19 Amendments of Pilar del CASTILLO VERA related to 2007/0249(COD)
Amendment 153 #
Proposal for a regulation
Recital 32
Recital 32
(32) The structure of the AuthorityBERT should be suitable for the tasks it is to perform. Experience with similar Community authorities provides some guidance in this respect, but tThe structure should be adapted to meet the specific needs of the Community system for the regulation of electronic communications. In particular, the specific role of the national regulatory authoritieNRAs and their independent nature at all levels needs to be fully addressed.
Amendment 156 #
Proposal for a regulation
Recital 40
Recital 40
(40) In order to guarantee the full autonomy and independence of the AuthorityBERT, it should receive an autonomous budget. The Community budgetary procedure remains applicable as for any subsidies chargeable to the general budget of the European Union are concerned. Moreover, the Court of Auditors should undertake the auditing of accounts in accordance with Article 91 of Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget ofWhilst one third of its funding will be provided by the general budget of the European Union, two thirds of its funding will be provided by the NRAs. Member States are obliged to ensure that NRAs have adequate and unconditional funding for this purpose. This method of financing should be without prejudice to BERT’s independence both from the Member States and the European Communitiesission.
Amendment 157 #
Proposal for a regulation
Recital 42
Recital 42
(42) The Commission should be able to impose financial penaltitake the necessary measures oin case undertakings that do notfail to provide the information that is necessary for the AuthorityBERT to achieve its tasks effectively. Also, Member States should ensure that they have an appropriate framework for imposing on undertakings effective, proportionate and dissuasive penalties for non-compliance with obligations arising from this Regulation.
Amendment 183 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Consultation of the AuthorityBERT on the definition and analysis of national markets and on and on remedies remedies
Amendment 208 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Meetings of the Administrative Board shall beBoard of Regulators, convened by itsthe Chairperson. The Director of the Authority shall participate in the deliberations unless the Administrative Board decides otherwise. The Administrative Board shall meet at least twice shall occur at least four times a year in ordinary session. It shallmay also meet exceptionally at the initiative of its Chairperson, at the request of the Commission or at the request of at least a third of its members. The Administrative BoardBoard of Regulators may invite any person with potentially relevant opinions to attend its meetings in the capacity of an observer. The members of the Administrative BoardBoard of Regulators may, subject to the rules of procedure, be assisted by advisers or by experts. The Administrative Board’s secretarial services shall be provided by the Authority.
Amendment 209 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Decisions of the Administrative BoardBoard of Regulators shall be adopted on the basis of a two- thirds majority of the members present unless otherwise provided for in this Regulation, the Framework Directive and the Specific Directives. The Board of Regulators shall approve the rules of procedure of BERT by a two thirds majority. These rules of procedure shall guarantee that the members of the Board of Regulators are always provided with full agendas and draft proposals in advance of each meeting in order to have the chance to propose amendments prior to the vote.
Amendment 212 #
Proposal for a regulation
Article 26 – paragraph 8
Article 26 – paragraph 8
8. The Administrative BoardBoard of Regulators shall exercise disciplinary authority over the Director and the Chief Network Security OfficeManaging Director.
Amendment 214 #
Proposal for a regulation
Article 26 – paragraph 13 a (new)
Article 26 – paragraph 13 a (new)
13a. The Board of Regulators shall provide guidance to the Managing Director in the execution of the Managing Director’s tasks.
Amendment 217 #
Proposal for a regulation
Article 29 – title
Article 29 – title
The Director The Managing Director
Amendment 219 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Authority shall be managed by its Director, who shall act independently in the performance of his/her functions. Without prejudice to the respective powers of the Commission, the Administrative Board and the Board of Regulators, theBERT shall, under the guidance of the Board of Regulators, be managed by its Managing Director. The Managing Director shall not seek or accept any instruction from any government or from any body.
Amendment 221 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Managing Director’s term of office shall be five years. In the course of the nine months preceding the end of this period, the Commission shall undertake an evaluation. In the evaluation, the Commission shall assess in particular : (a) the performance of the Director; (b) the Authority’s duties and requirements in the coming years.
Amendment 222 #
Proposal for a regulation
Article 29 – paragraph 4 – first subparagraph
Article 29 – paragraph 4 – first subparagraph
4. After consulting tThe Board of Regulators, the Administrative Board, acting on a proposal from the Commission, may extend the term of office of the Managing Director once for not more than three years, taking into account the evaluation report and only in those cases where it can be justified by the duties and requirements of the AuthorityBERT.
Amendment 226 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Director shall be responsible for representing the AuthorityManaging Director may be authorised by the Board of Regulators to represent BERT in specific matters and shall be in charge of its management.
Amendment 231 #
Proposal for a regulation
Article 30 – paragraph 9
Article 30 – paragraph 9
9. With regard to the staff of the Authority, theBERT, the Board of Regulators may delegate to the Managing Director shallthe exercise of the powers provided for in Article 49(3).
Amendment 232 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The revenues of the Authority shall consist of: (a) charges for services provided by the Authority; (b) a proportion of usage fees paid by applicants in accordance with the provisions of Article 17; (c) a subsidy from the Community, entered in the general budget of the European Communities (Commission Section)BERT shall be divided as follows: (a) one-third of its annual funding shall be paid directly in the form of a Community subsidy, under the appropriate heading of the EC budget as stipulated by the budgetary authority, in accordance with point 47 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management1; (db) any legacies, donations or grants as mentioned in Article 26(7). (e) any voluntary contribution from the Member States or from their regulatory authoritiestwo-thirds of its annual funding shall be paid as a direct contribution from the NRAs. Member States shall ensure that the NRAs have the adequate financial and human resources required to participate in the work of BERT, and properly fund the latter. Member States shall specify the budget line, which NRAs must use to provide resources for BERT from their annual budgets. The budgets shall be made public. _____________________ 1 OJ C 139, 14.6.2006, p. 1. Agreement as amended by Decision 2008/29/EC of the European Parliament and of the Council (OJ L 6, 10.1.2008, p. 7).
Amendment 240 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Amendment 242 #
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. WThen penalties are imposed under this Article, the Authority shall publish the names of the undertakings involved and the amounts of and reasons for the financial penalties imposed Commission shall demand the attention of undertakings when they fail to comply with the request for information referred to in Article 41. If appropriate, and upon the request by BERT, the Commission may publish the names of these undertakings.
Amendment 247 #
Proposal for a regulation
Article 55
Article 55
Within fivthree years from the effective start of operations and every five years thereafter, the Commission shall publish a generaln evaluation report on the experience acquired as a result of the operation of the Authority and of the procedures laid down in this RegulationBERT. The evaluation shall cover the results achieved by the AuthorityBERT and its working methods, in relation with its objective, mandate and tasks defined in this Regulation and in its annual work programmes. The evaluation shall take into account the views of stakeholders, at both Community and national level. The report and any accompanying proposals shall be forwarded to the European Parliament and to the Council. The European Parliament shall give an opinion on the Commission’s report.
Amendment 248 #
Proposal for a regulation
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
Within five years of the effective start of operations, BERT shall cease to exist unless the European Parliament, the Council and the Commission find that market conditions have not evolved to the extent that a body of regulators is no longer necessary. In this regard, the Commission shall publish a report evaluating market conditions and forecasting the trends. The evaluation report and any accompanying legislative proposal shall be forwarded in due course to both the European Parliament and the Council.