BETA

76 Amendments of Silvia-Adriana ȚICĂU related to 2013/0309(COD)

Silvia-Adriana ȚICĂU

Proposal for a regulation
Recital 3

(3) In a seamless single market in electronic communications, the freedom to provide electronic communications networks and services to every customer in the Union and the right of each end-user to choose the best offer available on the market should be ensured and should not be hindered by the fragmentation of markets along national borders. The current regulatory framework for electronic communications does not fully address such fragmentation, with national, rather than Union-wide general authorisation regimes, national spectrum assignment schemes, differences of access products available for electronic communications providers in different Member States, and different sets of sector-specific consumer rules applicableneeds to be harmonised and simplified to facilitate and speed up the completion of the digital single market. The Union rules in many cases merely define a baseline, and are often implemented in diverging ways by the Member States.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Recital 6

(6) This Regulation aims at the completion of the single electronic communications market through action on three broad, inter-related axes. First, it should secure the freedom to provide electronic communications services across borders and networks in different Member States, building on ~~the concept of a single EU authorisation which puts in place the condi~~harmonised and simplified regulations ~~for~~to ensur~~ing~~e greater consistency and predictability in the content and implementation of sector- specific regulation throughout the Union. Second, it is necessary to enable access on much more convergent terms and conditions to essential inputs for the cross- border provision of electronic communications networks and services, not only for wireless broadband communications, for which both licensed and unlicensed spectrum is key, but also for fixed line connectivity. Third, in the interests of aligning business conditions and building the digital confidence of citizens, this Regulation should harmonise rules on the protection of end-users, especially consumers. This includes rules on non- discrimination, contractual information, termination of contracts and switching, in addition to rules on access to online content, applications and services and on traffic management which not only protect end-users but simultaneously guarantee the continued functioning of the Internet ecosystem as an engine of innovation. In addition, further reforms in the field of roaming should give end-users the confidence to stay connected when they travel in the Union, and should become over time a driver of convergent pricing and other conditions in the Union.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Recital 9

(9) The provision of cross-border electronic communications is still subject to greater burdens than those confined to the national borders. In particular, cross- border providers still need to notify and pay fees in individual host Member States. Holders of a single EU authorisation should be subject to a single notification system in the Member State of their main establishment (home Member State), which will reduce the administrative burden for cross-border operators. The single EU authorisation should apply to any undertaking that provides or intends to provide electronic communications services and networks in more than oneHarmonised and simplified regulations need to be introduced on the format and content of the notifications that must be made by operators in each Member State~~, t~~ whereby entitling it to enjoy the rights attached to the freedom to provide electronic communications services and networks in accordance with this Regulation in any Member State. A single EU authorisation defining the legal framework applicable to electronic communications operators providing services across Member States on the basis of a general authorisation in the home Member State should ensure the effectiveness of the freedom to provide electronic communications services and networks in the whole Union they wish to operate. The Commission should draw up the standard notification format after consulting all interested parties and with the support of BEREC.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Recital 11

(11) Irrespective of how the provider chooses to operate electronic communications networks or provide electronic communications services across borders, the regulatory regime applicable to a ~~Europea~~n electronic communications provider should be neutral vis-à-vis the commercial choices which underlie the organisation of functions and activities across Member States. Therefore, regardless of the corporate structure of the undertaking, the home Member State of a European electronic communications provider should be considered to be the Member State where the strategic decisions concerning the provision of electronic communications networks or services are taken.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Recital 13

(13) Most sector-specific conditions, for example concerning access to or security and integrity of networks or access to emergency services, are strongly linked to the place where such network is located or the service is provided. Consequently a European electronic communications provider may be subject to conditions applicable in the Member States where it operates, to the extent that this Regulation does not provide otherwise.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Recital 14

(14) Where Member States require contribution from the sector in order to finance universal service obligations and to the administrative costs of the national regulatory authorities, the criteria and procedures for apportioning contributions should be proportionate and non- discriminatory with regard to European electronic communications providers, so as not to hinder cross-border market entry, in particular of new entrants and smaller operators; individual undertakings’ contributions should therefore take into account the contributor’s market share in terms of turnover realised in the relevant Member State and should be subject to the application of a de minimis threshold.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Recital 15

(15) It is necessary to ensure that in similar circumstances there is no discrimination in the treatment of any ~~European~~ electronic communications provider by different Member States and that consistent regulatory practices are applied in the single market, in particular as regards measures falling within the scope of Articles 15 or 16 of Directive 2002/21/EC, or Articles 5 or 8 of Directive 2002/19/EC. E~~uropean e~~lectronic communications providers should therefore have a right to equal treatment by the different Member States in objectively equivalent situations in order to enable more integrated multi- territorial operations. Furthermore, there should be specific procedures at Union level for the review of draft decisions on remedies within the meaning of Article 7a of Directive 2002/21/EC in such cases, in order to avoid unjustified divergences in obligations applicable to ~~European~~ electronic communications providers in different Member States.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Recital 16

(16) An allocation of regulatory and supervisory competences should be established between the home and any host Member State of European electronic communications providers with a view to reducing the barriers to entry while ensuring that the applicable conditions for the provision of electronic communications services and networks by these providers are properly enforced. Therefore, while each national regulatory authority should supervise compliance with the conditions applicable in its territory in accordance with Union legislation, including by means of sanctions and interim measures, only the national regulatory authority in the home Member State should be entitled to suspend or withdraw the rights of a European electronic communications provider to provide electronic communications networks and services in the whole Union or part thereof.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 1 – paragraph 3 – point a

(a) ~~a single EU authorisation for European electronic communic~~the introduction of a single EU standard notification form that will provide each Member State with all the information necessary for the authorisations pro~~viders~~cedure;

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 1 – paragraph 3 – point b

(b) further convergence of regulatory conditions as regards the necessity and proportionality of remedies imposed by national regulatory authorities on ~~European~~ electronic communications providers;

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 2 – paragraph 2 – point 4

4. "single EU authorisation" means the legal framework applicable to a European electronic communications provider in the whole Union based on the general authorisation in the home Member State and in accordance with this Regulation;deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 2 – paragraph 2 – point 5

~~5. "home Member State" means the Member State where the European electronic communications provider has its main establishment;~~deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 2 – paragraph 2 – point 6

6. "main establishment" means the place of establishment in the Member State where the main decisions are taken as to the investments in and conduct of the provision of electronic communications services or networks in the Union;deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Chapter 2 – title

~~Single EU~~Harmonisation and simplification of authorisation regulations

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 3 – paragraph 1

(1) A ~~Europea~~n electronic communications provider has the right to provide electronic communications networks and services in the whole Union and to exercise the rights linked to the provision of such networks and services in each Member State where it operates pursuant to ~~a single EU authorisation which is subject only to the notification requirements provided in~~Article 3 of Directive 2002/20/EC as amended by Directive 2009/140/EC, on the basis of a notification for each Member State concerned. The notification format shall be a single EU standard format, in accordance with Article 4.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 3 – paragraph 2

(2) The European electronic communications provider is subject to the rules and conditions applied in each Member State concerned in compliance with Union law ~~unless otherwise provided in this Regulation and without prejudice to Regulation (EU) No 531/2012~~.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 3 – paragraph 3

(3) By way of derogation from Article 12 of Directive 2002/20/EC, a European electronic communications provider may be subject to administrative charges applicable in the host Member State only if it has an annual turnover for electronic communications services in that Member State above 0,5% of the total national electronic communications turnover. In levying these charges only the turnover for electronic communications services in the Member State concerned shall be taken into account.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 3 – paragraph 4

(4) By way of derogation from Article 13(1)(b) of Directive 2002/22/EC a European electronic communications provider may be subject to the contributions imposed to share the net cost of universal service obligations in the host Member State only if it has an annual turnover for electronic communications services in that Member State above 3% of the total national electronic communications turnover. In levying any such contribution only the turnover in the Member State concerned shall be taken into account.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 3 – paragraph 5

(5) ~~A European e~~Electronic communications providers shall be entitled to equal treatment by the national regulatory authorities of different Member States in objectively equivalent situations.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 3 – paragraph 6

(6) In the event of a dispute between undertakings involving a European electronic communications provider regarding obligations applicable in accordance with Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC, this Regulation or Regulation (EU) No 531/2012 in a host Member State, the European electronic communications provider may consult the national regulatory authority in the home Member State, which may deliver an opinion with a view to ensuring the development of consistent regulatory practices. The national regulatory authority in the host Member State shall take utmost account of the opinion issued by the national regulatory authority of the home Member State when deciding the dispute.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 3 – paragraph 7

(7) European electronic communications providers who, at the date of entry into force of this Regulation, have the right to provide electronic communications networks and services in more than one Member State shall submit the notification provided for in Article 4 at the latest by 1 July 2016.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 4 – title

~~Notification procedure for European electronic communications providers~~Standard notification format

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 4 – paragraph 1

(1) A European electronic communications provider shall submit a single notification in accordance with this Regulation to the national regulatory authority of the home Member State, before beginning activity in at least one Member StateThe Commission shall adopt implementing acts to define the standard notification format no later than 30 December 2014, after consulting all interested parties and BEREC.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1

The notification shall contain a declaration of the provision or the intention to commence the provision of electronic communications networks and services and shall be accompanied by the following information only: (a) the name of the provider, his legal status and form, registration number, where the provider is registered in trade or other similar public register, the geographical address of the main establishment, a contact person, a short description of the networks or services provided or intended to be provided, including identification of the home Member State; (b) the host Member State(s) where the services and the networks are provided or intended to be provided directly or by subsidiaries and, in the latter case, the name, his legal status and form, geographical address, registration number, where the provider is registered in trade or other similar public register in the host Member State, and contact point of any subsidiary concerned and the respective operating areas. Where a subsidiary is controlled jointly by two or more electronic communications providers with their main establishments in different Member States the subsidiary shall indicate the relevant home Member State among those of the parent companies for the purpose of this Regulation and shall be notified by the parent company of that home Member State accordingly.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 4 – paragraph 3

(3) Any change to the information submitted in accordance with paragraph 2 shall be made available to the national regulatory authority of the home Member State within one month following the change. In the event that the change to be notified concerns the intention to provide electronic communications networks or services in a host Member State that is not covered by a previous notification, the European electronic communications provider may begin activity in that host Member State upon notification.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 4 – paragraph 4

(4) Non-compliance with the notification requirement laid down in this Article shall constitute a breach of the common conditions applicable to the European electronic communications provider in the home Member State.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1

The national regulatory authority of the home Member State shall forward the information received in accordance with paragraph 2 and any change to that information in accordance with paragraph 3 to the national regulatory authorities of the concerned host Member States and to the BEREC Office within one week following reception of such information or any change.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 4 – paragraph 6

(6) At the request of a European electronic communications provider, the national regulatory authority of the home Member State shall issue a declaration in accordance with Article 9 of Directive 2002/20/EC, specifying that the undertaking in question is subject to the single EU authorisation.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 4 – paragraph 7

(7) In the event that one or more national regulatory authorities in different Member States consider that the identification of the home Member State in a notification made in accordance with paragraph 2 or any change to the provided information made available in accordance with paragraph 3 does not correspond or no longer corresponds to the main establishment of the undertaking pursuant to this Regulation, it shall refer the issue to the Commission, substantiating the grounds on which it bases its assessment. A copy of the referral shall be communicated to the BEREC Office for information. The Commission, having given the relevant European electronic communications provider and the national regulatory authority of the disputed home Member State the opportunity to express their views, shall issue a decision determining the home Member State of the undertaking in question pursuant to this Regulation within three months following the referral of the issue.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 5

Article 5 Compliance with the single EU authorisation (1) The national regulatory authority of each concerned Member State shall monitor and ensure, in accordance with its national legislation implementing the procedures provided for in Article 10 of Directive 2002/20/EC, that European electronic communications providers comply with the rules and conditions applicable in its territory in accordance with Article 3. (2) The national regulatory authority of a host Member State shall transmit to the national regulatory authority of the home Member State any relevant information concerning individual measures adopted in relation to a European electronic communications provider with a view to ensuring compliance with the rules and conditions applicable in its territory in accordance with Article 3.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 6

~~[...]~~deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 7

Article 7 Coordination of enforcement measures (1) When applying Article 6, the national regulatory authority of the home Member State shall take supervisory or enforcement measures related to an electronic communications service or network provided in another Member State or which has caused damage in another Member State with the same diligence as if the electronic communications service or network concerned was provided in the home Member State. (2) The Member States shall ensure that within their territories it is possible to serve the legal documents relating to measures taken in accordance with Articles 5 and 6.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2

The national competent authorities shall refrain from applying procedures or imposing conditions for the use of radio spectrum which may unduly impede European electronic communications providers from providing integrated electronic communications networks and services in several Member States or throughout the Union.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 9 – paragraph 2

(2) The national competent authorities shall apply the ~~least onerous~~most efficient authorisation system possible for allowing the use of radio spectrum, on the basis of objective, transparent, non-discriminatory and proportionate criteria, in such a way as to maximise flexibility and efficiency in radio spectrum use and to promote comparable conditions throughout the Union for integrated multi-territorial investments and operations by ~~European~~ electronic communications providers.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2

This paragraph shall be without prejudice to the application of paragraph 5 as regards any conditions resulting in differentiated fees between operators which are laid down with a view to promoting effective competition.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 10 – paragraph 4 – introductory part

(4) National competent authorities may impose obligations to reach minimum territorial coverage ~~only when they are necessary and proportionate, in accordance with Article 9(4)(d)~~, to achieve specific objectives of general interest determined at national level. When imposing such obligations, the national competent authorities shall have regard to the following:

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 10 – paragraph 4 – point b

~~(b) the minimisation of the number of operators potentially subject to such obligations;~~deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

In order to ensure a coherent implementation of paragraph 1 throughout the Union and in particular to enable the synchronised availability of wireless services within the Union, the Commission may~~, by way of implementing acts~~ propose legislative measures for:

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a

(a) ~~establish~~ a common timetable for the Union as a whole, or timetables appropriate to the circumstances of different categories of Member States, the date or dates by which individual rights of use for a harmonised band, or a combination of complementary harmonised bands, shall be granted and actual use of the radio spectrum shall be allowed for exclusive or shared provision of wireless broadband communications throughout the Union;

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) ~~determine~~ a minimum duration for the rights granted in the harmonised bands;

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d

(d) ~~define~~ the date of expiry of any existing rights of use of harmonised bands other than for wireless broadband communications, or, in the case of rights of indefinite duration, the date by which the right of use shall be amended, in order to allow the provision of wireless broadband communications.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1

The Commission may also ~~adopt implementing acts~~propose legislative action to harmonis~~ing~~e the date of expiry or renewal of individual rights to use radio spectrum for wireless broadband in harmonised bands, which already exist at the date of adoption of such acts, with a view to synchronising throughout the Union the date for renewal or reassignment of rights of use for such bands, including possible synchronisation with the date of renewal or reassignment of other bands harmonised by implementing measures adopted in accordance with paragraph 2 or with this paragraph. ~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33 (2).~~

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2

Where implementing acts provided for in this paragraph define a harmonised date for renewal or reassignment of rights of use of radio spectrum which falls after the date of expiry or renewal of any existing individual rights of use of such radio spectrum in any of the Member States, the national competent authorities shall extend the existing rights until the harmonised date under the same previously applicable substantive authorisation conditions, including any applicable periodic fees.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 3

Where the extension period granted in accordance with the second subparagraph is significant in comparison with the original duration of the rights of use, national competent authorities may subject the extension of rights to any adaptations of the previously applicable authorisation conditions which are necessary in the light of the changed circumstances, including the imposition of additional fees. These additional fees shall be based on an application pro rata temporis of any initial fee for the original rights of use which was expressly calculated by reference to the originally foreseen duration.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 4

The implementing acts provided for in this paragraph shall not require the shortening of the duration of existing rights of use in any Member State except in accordance with Article 14(2) of Directive 2002/20/EC and shall not apply to existing rights of indefinite duration.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 5

Where the Commission adopts an implementing act pursuant to paragraph 2, it may apply the provisions of this paragraph mutatis mutandis to any rights of use of the harmonised band concerned for wireless broadband.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1 – introductory part

When adopting the ~~implementing act~~measures provided for in paragraphs 2 ~~and 3~~, the Commission shall have regard to:

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 1

Paragraph 2 shall be without prejudice to the right of the Member States to grant rights of use for and to allow actual use of a harmonised band before the adoption of an implementing act in respect of that band, subject to compliance with the second subparagraph of this paragraph, or in advance of the harmonised date established by an implementing act for that band.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2

Where national competent authorities grant rights of use in a harmonised band before the adoption of an implementing act in respect of that band, they shall define the conditions of such grant, and in particular those relative to duration, in such a way that beneficiaries of the rights of use are made aware of the possibility that the Commission would adopt implementing acts in accordance with paragraph 2 establishing a minimum duration of such rights or a synchronised expiry or renewal cycle for the Union as a whole. This subparagraph shall not apply to the grant of rights of indefinite duration.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1

For the harmonised bands for which a common timetable for granting rights of use and allowing actual use has been established in an implementing act adopted in accordance with paragraph 2, national competent authorities shall provide timely and sufficiently detailed information to the Commission on their plans to ensure compliance. The Commission may adopt ~~implementing~~delegated acts defining the format and procedures for the provision of such information. Those ~~implementing~~delegated acts shall be adopted in accordance with ~~the examination procedure referred to in~~ Article 3~~3 (2)~~2.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2

Where the Commission considers, upon reviewing such detailed plans provided by a Member State, that it is unlikely that the Member State in question will be able to comply with the timetable applicable to it, the Commission may adopt a decision by means of implementing act requiring that Member State to adapt its plans in an appropriate way to ensure such compliance.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 13 – paragraph 5 – point a

(a) present a draft decision to the Communications Committee requiring the competent authority concerned to withdraw the draft measure. The draft decision shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted as notified, together where necessary with specific proposals for amending the draft measure; ordeleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1

Where the Commission has not presented a draft decision referred to in paragraph 5~~(a) or takes a decision referred to in paragraph 5(b)~~, the competent authority concerned may adopt the draft measure.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2

Where the Commission has presented a draft decision referred to in accordance with paragraph 5~~(a)~~, the draft measure shall not be adopted by the competent authority for a period not exceeding ~~six~~two months from the notification sent to the competent authority pursuant to paragraph 2.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 13 – paragraph 7

(7) The Commission shall adopt any decision requiring the competent authority to withdraw its draft measure by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33 (2).deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 13 – paragraph 8

(8) Where the Commission has adopted a decision in accordance with paragraph 7, the competent authority shall amend or withdraw the draft measure within six months of the date of notification of the Commission's decision. When the draft measure is amended, the competent authority shall undertake a public consultation where appropriate, and shall make the amended draft measure accessible to the Commission in accordance with paragraph 1.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 13 – paragraph 9

(9) The competent authority concerned shall take the utmost account of any comments of competent authorities of the other Member States and the Commission and may, except in cases covered by the third sub-paragraph of paragraph 2, and by the second sub-paragraph of paragraph 6 ~~and by paragraph 7~~, adopt the resulting draft measure and where it does so, shall communicate it to the Commission.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 16 – paragraph 3 – subparagraph 2

The Commission may adopt implementing measures to ensure that coordinated outcomes respect the requirement of equitable access to radio spectrum among the relevant Member States, to resolve any practical inconsistencies between distinct coordinated outcomes between different Member States, or to ensure the enforcement of coordinated solutions under Union law. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 21 – paragraph 3 a (new)

(3a) Billing shall be done both in the currency of the end-user's Member State and in euro, in order to provide transparency and make it easier to compare tariffs.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2

End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services. The tariffs may not exceed the eurotariffs.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 24 – paragraph 3

(3) The Commission may adopt ~~implementing~~delegated acts defining uniform conditions for the implementation of the obligations of national competent authorities under this Article. Those implementing acts shall be adopted in accordance with ~~the examination procedure referred to in~~ Article 3~~3 (2)~~2.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 25 – paragraph 2

(2) The Commission may adopt ~~implementing~~delegated acts specifying the methods for measuring the speed of internet access services, the quality of service parameters and the methods for measuring them, and the content, form and manner of the information to be published, including possible quality certification mechanisms. The Commission may take into account the parameters, definitions and measurement methods set out in Annex III of the Directive 2002/22/EC. Those implementing acts shall be adopted in accordance with ~~the examination procedure referred to in~~ Article 3~~3 (2)~~2.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 26 – paragraph 1 – point e – point i

(i) any minimum usage or duration required to benefit from promotional terms. The minimum duration may not exceed 12 months;

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 26 – paragraph 3

(3) The information referred to in paragraphs 1 and 2 shall be provided in a clear, comprehensive and easily accessible manner and in anll the official languages of the end-user's Member State of residence, and shall be updated regularly. It shall form an integral part of the contract and shall not be altered unless the contracting parties expressly agree otherwise. The end- user shall receive a copy of the contract in writing.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 26 – paragraph 4

(4) The Commission may adopt ~~implementing~~delegated acts specifying the details of the information requirements listed in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 3~~3 (2)~~2.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 27 – paragraph 1

(1) Providers of electronic communications to the public shall offer end-users the opportunity to opt, free of charge, for a facility which provides information on the accumulated consumption of different electronic communications services expressed in the currency in which the end- user is billed. The bill shall be issued in the currency of the Member State or in euro, for eurozone Member States. Such a facility shall guarantee that, without the end-user's consent, the accumulated expenditure over a specified period of use does not exceed a specified financial limit set by the end- user.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 28 – paragraph 1

(1) Contracts concluded between consumers and providers of electronic communications to the public shall not provide for a minimum duration that exceeds 124 months. Providers of electronic communications to the public shall offer end-users the possibility, at their request, also to conclude a contract with a maximum duration of 12 months.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 28 – paragraph 2

(2) Consumers, and other end-users unless they have otherwise agreed, shall have the right to terminate a contract with a one- month notice period~~, where six months or more have elapsed since conclusion of the contract~~. No compensation shall be due other than for the residual value of subsidised equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such at the moment of the contract conclusion. Any restriction on the usage of terminal equipment on other networks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 28 – paragraph 3

(3) Where the contracts or national law provide for contract periods to be extended tacitly, the provider of electronic communications to the public shall inform the end-user in writing in due time so that the end- user has at least one month to oppose a tacit extension. If the end-user does not oppose, the contract shall be deemed to be a permanent contract which can be terminated by the end-user at any time with a one-month notice period and without incurring any costs.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 28 – paragraph 4

(4) End-users shall have the right to terminate their contract without incurring any costs upon notice of changes in service quality or the contractual conditions proposed by the provider of electronic communications to the public unless the proposed changes are exclusively to the benefit of the end-user. Providers shall give end-users adequate notice, not shorter than one month, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Paragraph 2 shall apply mutatis mutandis.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 28 – paragraph 6

(6) A subscription to additional services provided by the same provider of electronic communications to the public shall not re-start the initial contract period unless the price of the additional service(s) significantly exceeds that of the initial services or the additional services are offered at a special promotional price linked to the renewal of the existing contract.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 31 – paragraph 2

With regard to European electronic communications providers, penalties shall be imposed in accordance with Chapter II regarding the respective competences of national regulatory authorities in the home and host Member States.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 32 – paragraph 2

(2) The power to adopt delegated acts referred to in Articles 17(2) and 19(5) shall be conferred on the Commission for a~~n indeterminate period of time from the [date entry into force of the Regulation]~~ period of five years from the [date entry into force of the Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 37 – point 4

Regulation 531/2012
Article 4a – paragraph 2 – subparagraph 1

Paragraphs 1, 6 and 7 shall not preclude the limitation by a roaming provider of consumption of regulated retail roaming services at the applicable domestic service rate by reference to a reasonable use criterion. Any reasonable use criterion shall be applied in such a way that consumers availing of the roaming provider’s various domestic retail packages are in a position to confidently replicate the typical domestic consumption pattern associated with their respective domestic retail packages while periodically travelling within the Union. A roaming provider availing of this possibility shall publish, in accordance with Article 25(1)(b) of Regulation XXX/2014, and include in its contracts, in accordance with Article 26(1)(b) and (c) of that Regulation, detailed quantified information on how the reasonable use criterion is applied, by reference to the main pricing, volume or other parameters of the retail package in question.deleted

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 37 – point 4

Regulation 531/2012
Article 4a – paragraph 2 – subparagraph 2

By 31 December 2014, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, lay down general guidelines for the application of reasonable use criteria in the retail contracts provided by roaming providers availing of this Article. BEREC shall develop such guidelines by reference to the overall objective set out in the first subparagraph, and shall have regard in particular to the evolution of pricing and consumption patterns in the Member States, to the degree of convergence of domestic price levels across the Union, to any observable effect of roaming at domestic service rates on the evolution of such rates, and to the evolution of wholesale roaming rates for unbalanced traffic between roaming providers.

2013/12/19
Committee: ITRE

Silvia-Adriana ȚICĂU

Proposal for a regulation
Article 37 – point 4

Regulation 531/2012
Article 4a – paragraph 2 – subparagraph 3

The competent national regulatory authority shall ~~monitor and supervise the application of reasonable use criteria, taking utmost account of the BEREC general guidelines once they are adopted, and shall~~ ensure that unreasonable terms are not applied.

2013/12/19
Committee: ITRE