Amendment 553 #
Proposal for a directive – amending act
Article 1 – point 15 – point b
Article 1 – point 15 – point b
Directive 2002/21/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
(b) Paragraph (3) is deleted.3 is replaced by: "Where an undertaking has significant market power on a specific market and where the links between the two markets are such as to allow the market power held in one market to be leveraged into the other market, thereby strengthening the market power of the undertaking, remedies aimed at identifying or preventing such leverage may be applied in the linked market in accordance with Articles 9, 10, 11 and 13 of [access directive], and in the event that these are insufficient, Article 17 of [citizens rights directive]."
Amendment 573 #
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 two years ofrom a previous notification of a draft measure relating to that market, for markets which are identified both in the previous Recommendation and in the Recommendation in force;
Amendment 576 #
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 ba (new)
Article 16 – paragraph 6 – point ba (new)
(ba) within six months of the adoption of a revised Recommendation on relevant markets, for any market subject to regulation and not listed in the revised Recommendation, within the first three months the NRA shall notify the result of the three criteria test defined in the Recommendation and, in the case of markets passing this test, shall, within the following three months, carry out the SMP assessment of the market in order to decide whether to maintain, modify or withdraw existing obligations; or
Amendment 597 #
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 4 – point a
Article 19 – paragraph 4 – point a
(a) Consistent implementation of regulatory approaches, including regulatory treatment of pan-European services, such as global telecommunications services, and of new services;
Amendment 613 #
Proposal for a directive – amending act
Article 1 – point 26
Article 1 – point 26
Directive 2002/21/EC
Annexes I and II
Annexes I and II
(26) Annexes I and II are deleted. I is deleted and Annex II is replaced by the following: "ANNEX II Criteria to be used by national regulatory authorities in making an assessment of joint dominance in accordance with Article 14(2), second subparagraph Two or more undertakings can be found to be in a joint dominant position within the meaning of Article 14 if, even in the absence of structural or other links between them, they operate in a market which is characterised by a lack of effective competition and in which no single undertaking has significant market power. Without prejudice to the case law of the Court of Justice on joint dominance, this is likely to be the case where the market is concentrated and exhibits a number of appropriate characteristics of which the following may be the most relevant in the context of communications: - [...] - low elasticity of demand - [...] - similar market shares - [...] - high legal or economic barriers to entry - vertical integration with collective refusal to supply - lack of countervailing buyer power - lack of potential competition - [...] The above is an indicative list and is not exhaustive, nor are the criteria cumulative. Rather, the list is intended to illustrate only the sorts of evidence that could be used to support assertions concerning the existence of joint dominance."
Amendment 620 #
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 services. 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 subscriber databases for the provision of directory services; access to third-party billing services; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services; access to virtual network services.
Amendment 647 #
Proposal for a directive – amending act
Article 2 – point 6 b (new)
Article 2 – point 6 b (new)
Directive 2002/19/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
(6b) In Article 9, paragraph 4 is replaced by the following: "4. Notwithstanding paragraph 3, where an operator has been found to have SMP in a relevant market under Article [15 of the Framework Directive] relating to local access at a fixed location, national regulatory authorities shall ensure the publication of a reference offer containing at least the elements set out in Annex II."
Amendment 720 #
Proposal for a directive – amending act
Article 3 – point 2 a (new)
Article 3 – point 2 a (new)
Directive 2002/20/EC
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
In Article 3 the following paragraph is added: "2a. Global telecommunications services shall be subject to no more than a simplified notification process with specified registration of electronic communications service activity as “global telecommunications services.” Global telecommunications services are managed business data and voice services provided to multinational undertakings located in different countries and often different continents. They are inherently cross-border and, within Europe, pan- European services."
Amendment 789 #
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 da (new)
Article 6a – paragraph 1 – subparagraph 1 – point da (new)
(da) to harmonise the conditions specified in Annex I relating to general authorisations;