15 Amendments of Nikolaos VAKALIS related to 2007/0247(COD)
Amendment 91 #
Proposal for a directive – amending act
Recital 1 a (new)
Recital 1 a (new)
Amendment 112 #
Proposal for a directive – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) In its Communication “Bridging the Broadband Gap” of 20 March 2006, the European Commission acknowledged that there is a territorial divide in Europe regarding access to high speed broadband services. Despite the general increase in broadband connectivity, access in various regions is limited because of high costs due to low density of population and remoteness. Commercial incentives to invest in broadband deployment in these areas often turn out to be insufficient. On the positive side, technological innovation is reducing deployment costs. In order to ensure that investment in new technologies in underdeveloped regions is ensured, electronic communications regulation should be consistent with other policy measures taken, such as state aid policy, structural funds or wider industrial policy aims.
Amendment 113 #
Proposal for a directive – amending act
Recital 5 b (new)
Recital 5 b (new)
(5b) The activities of national regulatory authorities and of the European Commission within the framework for e- electronic communications contribute to the fulfilment of broader policies in the areas of competitiveness and innovation, culture, employment, the environment, social and regional cohesion and town and country planning.
Amendment 160 #
Proposal for a directive – amending act
Recital 31
Recital 31
(31) It is necessary to strengthen the powers of the Member States vis-à-vis holders of rights of way to ensure the entry or roll out of new network in an environmentally responsible way and independently of any obligation on an operator with significant market power to grant access to its electronic communications network. National regulatory authorities should be able to impose, on a case-by-case basis, the sharing of ducts, masts, and antennas, the entry into buildings and a better coordination of civil works. Improving facility sharing can significantly improve competition and lower the overall financial and environmental cost of deploying electronic communications infrastructure for undertakings. The sharing of ducts should be extended to cover all public infrastructure (e.g. water, sewage, electricity, gas) through which electronic communications infrastructure can be deployed to create a level playing field and improve possibilities for the roll out of alternative infrastructure.
Amendment 163 #
Proposal for a directive – amending act
Recital 32
Recital 32
(32) Reliable and secure communication of information over electronic communications networks is increasingly central to the whole economy and society in general. System complexity, technical failure or human mistake, accidents or attacks may all have consequences for the functioning and availability of the physical infrastructures that deliver important services to EU citizens, including e- Government services. National regulatory authorities should therefore ensure the integrity and security of public communications networks are maintained. The AuthorityENISA should contribute to the enhanced level of security of electronic communications by, among other things, providing expertise and advice, and promoting the exchange of best practices. Both the AuthorityENISA and the national regulatory authorities should have the necessary means to perform their duties, including powers to obtain sufficient information to be able to assess the level of security of networks or services as well as comprehensive and reliable data about actual security incidents that have had a significant impact on the operation of networks or services. Bearing in mind that the successful application of adequate security is not a one-off exercise but a continuous process of implementation, review and updating, the providers of electronic communications networks and services should be required to take measures to safeguard their integrity and security in accordance with the assessed risks, taking into account the state of the art of such measures.
Amendment 164 #
Proposal for a directive – amending act
Recital 33
Recital 33
(33) Where there is a need to agree on a common set of security requirements, power should be conferred on the Commission to adopt technical implementing measures to achieve an adequate level of security of electronic communications networks and services in the internal market. The AuthorityENISA should contribute to the harmonisation of appropriate technical and organisational security measures by providing expert advice. National regulatory authorities should have the power to issue binding instructions relating to the technical implementing measures adopted pursuant to the Framework Directive. In order to perform their duties, they should have the power to investigate and to impose penalties in cases of non-compliance.
Amendment 210 #
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, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, including those of other public and private infrastructures such as water, sewage, gas and electricity ducts, masts, street cabinets, and buildings;
Amendment 257 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 4 – point c
Article 7 – paragraph 4 – point c
Amendment 276 #
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 511 #
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. To ensure that measures taken in accordance with paragraph 1 are proportionate, national regulatory authorities shall investigate the availability of all ducts, including those of telecommunications operators, energy providers, local communities and sewage pipes, capable of carrying telecommunications lines in the area where access is requested.
Amendment 526 #
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 AuthorityENISA. Where disclosure of the breach is in the public interest, the national regulatory authority may inform the public.
Amendment 529 #
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
Every three monthsyear, the national regulatory authority shall submit a summary report to the Commission and the ENISA on the notifications received and the action taken in accordance with this paragraph.
Amendment 537 #
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]ENISA, 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 607 #
Proposal for a directive – amending act
Article 1 – point 24 a (new)
Article 1 – point 24 a (new)
Directive 2002/21/EC
Article 25
Article 25
(24a) Article 25 is replaced by the following: "The Commission shall [...] review the functioning of this Directive and report to the European Parliament and the Council no later than five years after the date of its entry into force. In its report, the Commission shall include its reasoning regarding the continued need for regulation or the possibility of its repeal, in the light of developments in the market and with regard to competition. For this purpose, the Commission may request information from the Member States, which shall be supplied without undue delay."
Amendment 686 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a
Article 13a