9 Amendments of Pia Elda LOCATELLI related to 2007/0247(COD)
Amendment 170 #
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 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 223 #
Proposal for a directive – amending act
Article 1 – point 2 – point e a (new)
Article 1 – point 2 – point e a (new)
Directive 2002/21/EC
Article 2 – point sa (new)
Article 2 – point sa (new)
(ea) In Article 2, the following point is added: "(sa) ‘publicly available’ means available to the general public upon acceptance of commercial terms."
Amendment 551 #
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)3 is deleted. 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 554 #
Proposal for a directive – amending act
Article 1 – point 16 – point ba (new)
Article 1 – point 16 – point ba (new)
Directive 2002/21/EC
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
(ba) Paragraph 2a is inserted: "At the latest by the date of entry into force of this Directive, the Commission shall publish guidelines for national regulatory authorities as regards decisions aimed at imposing, amending or withdrawing obligations on undertakings with significant market power."
Amendment 569 #
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 ofrom a previous notification of a draft measure relating to that marketentry into force of a measure relating to that market or earlier in the event that there is a significant change in market circumstances or if otherwise advised in an opinion of BERT or the Commission issued in accordance with Article 7a of [framework directive];
Amendment 630 #
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 the second subparagraph of paragraph 1 is replaced by the following: "(a) to the extent that is necessary to ensure end-to-end connectivity and access to services, obligations on undertakings that control access to end-users, including in justified cases the obligation to interconnect their networks on fair and reasonable terms where this is not already the case;"
Amendment 721 #
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)
(2a)In Article 3 the following paragraph is added: "2a. Service providers providing services to multi-national undertakings across more than one Member State shall be subject to no more than a simplified notification process with specified registration of electronic communications service activity as “global telecommunications services.”"
Amendment 809 #
Proposal for a directive – amending act
Article 3 – point 8 – point a
Article 3 – point 8 – point a
Directive 2002/20/EC
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
In this regard, Member States shall empower the relevant authorities to impose: (a) dissuasive financial penalties where appropriate. The measures and the reasons on which they are based shall be communicated to the undertaking concerned without delay and shall stipulate a reasonable period for the undertak, which may include periodic penalties having retroactive effect; and (b) orders to cease provision of a service or bundle which would result in a significant detriment to competition, pending to complyiance with the measureaccess obligations imposed following a market analysis under Article 16.
Amendment 810 #
Proposal for a directive – amending act
Article 3 – point 8 – point c
Article 3 – point 8 – point c
Directive 2002/20/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
In cases of serious andor repeated breaches of the conditions of the general authorisation or of the rights of use, or specific obligations referred to in Article 6(2), where measures aimed at ensuring compliance as referred to in paragraph 3 of this Article have failed, national regulatory authorities may prevent an undertaking from continuing to provide electronic communications networks or services or suspend or withdraw rights of use. Sanctions and penalties which are effective, proportionate and dissuasive may be applied to cover the period of any breach, even if the breach has subsequently been rectified.