33 Amendments of Piia-Noora KAUPPI related to 2007/0247(COD)
Amendment 13 #
Proposal for a directive – amending act
Recital 32
Recital 32
(32) Reliable and secure communication of information over electronic communications networks is increasingly central to the whole economy and society in general. System complexity, technical failure or human mistake, accidents or attacks may all have consequences for the functioning and availability of the physical infrastructures that deliver important services to EU citizens, including e-Government servicesThe availability of electronic communications services is essential in cases of emergency. National regulatory authorities should therefore ensure the integrity and security of public communicationsat a minimum standard of networks are maintained. The Authority should contribute to the enhanced level of security of electronic communications by, among other things, providing expertise and advice, and promoting the exchange of best practices. Both the Authority and tvailability is maintained to support essential communications in emergency situations. The national regulatory authorities should have the necessary means to perform their duties, including powers to obtain sufficient information to be able to assess the level of security of networks or services as well as comprehensive and reliable data about actual security incidents that have had a significant impact on the operation of networks or services. Bearing in mind that the successful application of adequate security is not a one-off exercise but a continuous process of implementation, review and updating, the providers of electronic communications networks and services should be required to take measures to safeguard their integrity and securensure essential network availability in accordance with the assessed risks, taking into account the state of the art of such measures.
Amendment 14 #
Proposal for a directive – amending act
Recital 33
Recital 33
(33) Where there is a need to agree on a common set of security requirements, power should be conferred on the Commission to adopt technical impleA competitive market is usually the best means of ensuring that an appropriate balance is struck between the level of security and the costs of achieving it, and between the constraints imposed by security requirements and the freedom to develop innovative services. It somenting measures to achievmes remains necessary to agree aon adequate level of security of elec common set of security requirements to protect against widespread catastronphic communications networks and servicefailure, to protect against incidents on one network having cascade effects ion othe internal market. The Authority should contribute to the harmonisation of appropriate technical and organisational security measures by providing expert advicer network and to ensure the availability of essential services in case of emergency. In accordance with the principles of necessity and proportionality, the national regulatory authorities are strictly limited to the powers necessary to achieve these objectives. National regulatory authorities should have the power to issue binding instructions relating to the technical implementing measures adopted pursuant to the Framework Directive. In order to perform their duties, they should have the power to investigate and to impose penalties in cases of non-compliance.
Amendment 15 #
Proposal for a directive – amending act
Recital 33 a (new)
Recital 33 a (new)
(33a) The management of telephony networks and services has historically been characterised by a high level of international cooperation designed to ensure harmonisation of technical standards and to promote interoperability. The Internet has achieved interoperability through open global standards for inter- network routing, while the development of services using the Internet has depended upon the freedom to create new technical standards and protocols without regulatory intervention; this freedom has enabled unprecedented innovation in the creation of information society services and other, non-commercial services, yielding enormous economic and social gains for the people of Europe. Each tradition for the development and coordination of technical standards has benefited society in its respective sphere. The national regulatory authorities should recognise the importance of innovation and diversity in Internet protocols and services, and the importance of regulatory forbearance in achieving those objectives.
Amendment 16 #
Proposal for a directive – amending act
Recital 33 b (new)
Recital 33 b (new)
Amendment 17 #
Proposal for a directive – amending act
Recital 39 a (new)
Recital 39 a (new)
(39a) The need to encourage both investment and competition should be recognised, so that consumer choice is protected and not undermined.
Amendment 19 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/21/EC
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
3. Member States shall ensure that national regulatory authorities exercise their powers independently, impartially and, transparently and in a timely manner. National regulatory authorities shall not seek or take instructions from any other body in relation to the day-to-day performance of the tasks assigned to them under national law implementing Community law. Only appeal bodies set up in accordance with Article 4 or national courts shall have the power to suspend or overturn decisions by the national regulatory authorities.
Amendment 20 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2002/21/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that effective mechanisms exist at national level under which any user or undertaking providing electronic communications networks and/or services who is affected by a decision of a national regulatory authority has the right of appeal against the decision to an appeal body that is independent of the parties involved. This body, which may be a court, shall have the appropriate expertise available to it to enable it to carry out its functions. Member States shall ensure that the merits of the case are duly taken into account and that there is an effective appeal mechanism. Member States shall set limits to the time allowed for consideration of such appeals. Pending the outcome of any the appeal, the decision of the national regulatory authority shall stand, unless interim measures are granted. Interim measures may only be granted if there is an urgent need to suspend the effect of the decision in order to prevent serious and irreparable damage to the party applying for those measures and the balance of interests so requires.
Amendment 22 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2002/21/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. Those undertakings shall also be required to submit information concerning future network or service developments that could have an impact on the wholesale services made available to competitors. These undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority shall give the reasons justifying its request for information.
Amendment 35 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – subparagraph 2
Article 9 c – subparagraph 2
These measures designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC]national regulatory authorities.
Amendment 39 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 3 – subparagraph 3
Article 13 a – paragraph 3 – subparagraph 3
Every three months,year the national regulatory authority shall submit a summary report to the Commission on the notifications received and the action taken in accordance with this paragraph.
Amendment 40 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 4
Article 13 a – paragraph 4
4. The Commission, taking the utmost account of the opinion of the Authority issued in accordance with Article 4(3)(b) of Regulation […./EC]national regulatory authorities, may adopt appropriate technical implementing measures with a view to harmonising the measures referred to in paragraphs 1, 2, and 3, including measures defining the circumstances, format and procedures applicable to notification requirements. These implementing measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the procedure referred to in Article 22(3) and where industry-led self-regulatory initiatives have not achieved an adequate level of security in the internal market in one or more Member States. On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).
Amendment 43 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 b – paragraph 2
Article 13 b – paragraph 2
2. Member States shall ensure that national regulatory authorities, where appropriate, have the power to require undertakings providing public communications networks or publicly available electronic communications services to: (a) provide information needed to assess the security of their services and networks, including documented security policies; and (b) instruct a qualified independent body to carry out a security audit and make the results thereof available to the national regulatory authority.
Amendment 44 #
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Without prejudice to Article 9 of this Directive and to Articles 6 and 8 of Directive 2002/20/EC (Authorisation Directive), where the Commission finds that divergences in the implementation by national regulatory authorities of the regulatory tasks specified in this Directive and the Specific Directives may create a barrier to the internal market, the Commission may, taking the utmost account of the opinion of the Authority, if any, issue a recommendation or a decision on the harmonised application of the provisions in this Directive and the Specific Directives in order to further the achievement of the objectives set out in Article 8.
Amendment 45 #
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 46 #
Proposal for a directive – amending act
Article 2 – point 7
Article 2 – point 7
Directive 2002/19/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Commission may adopt the necessary amendments to Annex II in order to adapt it to technological and market developments. The measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14(4). In implementing the provisions of this paragraph, the Commission may be assisted by the Anational regulatory authorityies.
Amendment 52 #
Proposal for a directive – amending act
Recital 32
Recital 32
(32) Reliable and secure communication of information over electronic communications networks is increasingly central to the whole economy and society in general. System complexity, technical failure or human mistake, accidents or attacks may all have consequences for the functioning and availability of the physical infrastructures that deliver important services to EU citizens, including e-Government servicesThe availability of electronic communications services is essential in cases of emergency. National regulatory authorities should therefore ensure the integrity and security of public communicationsat a minimum standard of networks are maintained. The Authority should contribute to the enhanced level of security of electronic communications by, among other things, providing expertise and advice, and promoting the exchange of best practices. Both the Authority and tvailability is maintained to support essential communications in emergency situations. The national regulatory authorities should have the necessary means to perform their duties, including powers to obtain sufficient information to be able to assess the level of security of networks or services as well as comprehensive and reliable data about actual security incidents that have had a significant impact on the operation of networks or services. Bearing in mind that the successful application of adequate security is not a one-off exercise but a continuous process of implementation, review and updating, the providers of electronic communications networks and services should be required to take measures to safeguard their integrity and securensure essential network availability in accordance with the assessed risks, taking into account the state of the art of such measures.
Amendment 53 #
Proposal for a directive – amending act
Recital 33
Recital 33
(33) Where there is a need to agree on a common set of security requirements, power should be conferred on the Commission to adopt technical impleA competitive market is usually the best means by which to ensure that an appropriate balance is struck between the level of security and the costs of achieving it, and between the constraints imposed by security requirements and the freedom to develop innovative services. It somenting measures to achieve an adequate level of security of elecmes remains necessary to agree on a common set of security requirements to protect against widespread catastronphic communications networks and servicefailure, to protect against incidents on one network having cascade effects ion othe internal market. The Authority should contribute to the harmonization of appropriate technical and organisational security measures by providing expert advicer network and to ensure the availability of essential services in case of emergency. In accordance with the principles of necessity and proportionality, the national regulatory authorities are strictly limited to the powers necessary to achieve those objectives. National regulatory authorities should have the power to issue binding instructions relating to the technical implementing measures adopted pursuant to the Framework Directive. In order to perform their duties, they should have the power to investigate and to impose penalties in cases of non-compliance.
Amendment 54 #
Proposal for a directive – amending act
Recital 33 a (new)
Recital 33 a (new)
(33a) The management of telephony networks and services has historically been characterised by a high level of international cooperation to ensure harmonisation of technical standards and promote interoperability. Internet has achieved interoperability through open global standards for inter-network routing, while the development of services using Internet has depended upon the freedom to create new technical standards and protocols without regulatory intervention; that freedom has enabled unprecedented innovation in the creation of information society services and other, non-commercial services, yielding enormous economic and social gains for the people of Europe. Each tradition for the development and coordination of technical standards has benefited society in its respective sphere. The national regulatory authorities should recognise the importance of innovation and diversity in Internet protocols and services, and the importance of regulatory forbearance in achieving those objectives.
Amendment 55 #
Proposal for a directive – amending act
Recital 33 b (new)
Recital 33 b (new)
Amendment 56 #
Proposal for a directive – amending act
Recital 39 a (new)
Recital 39 a (new)
(39a) There is a need to encourage both investment and competition, so that consumer choice is protected and not undermined.
Amendment 63 #
Proposal for a directive – amending act
Recital 60
Recital 60
(60) In particular, power should be conferred on the Commission to adopt implementing measures in relation to the notifications under Article 7 of the Framework Directive; the harmonisation in the fields of spectrum and numbering as well as in matters related to security of networks and services; the identification of trans-national markets; the implementation of the standards; the harmonised application of the provisions of the regulatory framework. Power should also be conferred on the Commission by the Framework and Authorisation Directives to harmonise the regulatory treatment of pan-European services, such as global telecommunications services. In addition, power should be conferred to adopt implementing measures to update Annexes I and II to the Access Directive to market and technological developments and for adopting implementing measures to harmonise the authorisation rules, procedures and conditions for the authorisation of electronic communications networks and services. Since those measures are of general scope and are designed to supplement these Directives by the addition of new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. When, on imperative grounds of urgency, the normal time limits for this procedure cannot be complied with, the Commission should be able to use the urgency procedure provided for in Article 5a(6) of the aboveat Decision,
Amendment 69 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2002/21/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. Those undertakings shall also be required to submit information concerning future network or service developments that could have an impact on the wholesale services made available to competitors. These undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority shall give the reasons justifying its request for information.
Amendment 75 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c
Article 9 – paragraph 3 – subparagraph 2 – point c
(c) ensure maximisation of radio frequenciesy sharing where the use of frequencies is subject to a general authorisation, or
Amendment 78 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
4. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of electronic communications services may be provided in the radio frequency bands openavailable to electronic communications services in accordance with their national frequency allocation tables and in the ITU Radio Regulations. The Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided.
Amendment 87 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 1
Article 9b – paragraph 1 – subparagraph 1
1. Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of , provided that such transfer or lease is in accordance withe national regulatory authorityprocedures.
Amendment 92 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c – paragraph 2
Article 9c – paragraph 2
These measures designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC].’national regulatory authorities.
Amendment 101 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13a – paragraph 3 – subparagraph 3
Article 13a – paragraph 3 – subparagraph 3
Every three months,year the national regulatory authority shall submit a summary report to the Commission on the notifications received and the action taken in accordance with this paragraph.
Amendment 103 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13a – paragraph 4
Article 13a – paragraph 4
4. The Commission, taking the utmost account of the opinion of the Authority issued in accordance with Article 4(3)(b) of Regulation […./EC]national regulatory authorities, may adopt appropriate technical implementing measures with a view to harmonising the measures referred to in paragraphs 1, 2, and 3, including measures defining the circumstances, format and procedures applicable to notification requirements. These implementing measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the procedure referred to in Article 22(3) and where industry-led self regulatory initiatives have not achieved an adequate level of security in the internal market in one or more Member States. On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).
Amendment 105 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13b – paragraph 2
Article 13b – paragraph 2
2. Member States shall ensure that national regulatory authorities, where appropriate, have the power to require undertakings providing public communications networks or publicly available electronic communications services to: (a) provide information needed to assess the security of their services and networks, including documented security policies; and (b) instruct a qualified independent body to carry out a security audit and make the results thereof available to the national regulatory authority.
Amendment 106 #
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 - introductory part
Article 16 – paragraph 6 - introductory part
6. Measures taken according to the provisions of paragraphs 3 and 4 of this Article shall be subject to the procedures referred to in Articles 6 and 7. National regulatory authorities shall carry out an analysis of the relevant market and notify the Commission of the results:
Amendment 107 #
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 4 – point a
Article 19 – paragraph 4 – point a
(a) Consistent implementation of regulatory approaches, including regulatory treatment of pan-European services, such as global telecommunications services, and of new services;
Amendment 111 #
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 2002/19/EC
Article 2 – point a
Article 2 – point a
(a) “access” means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services or delivering information society services or broadcast content services. It covers inter alia : access to network elements. It covers inter alia : access to network elements which also includes access to a wavelength in cases when access to fibre is limited by capacity constraint and associated facilities, which may involve the connection of equipment by fixed or non- fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services; access to virtual network services.
Amendment 112 #
Proposal for a directive – amending act
Article 2 – point 7
Article 2 – point 7
Directive 2002/19/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Commission may adopt the necessary amendments to Annex II in order to adapt it to technological and market developments. The measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14(4). In implementing the provisions of this paragraph, the Commission may be assisted by the Anational regulatory authorityies.