[ParlTrack]

Proposal for a directive – amending act
Article 1 – point 3 a (new)

Directive 2002/21/EC
Article 3 – paragraph 6 a (new)

6a. National competition authorities, the Commission and national regulatory authorities shall not impose sanctions in relation to the same facts sanctioned or dismissed by another authority acting within the scope of its own competences where the same facts and subject matter is involved.

2008/05/14
Committee: IMCO

Zuzana ROITHOVÁ

Proposal for a directive – amending act
Article 1– point 6

Directive 2002/21/EC
Article 7 −paragraph 8

8. Where a draft measure has been amended in accordance with paragraph 6, the Commission may take a decision, requiring the national regulatory authority to impose a specific obligation under Articles 9 to 13a of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive) within a given time-limit. In so doing, the Commission shall pursue the same policy objectives as set out for national regulatory authorities in Article 8. The Commission shall take utmost account of the opinion of the Authority submitted in accordance with Article 6 of Regulation […./EC], in particular in elaborating the details of the obligation(s) to be imposed.deleted

2008/05/14
Committee: IMCO

Zuzana ROITHOVÁ

Proposal for a directive – amending act
Article 1 – point 8 – point (b)

Directive 2002/21/EC
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 content~~;

2008/05/14
Committee: IMCO

Zuzana ROITHOVÁ

Proposal for a directive – amending act
Article 2 – point 1

Directive 2002/19/EC
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 nonexclusive 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 fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services;, access to virtual network services.

2008/05/14
Committee: IMCO

Zuzana ROITHOVÁ

Proposal for a directive – amending act
Article 2 – point 9

Directive 2002/19/EC
Article 13a

1. A national regulatory authority may, in accordance with the provisions of Article 8, and in particular the second subparagraph of Article 8(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of access products in an independently operating business unit. That business unit shall supply access products and services to all undertakings, including other business units within the parent company, on the same timescales, terms and conditions, including with regard to price and service levels, and by means of the same systems and processes. 2. When a national regulatory authority intends to impose an obligation for functional separation, it shall submit a request to the Commission that includes. (a) evidence that the imposition of appropriate obligations amongst those identified in Articles 9-13 to achieve effective competition following a co- ordinated analysis of the relevant markets in accordance with the market analysis procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) has failed and would fail on a persistent basis to achieve effective competition and that there are important and persisting competition problems/market failures identified in several of these product markets. (b) an analysis of the expected impact on the regulatory authority, on the undertaking, and on its incentives to invest in its network, and on other stakeholders including in particular the expected impact on infrastructure competition and any potential entailing effects on consumers; (c) a draft of the measure being proposed 3. The draft measure shall include the following elements: (a) the precise nature and level of separation, specifying in particular the legal status of the separate business entity; (b) identification of the assets of the separate business entity, and the products or services to be supplied by this entity; (c) the governance arrangements to ensure the independence of the staff employed by the separate business entity, and the corresponding incentive structure; (d) rules for ensuring compliance with the obligations; (e) rules for ensuring transparency of operational procedures, in particular towards other stakeholders; (f) a monitoring programme to ensure compliance, including publication of an annual report. 4. Following the Commission's decision on the draft measure taken in accordance with Article 8(3), the national regulatory authority shall conduct a coordinated analysis of the different markets related to the access network in accordance with the procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive). On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with Articles 6 and 7 of Directive 2002/21/EC (Framework Directive). 5. An undertaking on which functional separation has been imposed may be subject to any of the obligations identified in Articles 9–13 in any specific market where it has been designated as having significant market power in accordance with Article 16 of Directive 2002/21/EC (Framework Directive), or any other obligations authorised by the Commission pursuant to paragraph 3 of Article 8Article 13a deleted Functional separation

2008/05/14
Committee: IMCO

5 Amendments of Zuzana ROITHOVÁ related to 2007/0247(COD)

ParlTrack - 2011-2024