[ParlTrack]

Proposal for a directive – amending act
Recital 1 a (new)

(1a) The sector-specific ex-ante market regulation under this framework serves the transition from former monopolies into a competitive market for electronic communications networks and services. As soon as markets are competitive, ex- ante regulation should not be continued and Community and national competition law should solely apply. With growing competitive dynamics on European electronic communications markets the potential benefits of sector-specific ex- ante price and access regulation decrease significantly over time. The markets for electronic communications have shown strong competitive dynamics in recent years and competition is most likely to increase even further in the coming years. To ensure a timely transition to the sole application of Community and national competition law, the provisions of this framework on sector-specific ex-ante regulation should end with the expiration of the BERT mandate unless the Commission demonstrates that continued ex-ante regulation will still be warranted after that date.

2008/05/28
Committee: ITRE

Anni PODIMATA

Proposal for a directive – amending act
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 and therefore a combined policy and market approach is needed.

2008/05/28
Committee: ITRE

Anni PODIMATA

Proposal for a directive – amending act
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 public policy objectives, culture, employment, the environment, social cohesion, regional development and town and country planning.

2008/05/28
Committee: ITRE

Anni PODIMATA

Proposal for a directive – amending act
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 (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.

2008/05/28
Committee: ITRE

Anni PODIMATA

Proposal for a directive – amending act
Article 1 – point 6 a (new)

Directive 2002/21/EC
Article -7a (new)

(6a) The following Article 7a is inserted: ‘Article 7a Procedure for the consistent application of proposed remedies. 1. Where a national regulatory authority intends to take a measure to impose, amend or withdraw an obligation on an operator in application of Article 16 in conjunction with Article 5, Articles 9 to 13 and Articles 13a and 13b of Directive 2002/19/EC (access directive) and Article 17 of Directive 2002/22/EC (universal service directive), the Commission and the national regulatory authorities of the other Member States shall have a period of one month from the date of notification of the draft measure to make comments to the national regulatory authority concerned. 2. Where the projected measure seeks to impose, amend or withdraw an obligation other than those set out in Articles 13a and 13b of Directive 2002/19/EC (access directive), the Commission may, within the period of one month referred to in paragraph 1, notify the national regulatory authority concerned and the Body of European Regulators in Telecom (BERT) of the reasons why it considers that the adoption of the draft measure would create a barrier to the single market or why it has serious doubts as to its compatibility with Community law. In such case, the draft measure shall not be adopted for a further two months following the Commission's notification. In the absence of such notification, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any comments made by the Commission or any other national regulatory authority. 3. Within the two-month period specified in paragraph 2, the Commission, the BERT and the national regulatory authority concerned shall cooperate closely with a view to identifying the most effective and appropriate measure in the light of the objectives laid down in Article 8, whilst taking due account of the views of the market participants and the need to ensure the development of consistent regulatory practice. Within the same two-month period, the BERT may, acting by a simple majority, issue a reasoned opinion confirming the appropriateness and effectiveness of the draft measure or indicating that it must be amended and tabling specific proposals to that end. This opinion shall be made public. If the opinion issued by the BERT indicates that the draft measure must be amended, the Commission may, taking utmost account of this opinion, adopt a reasoned decision requiring the national regulatory authority concerned to amend the draft measure and table specific recommendations to this effect. If the opinion issued by the BERT confirms the appropriateness and effectiveness of the draft measure, the national regulatory authority concerned may adopt the draft measure, taking utmost account of all the recommendations issued by the Commission and the BERT. 4. If the draft measure seeks to impose, amend or withdraw an obligation under Articles 13a and 13b of Directive 2002/19/EC (access directive), the draft measure shall not be adopted for a further six months from the deadline specified in Article 7(3), so as to ensure that the possibilities offered by all other measures referred to in Article 16 in conjunction with Articles 5 and 9 to 13 of Directive 2002/19/EC (access directive) and Article 17 of Directive 2002/22/EC (universal service directive) have been exhausted. Within the six month deadline specified in the first paragraph, the Commission, the BERT and the national regulatory authority shall cooperate closely with the objective of identifying the most effective and appropriate measure in the light of the objectives laid down in Article 8, whilst taking due account of the views of market participants and the need to ensure the development of consistent regulatory practice. During the six-month period specified in the first paragraph the BERT may, acting by qualified majority, issue a reasoned opinion confirming the appropriateness and effectiveness of the draft measure or indicating that the draft measure should not be implemented. This opinion shall be made public. Only after confirmation by the Commission and the BERT of the appropriateness and effectiveness of the draft measure may the national regulatory authority adopt the draft measure taking utmost account of all recommendations issued by the Commission and BERT. 5. Within six months of the adoption by the Commission, in accordance with paragraph 3, of a reasoned decision requiring the national regulatory authority to amend the draft measure, the national regulatory authority shall amend or withdraw the draft measure. If the draft measure is amended, the national regulatory authority shall undertake a public consultation in accordance with the procedures referred to in Article 6 and renotify the amended draft measure to the Commission in accordance with Article 7.'

2008/05/30
Committee: ITRE

5 Amendments of Anni PODIMATA related to 2007/0247(COD)

ParlTrack - 2011-2024