BETA

59 Amendments of Sharon BOWLES related to 2007/0249(COD)

Proposal for a regulation
Recital 11

(11) At the same time, a number of problems were identified, including in particular issues relating to its organisational structure, the skills mix and the size of its operational staff, and logistical difficulties. The key functions of ENISA should evolve so as to form a core component of the Authority, which on the basis of a clearer identification of objectives and tasks, should ensure that those objectives and tasks can be fulfilled in a more efficient, focused and cost effective manner, consistent with the principles of better regulation, by a single authority with competence over matters falling within the EU regulatory framework for electronic communications networks and services.deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 1 – paragraph 2

2. The Authority shall act within the scope of the Framework Directive and the Specific Directives and draw upon expertise available in the national regulatory authorities. It shall contribute to the better functioning of the internal market for electronic communications networks and services, including in particular the development of cross- Community electronic communications ~~and a high and effective level of network and information security~~, through the tasks listed in Chapters II and III.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 3 – point a

(a) issue opinions at the request of the Commission or of the European Parliament or on its own initiative and assist the Commission and the European Parliament by providing ithem with additional technical support in all matters regarding electronic communications;

2008/05/23
Committee: ECON

Proposal for a regulation
Article 3 – point e

~~(e) provide advice and assistance to the Commission or any competent body appointed by a Member State with regard to any network and information security issue falling within the Authority's remit;~~deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 3 – point f

~~(f) take individual decisions in relation to the issuance of rights-of-use for numbers from the European Telephone Numbering Space (ETNS);~~deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 3 – point g

~~(g) assist the Commission in the selection of undertakings to be granted rights of use of radio frequencies and numbers;~~deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 3 – point h

~~(h) collect and redistribute usage fees for rights-of-use of radio frequencies and numbers;~~deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 3 – point i a (new)

(ia) develop common positions on pan- European issues such as global telecommunications services in order to increase regulatory consistency and promote a pan-European market and pan- European rules.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 1

1. At the request of the European Parliament or of the Commission, the Authority shall deliver opinions on ~~all matters regarding electronic communications.~~ matters in paragraph 3 regarding electronic communications. The Commission may request an opinion on other matters regarding electronic communications provided that the request is reasoned and proportionate and that notice and an opportunity for scrutiny are given to the European Parliament and to the Council at the same time as the request is made.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 2

2. The Authority shall ~~in particular~~promote regulatory convergence and contribute to the harmonised application of the provisions of the Framework Directive and the Specific Directives by assisting the Commission in the preparation of ~~recommendations or~~ decisions to be adopted by the Commission in accordance with Article 19 of Directive 2002/21/EC (Framework Directive).

2008/05/23
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 3 – point b

(b) the security and integrity of public electronic communications networks and services, including issues linked to breaches of security and/or integrity, in accordance with Article 13a of Directive 2002/21/EC (Framework Directive) and Article 4 of Directive 2002/58/EC (Directive on privacy and electronic communications);deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 3 – point e

(e) in cooperation with relevant national regulatory authorities, analyses of specific national markets in accordance with Article 16 of Directive 2002/21/EC (Framework Directive);

2008/05/23
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 3 – point i

(i) numbering issues, in accordance with Article 10 of Directive 2002/21/EC (Framework Directive) and access to numbers and services in the Community, in accordance with Article 28 of Directive 2002/22/EC (Universal Service Directive);deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 3 – point o

~~(o) measures on radio frequencies issues in accordance with Articles 4 and 6 of Decision 676/2002/EC (the Radio Spectrum Decision);~~deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 3 – point p

(p) in accordance with Articles 6a and 6b of Directive 2002/20/EC (Authorisation Directive): (i) harmonised conditions relating to rights of use of radio frequencies or numbers; (ii) amendment or withdrawal of rights of use issued on a coordinated or harmonised basis; (iii) the selection of undertakings to which individual rights of use for frequencies or numbers could be granted for services with cross border potential.deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 1 – paragraph 1

1. ~~A European Electronic Communications Market Authority is established with~~The Body of European Regulators in Telecom (BERT) is established as the Authority having the responsibilities laid down in this Regulation.

2008/05/07
Committee: JURI

Proposal for a regulation
Article 4 – paragraph 3 – point p a (new)

(pa) measures to ensure the development of common pan-European rules and requirements for global telecommunications services providers.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 3 – point e

~~(e) provide advice and assistance to the Commission or any competent body appointed by a Member State with regard to any network and information security issue falling within the Authority's remit;~~deleted

2008/05/07
Committee: JURI

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4a. All opinions of the Authority shall be provided to the European Parliament and the Authority shall inform the European Parliament, within the regulatory procedure with scrutiny, of its final proposals.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 3 – point e

(e) in cooperation with relevant national regulatory authorities, analyses of specific national markets in accordance with Article 16 of Directive 2002/21/EC (Framework Directive);

2008/05/07
Committee: JURI

Proposal for a regulation
Article 6 – paragraph 1

1. If the Authority receives a request from the Commission pursuant to Article 16(7) of Directive 2002/21/EC (Framework Directive) to analyse a specific relevant market within a Member State, it shall conduct a market review in co-operation with the relevant national regulatory authority. They shall deliver an joint opinion, ultimately overseen by the Authority, and provide the Commission with the necessary information, including the results of the public consultation and the analysis of the market. If the Authority and the national regulatory authority finds that competition on that market is not effective, ~~its~~their opinion shall, following a public consultation, include a draft measure specifying the undertaking(s) it considers should be designated as having significant market power on that market and the appropriate obligations to be imposed.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 6

1. If the Authority receives a request from the Commission pursuant to Article 16(7) of Directive 2002/21/EC (Framework Directive) to analyse a specific relevant market within a Member State, it shall conduct a market review in cooperation with the relevant national regulatory authority. They shall deliver an joint opinion, ultimately overseen by the Authority, and provide the Commission with the necessary information, including the results of the public consultation and the analysis of the market. If the Authority and the national regulatory authority finds that competition on that market is not effective, ~~its~~their opinion shall, following a public consultation, include a draft measure specifying the undertaking(s) it considers should be designated as having significant market power on that market and the appropriate obligations to be imposed. 2. The Authority may, where appropriate, consult the relevant national competition authorities before issuing its opinion to the Commission. 3. The Authority and the national regulatory authority shall provide the Commission upon request with all the information available to carry out the tasks referred in paragraph 1.

2008/05/07
Committee: JURI

Proposal for a regulation
Article 6 – paragraph 3

3. The Authority and the national regulatory authority shall provide the Commission upon request with all the information available to carry out the tasks referred in paragraph 1.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 10 – paragraph 1

1. Upon request, the Authority shall provide advice to the Commission and ~~conduct studies and reviews, in particular on technical and econom~~to the Radio Spectrum Policy Group, as appropriate, in relation to matters within the Authority’s scope of responsibility which aspffect~~s, regarding~~ or are affected by the use of radio frequencies for electronic communications in the Community. The Authority shall work in close cooperation with the Radio Spectrum Policy Group as appropriate.

2008/05/07
Committee: JURI

Proposal for a regulation
Article 8 – paragraph 1

1. The Authority shall be able to take decisions in relation to the issuance of rights of use for numbers from the European Telephone Numbering Space (ETNS) in accordance with Article 10 of Directive 2002/21/EC (Framework Directive). It shall also be responsible for the administration and development of the European Telephone Numbering Space (ETNS) on behalf of the Member States to which the prefix 3883 has been awarded.deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 10 – paragraph 3

3. ~~Upon~~The Commission may request, the Authority ~~shall~~to provide advice to the ~~Commission~~Radio Spectrum Policy Group regarding the drawing up of common policy objectives referred to in Article 6(3) of Decision 676/2002/EC (Radio Spectrum Decision), when these fall within the electronic communications sector.

2008/05/07
Committee: JURI

Proposal for a regulation
Article 8 – paragraph 2

~~2. The Authority shall undertake tasks associated with the administration and management of harmonised numbering ranges in accordance with Article 10(4) of Directive 2002/21/EC (Framework Directive).~~deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 19 – paragraph 1

1. The Authority shall, taking account of the Community's electronic communications policy, promote the exchange of information both between the Member States, and between the Member States, national regulatory authorities and the Commission on the situation and development of regulatory activities regarding electronic communications networks and services~~, including network and information security~~.

2008/05/07
Committee: JURI

Proposal for a regulation
Article 36 – paragraph 1

1. The revenues of the Authority shall ~~consist of: (a) charges for services provided by the Authority; (b)~~be as follows: (a) one-third of its annual funding shall be paid directly in the form of a Community subsidy, under the a pproportion 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); (d) any legacies, donations or grants as mentioned in Article 26(7). (e) any voluntary contribution from the Member States or from their regulatory authoritiesriate heading of the EC budget as stipulated by the budgetary authority, in accordance with point 47 of the Interinstitutional agreement of 6 May 2006; (b) two-thirds of its annual income shall be a direct contribution from the national regulatory authorities (NRAs). Member States shall be required to ensure that the NRAs are equipped with the adequate financial and human resources to complete the tasks assigned to them by BERT, and enabling the proper funding of the latter. Member States shall specify the budget line which NRAs must from this point on use to provide resources for BERT from their annual budgets. The budgets shall be made public.

2008/05/07
Committee: JURI

Proposal for a regulation
Article 10 – paragraph 4

4. The Authority shall ~~publish an annual~~, in conjunction with the Radio Spectrum Policy Group (RSPG), maintain a repcortd onf prospective frequencies developments in the electronic communications sector ~~and policies in which~~ . From time to time as appropriate, or at the request of the Commission, the Authority shall ~~identify the~~provide a report on potential needs and challenges.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 55

Within ~~fiv~~three years from the effective start of operations and every ~~fiv~~three years thereafter, the Commission shall publish a general report on the experience acquired as a result of the operation of the Authority and of the procedures laid down in this Regulation. The evaluation shall cover the results achieved by the Authority 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. Every six years the European Parliament, the Commission and the Council, taking due account of the general reports, shall evaluate whether the Authority has achieved its objectives for regulatory convergence and whether the market can operate without its regulatory oversight. If there is agreement, the Authority will either cease to exist or be given a further six-year mandate.

2008/05/07
Committee: JURI

Proposal for a regulation
Article 11 – paragraph 2

2. Where an opinion of the Authority pursuant to paragraph 1 relates to the implementation of a common selection procedure for rights of use falling within the scope of Article 6b of Directive 2002/20/EC (Authorisation Directive), that opinion shall in particular: (a) identify the electronic communications services whose provision on a cross- border basis within the Community would benefit from the use of frequencies or numbers the rights to which are granted by means of a single procedure and under a single set of conditions; (b) identify the numbers or numbering ranges that could be used for such services; (c) assess the level of actual or potential demand within the Community for such services, and (d) specify any limitation it considers appropriate on the number of rights of use to be offered under the common selection procedure and the procedures to be followed for the selection of the undertakings to whom those rights are to be granted, taking due account where applicable of the principles set out in Article 7 of Directive 2002/20/EC (Authorisation Directive).deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 12

Proposal for the selection of undertakings The Authority shall, in accordance with Article 6 b of Directive 2002/20/EC (Authorisation Directive): (a) receive and process applications from undertakings for rights-of-use of radio frequencies and numbers and collect the administrative charges and fees imposed on undertakings pursuant to a common selection procedure; (b) carry out the common selection procedure and propose the undertaking(s) to which individual rights of use may be granted in accordance with those provisions; (c) deliver a report to the Commission detailing the applications received, describing its assessment of those applications, proposing the undertaking(s) most eligible to be granted individual rights of use and justifying this selection by reference to the selection criteria set out in the relevant implementing measure.Article 12 deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 13 – first paragraph

The Authority shall, at the request of the Commission or the RSPG, deliver an opinion to the Commission and the RSPG on the withdrawal of rights of use issued under the common procedures provided for Article 6b of Directive 2002/20/EC (Authorisation Directive).

2008/05/23
Committee: ECON

Proposal for a regulation
Article 14

In addition to the tasks referred to in Article 4(3)(b) and Article 19(4) and (5), the Authority shall contribute to the development of a culture of network and information security, in particular by: (a) facilitating cooperation between the Commission and the Member States in the development of common methodologies to prevent, address and respond to nThe Authority shall, where appropriate, liaise with the European Network and iInformation sSecurity ~~issues; (b) advising the Commission on research in~~Agency (ENISA). At the are~~a of network and information security as well as on the effective use of risk prevention technologies and promoting risk assessment activities, interoperable risk management solut~~quest of the Commissions and studies on prevention management solutions within public and private sector organisations and (c) contributing to Community efforts to cooperate with third countries and, where appropriate, with international organisations to promote a common global approach to network and informatiENISA, the Authority shall deliver an opinion to the Commission and ENISA on security issues.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 15

The Authority may, on its own initiative, deliver an opinion to the ~~Commission~~European Parliament and the Commission, in particular on the matters referred to in articles 4(2), 7(1), 8 (3), 10(1), ~~12,~~ 14, 21 and 22 and also any other matters that it deems relevant.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 16

Collection of administrative charges for 1. The Commission shall set the administrative charges imposed on undertakings for services provided by the Authority in accordance with the procedure referred in Article 54(2) and on the basis of an opinion of the Authority. The Authority shall collect these administrative charges. 2. The administrative charges shall be imposed upon the individual undertakings in an objective, transparent and proportionate manner which minimises additional administrative costs and attendant charges. 3. The administrative charges referred to in paragraph 1 may cover: (a) the administrative costs incurred by the Authority in the management of the selection procedure in accordance with Article 12; (b) the processing of appeals in accordance with Article 34; (c) the administrative costs incurred by the Authority in the administration of the European Telephone Numbering Space in accordance with Article 8. All charges shall be expressed and be payable in Euro. 4. The amount of the administrative charges shall be fixed at such a level as to ensure that the revenue from these charges is in principle sufficient to cover the full cost of the services delivered. 5. The Authority shall publish a yearly overview of its administrative costs and charges. In the light of any difference between the total sum of the charges and the total administrative costs, it shall deliver an opinion to the Commission indicating appropriate adjustments to be made to charges.Article 16 deleted services provided by the Authority

2008/05/23
Committee: ECON

Proposal for a regulation
Article 17

Collection and redistribution of usage fees for rights of use of radio frequencies and numbers and of administrative charges under a common selection procedure 1. Where usage fees for rights of use of radio frequencies or numbers issued under a common selection procedure are imposed on undertakings in accordance with Article 6b of Directive 2002/20/EC (Authorisation Directive), the Authority shall be responsible for collecting and redistributing such usage fees. Usage fees shall be redistributed, upon their receipt by the Authority, among the relevant Member States and the Authority in accordance with the time-limit and the ratio to be set by the Commission pursuant to Article 6b of Directive 2002/20/EC (Authorisation Directive). If the time-limit and the ratio are not set up by the Commission, usage fees shall be redistributed on the basis of the population of each Member State required to issue rights-of-use in the last completed year prior to the launch of the selection procedure. 2. The Authority shall be responsible for collecting and redistributing the administrative charges imposed following a common selection procedure for rights of use for frequencies or numbers on the selected undertakings to cover the administrative costs of national regulatory authorities in monitoring compliance with the common conditions. These administrative charges referred to in the first subparagraph shall be redistributed upon their receipt by the Authority to the relevant national regulatory authorities in accordance with the values provided by the national regulatory authorities.Article17 deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 19 – paragraph 1

1. The Authority shall, taking account of the Community's electronic communications policy, promote the exchange of information both between the Member States, the European Parliament and between the Member States, national regulatory authorities and the Commission on the situation and development of regulatory activities regarding electronic communications networks and services~~, including network and information security~~.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)

(ca) providing a report on the differences in regulatory practices and proposals for achieving convergence between those practices. Where the Authority considers that binding rules on regulatory practice are required it shall make appropriate recommendations to the Commission, including for their enforcement. The Authority may be given powers of enforcement.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 19 – paragraph 4

4. The Authority shall collect appropriate information, in particular in accordance with Article 13a of Directive 2002/21/EC (Framework Directive), to analyse current and emerging risks. It shall in particular, analyse at European level, those risks which could produce an impact on the resilience and the availability of electronic communications networks and on the authenticity, integrity and confidentiality of the information accessed and transmitted through them, and provide the results of the analysis to the Member States and the Commission.deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 19 – paragraph 5

5. The Authority shall contribute to awareness raising and the availability of timely, objective and comprehensive information, including on network and information security issues, for all users by, inter alia, promoting exchanges of current best practices, including on methods of alerting users, and seeking synergy between public and private sector initiatives.deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 20 – paragraph 2

2. The Authority shall be responsible for the management and publication of a database on pricing of voice and data services for mobile customers when roaming within the Community including where appropriate, the specific costs related to roaming calls made and received in the outermost regions of the Community. It shall monitor developments in such prices and publish an annual report.deleted

2008/05/23
Committee: ECON

Proposal for a regulation
Article 23

The Authority may take on specific additional tasks at the request of the Commission or of the European Parliament in all matters concerning electronic communications.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 24

The Authority shall comprise: ~~(a) an Administrative Board~~ (b) a Board of Regulators (c) a Director ~~(d) a Chief Network Security Officer~~ (e) a Permanent Stakeholders’ Group ~~(f) a Board of Appeal.~~

2008/05/23
Committee: ECON

Proposal for a regulation
Article 25

1. The Administrative Board shall be composed of twelve members. Six shall be appointed by the Commission and six by the Council. The members of the Administrative Board shall be appointed in such a way as to secure the highest standards of competence and independence, and a broad range of relevant expertise. The term of office shall be five years, renewable once. 2. The Administrative Board shall appoint its Chairperson and its Vice-Chairperson from among its members. The Vice- Chairperson shall automatically replace the Chairperson if the latter is not in a position to perform his/her duties. The terms of office of the Chairperson and of the Vice-Chairperson shall be two and a half years and shall be renewable. In any event, however, the term of office of the Chairperson and that of the Vice- Chairperson shall expire the moment they cease to be members of the Administrative Board. 3. Meetings of the Administrative Board shall be convened by its 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 a year in ordinary session. It shall also meet 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 Board may invite any person with potentially relevant opinions to attend its meetings in the capacity of an observer. The members of the Administrative Board 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. 4. Decisions of the Administrative Board shall be adopted on the basis of a two- thirds majority of the members present. 5. Each member shall have one vote. The rules of procedure shall set out in greater detail the arrangements governing voting, especially the conditions whereby one member can act on behalf of another and also, where appropriate, the rules governing quorums.Article 25 deleted Administrative Board

2008/05/23
Committee: ECON

Proposal for a regulation
Article 26

1. The Administrative Board shall, after having consulted the Board of Regulators, appoint the Director in accordance with Article 29(2). 2. The Administrative Board shall, after consulting the Director, appoint a Chief Network Security Officer in accordance with Article 31(2). 3. The Administrative Board shall appoint the members of the Board of Regulators in accordance with Article 27(1). 4. The Administrative Board shall appoint the members of the Board of Appeal in accordance with Article 33(1). 5. The Administrative Board shall adopt, before 30 September each year, after consulting the Commission and after the approval of the Board of Regulators in accordance with Article 28(3), the work programme of the Authority for the coming year and shall transmit it to the European Parliament, the Council and the Commission. The work programme shall be adopted without prejudice to the annual budgetary procedure. 6. The Administrative Board shall exercise its budgetary powers in accordance with Articles 36 to 38. 7. The Administrative Board shall decide, after having obtained the agreement of the Commission, whether to accept any legacies, donations or grants from other Community sources. 8. The Administrative Board shall exercise disciplinary authority over the Director and the Chief Network Security Officer. 9. The Administrative Board shall, where necessary, draw up the Authority's staff policy pursuant toBy agreement between the European Parliament and the Council, and after consultation with the Commission, the Director shall be appointed in accordance with Article 4929 (2). ~~10. The Administrative Board shall adopt the special provisions on right of access to the documents of the Authority, in accordance with Article 47. 11. The Administrative Board~~The Board of Regulators shall adopt the annual report on the activities of the Authority and shall transmit it to the European Parliament, the Council, the Commission, the European Economic and Social Committee and the Court of Auditors by 15 June at the latest. As provided for in Article 28(4), this report shall ~~contain an independent section approved by the Board of Regulators~~include a section concerning the regulatory activities of the Authority during the year considered. 12. The Administrative Board shall adopt its rules of procedure. 13. The Administrative Board shall deliver an opinion to the Commission on the administrative charges which the Authority may levy from undertakings in carryThe European Parliament may request a representative of the Board of Regulators to address it on relevant issues relating outo its ~~tasks as referred to in Article 16~~regulatory activities. .

2008/05/23
Committee: ECON

Proposal for a regulation
Article 27 – paragraph -1 (new)

-1. The Board of Regulators shall take on the responsibilities of the Administrative Board as laid down in this regulation, unless otherwise stated.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 27 – paragraph 6

6. When carrying out the tasks conferred upon it by this Regulation, the Board of Regulators shall act independently and shall not seek or take instructions from any government of a Member State or from any public or private interest, and shall remain independent of the Commission.

2008/05/23
Committee: ECON

Proposal for a regulation
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~~European Parliament, the Council, the Commission and the Board of Regulators, the Director shall not seek or accept any instruction from any government or from any body.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 29 – paragraph 2

2. ~~After consulting~~By agreement between the European Parliament and the Council, and after consultation with the Commission and the Board of Regulators, the Director shall be appointed ~~by the Administrative Board,~~ on the basis of merit, skills and experience relevant for electronic communications networks and services~~, from a list of at least two candidates proposed by the Commission. Before appointment, the candidate selected by the Administrative Board~~. Candidates may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 29 – paragraph 4

4. After consulting the Board of Regulators, the ~~Administrative Board~~European Parliament and the Council, acting on a proposal from the Commission, may extend the term of office of the 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 Authority. ~~The Administrative Board shall inform the European Parliament about its intention to extend the Director's term of office.~~ Within a month before the extension of his/her term of office, the Director may be invited to make a statement before the competent committee of the Parliament and answer questions put before its members. If the term of office is not extended, the Director shall remain in office until the appointment of his/her successor.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 29 – paragraph 5

5. The Director may be removed from office only upon a decision byof the ~~Administrative Board, after consulting the Board of Regulators. The Administrative Board shall reach this deci~~European Parliament and of the Council, after consulting the Commission onand the ~~basis of a majority of three quarters of its membe~~Board of Regulators.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 30

1. The Director shall be responsible for representing the Authority and shall be in charge of its management. 2. ~~The Director shall prepare the work of the Administrative Board. He/she shall participate, without having the right to vote, in the work of the Administrative Board. 3.~~ The Director shall adopt the opinions, recommendations and decisions referred to in Articles 4 to 23, subject to the assent of the Board of Regulators. 43. Each year the Director shall prepare a draft work programme of the Authority for the following year, and submit it to the Board of Regulators and to the Commission before 30 June of that year. ~~He/she shall present the work programme before 1 September for adoption by the Administrative Board. 5~~4. The Director shall be responsible for implementing the annual work programme of the Authority, under the guidance of the Board of Regulators ~~and of the Chief Network Security Officer as appropriate, and under the administrative control of the Administrative Board~~. 65. The Director shall take the necessary measures, notably the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Authority in accordance with this Regulation. 76. The Director shall make an estimate of the revenue and expenditure of the Authority pursuant to Article 37 and shall implement the budget of the Authority pursuant to Article 38. 87. Each year the Director shall prepare the draft annual report on the activities of the Authority with a section on the regulatory activities of the Authority and a section on financial and administrative matters. 98. With regard to the staff of the Authority, the Director shall exercise the powers provided for in Article 49(3).

2008/05/23
Committee: ECON

Proposal for a regulation
Article 32

1. The ~~Chief Network Security Office~~Director shall establish a Permanent Stakeholders’ Group composed of experts representing the relevant stakeholders, in particular from the information and communications technologies industry, and consumer groups ~~and academic experts in network and information security. He shall, in consultation with the Director,~~. He shall determine the procedures regarding in particular the number, the composition, the appointment of the members, and the operation of the Group. 2. The Group shall ~~be chaired by the Chief Network Security Office~~report to the European Parliament, the Commission and the Board of Regulators. 2. The Group shall be chaired by the Director. The term of office of its members shall be two-and-a- half years. Members of the Group may not be members of the ~~Administrative Board or the~~ Board of Regulators. 3. Representatives of the Commission shall be entitled to be present in the meetings and participate in the work of the Group. 4. The Group may advise the ~~Chief Network Security Office~~Director in the performance of his/her duties under this Regulation, in drawing up a proposal for the relevant parts of the Authority's work programme, as well as in ensuring communication with stakeholders on all issues related to the work programme.

2008/05/23
Committee: ECON

Proposal for a regulation
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~~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 6 May 2006; (cb) a subsidy from the Community, entered in the general budget of the European Communities (Commission Section); (d) any legacies, donations or grants as mentioned in Article 26(7). (e) any voluntary contribution from the Member Stattwo-thirds of its annual income shall be a direct contribution from the NRAs. Member States have the obligation to ensure that the NRAs are equipped with the adequate financial and human resources to complete the tasks assigned to them by BERT, and enabling the proper funding of the latter. Member States should specify the budget line, which NRAs must from this point on use to provide resources for BERT from their ~~regulatory authorities~~annual budgets. The budgets shall be made public.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 36 – paragraph 2

2. The expenditure of the Authority shall cover staff, administrative, infrastructure and operational expenses including those connected with the establishment of an independent secretariat.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 55

Within ~~fiv~~three years from the effective start of operations and every ~~fiv~~three years thereafter, the Commission shall publish a general report on the experience acquired as a result of the operation of the Authority and of the procedures laid down in this Regulation. The evaluation shall cover the results achieved by the Authority 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. Every six years the European Parliament, Commission and Council, taking due regard of the general reports, shall evaluate whether the Authority has achieved its objectives for regulatory convergence and whether the market can operate without its regulatory oversight. If there is agreement, the Authority will either cease to exist or be given a further six year mandate.

2008/05/23
Committee: ECON

Proposal for a regulation
Article 56

1. The Authority shall, on 14 March 2011, assume responsibility for all activities undertaken by the European Network and Information Security Agency prior to that date and which fall within the scope of this Regulation. 2. The ownership interest in any moveable property held by the European Network and Information Security Agency at the date referred to in paragraph 1 above shall be transferred to the Authority with effect from that date.Article 56 deleted Transitional provisions

2008/05/23
Committee: ECON