[ParlTrack]

Proposal for a directive – amending act
Recital 3 a (new)

(3a) The key issue for the coming years is to give appropriate incentives for investments in new high speed networks that will support innovation in content- rich internet services. Such networks have enormous potential to deliver benefits to consumers across the European Union. It is therefore vital that there is no impediment to sustainable investment in the development of these new networks, while boosting competition and consumer choice. This could entail different regulatory approaches tailored to suit a market need.

2008/05/28
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Recital 16

(16) Radio frequencies should be considered a scarce public resource that has an important public and market value. It is in the public interest that spectrum is managed as efficiently and effectively as possible from an economic, social and environmental perspective and taking account of cultural goals and the objectives of media pluralism, and that obstacles to its efficient use are gradually withdrawn.

2008/05/28
Committee: ITRE

Angelika NIEBLER

Article 1 – point 8 – point g

Directive 2002/21/EC
Article 8 – paragraph 5 – point a

a) promoting regulatory predictability through the continuity of remedies over several market reviews as appropriate;

2009/03/16
Committee: ITRE

Angelika NIEBLER

Article 1 – point 8 – point g

Directive 2002/21/EC
Article 8 – paragraph 5 – point d

(d) promoting efficient investment and innovation in new and enhanced infrastructures including by ~~taking into account investment risk~~encouraging sharing of investment and by ensuring appropriate sharing of risk between investors and those undertakings enjoying access to the new facilities;

2009/03/16
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Recital 22

(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. It should be possible for exceptions to the principle of service neutrality which require the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, access to mobile broadband services in rural areas or the avoidance of inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include the promotion of cultural and linguistic diversity and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequencies.

2008/05/28
Committee: ITRE

Angelika NIEBLER

Article 2 – point 9 – point a

Directive 2002/19/EC
Article 13 – paragraph 1

1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. To encourage investments by the operator including in next generation networks, national regulatory authorities shall take into account the investment made by the operator, ~~and~~by allowing him a reasonable rate of return on adequate capital employed, taking into account the risks involved and by allowing arrangements for an appropriate sharing of risk between the investor and those undertakings enjoying access to new and enhanced access infrastructures, including by long- term risk sharing contracts. Access pricing shall be sufficiently flexible, taking into account inter alia differentiated product quality levels.

2009/03/16
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Recital 43

(43) The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the vertically integrated operator’s own downstream divisions. Functional separation has the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier for compliance with non- discrimination obligations to be verified and enforced. In exceptional cases, it may be justified as a remedy where there has been persistent failure to achieve effective non-discrimination in several of the markets concerned, and where there is little or no prospect of infrastructure competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinated analysis of different relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When performing the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.deleted

2008/05/28
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Recital 44

(44) The implementation of functional separation should not prevent appropriate coordination mechanisms between the different separate business entities in order to ensure that the economic and management supervision rights of the parent company are protected.deleted

2008/05/28
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Recital 45

(45) Where a vertically integrated undertaking chooses to dispose a substantial part or all of its local access network assets to a separate legal entity under different ownership or by establishing a separate business entity for dealing with access products, the national regulatory authority should assess the effect of the intended transaction on all existing regulatory obligations imposed on the vertically integrated operator in order to ensure the compatibility of any new arrangements with Directive 2002/19/EC (Access Directive) and Directive 2002/22/EC (Universal Service Directive). The national regulatory authority concerned should undertake a new analysis of the markets in which the segregated entity operates, and impose, maintain, amend or withdraw obligations accordingly. To this end, the national regulatory authority should be able to request information from the undertaking.deleted

2008/05/28
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
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 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 above Decision.deleted

2008/05/28
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 2 – point e

Directive 2002/21/EC
Article 2 – point s

s) “‘harmful interference”’ means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable Community regulations, international spectrum use plans or national regulations.

2008/05/30
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 6

Directive 2002/21/EC
Article 7 – paragraph 5

5. Within the two month period referred to in paragraph 4, the Commission may take a decision requiring the national regulatory authority concerned to withdraw the draft measure. The Commission shall take the utmost account of the opinion of the Authority submitted in accordance with Article 5 of Regulation [……/EC] before issuing a decision. The decision shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted together with specific proposals for amending the draft measure.deleted

2008/05/30
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 6

Directive 2002/21/EC
Article 7 – paragraph 6

6. Within three months of the Commission issuing a decision in accordance with paragraph 5 requiring the national regulatory authority to withdraw a 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 re-notify the amended draft measure to the Commission in accordance with the provisions of paragraph 3.deleted

2008/05/30
Committee: ITRE

Angelika NIEBLER

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

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

(6a) The following Article -7a is inserted: ‘Article -7a Procedure for the consistent application of 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 and Articles 9 to 13 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 in the other Member States shall have a period of one month from the date of notification of the draft measure in which to forward their comments to the national regulatory authority concerned. 2. The Commission may, within the same period, notify the national regulatory authority concerned and the Body of European Regulators in Telecom (BERT) of the reasons why it considers that 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 by any other national regulatory authority. 3. Within the two month period referred to in paragraph 2, the Commission, BERT and the national regulatory authority concerned shall cooperate closely with the objective of identifying the most appropriate and effective 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. Within the same two month period, BERT shall, acting by a two-thirds majority, issue a reasoned opinion confirming the appropriateness and effectiveness of the draft measure or indicating that the draft measure should be amended and providing specific proposals to that end. This opinion shall be made public. If BERT has issued a reasoned opinion indicating that the draft measure should 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 providing specific proposals to that end. If BERT has issued a reasoned opinion confirming the appropriateness and effectiveness of the draft measure, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any recommendations made by the Commission and BERT. 4. Within three months of the adoption by the Commission, in accordance with paragraph 3, subparagraph 3, of a reasoned decision requiring the national regulatory authority concerned 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 re-notify the amended draft measure to the Commission in accordance with Article 7.’

2008/05/30
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 10

Directive 2002/21/EC
Article 9c

In order to contribute to the development of the internal market, for the achievement of the principles of this Article, the Commission may adopt appropriate implementing measures to: (a) harmonise the identification of the bands for which usage rights may be transferred or leased between undertakings; (b) harmonise the conditions attached to such rights and the conditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or leases; (c) harmonise the specific measures to ensure fair competition where individual rights are transferred; (d) create an exception to the principle of services or technology neutrality, as well as to harmonise the scope and nature of any exceptions to these principles in accordance with Article 9(3) and (4) other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism. 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].’Article 9c deleted Radio Frequency Management Harmonisation Measures

2008/06/03
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 13

Directive 2002/21/EC
Article 12 – paragraph 1

1. Where an public or private undertaking providing electronic communications networks has the right under national legislation to install facilities on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities shall, according to the principle of proportionality, be able to impose the sharing of such facilities or property, including entries to buildings, masts, antennae, ducts, and conduits, manholes and street cabinets.

2008/06/04
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 1 – point 25 a (new)

Directive 2002/21/EC
Article 29a (new)

(25a) The following Article 29a is inserted: "Article 29a The sector-specific regulatory measures based on this Directive shall be repealed by 31 December 2016."

2008/06/10
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 2 – point 3

Directive 2002/19/EC
Article 5 – paragraph 2

2. Obligations and conditions imposed in accordance with paragraph 1 shall be objective, transparent, proportionate and non-discriminatory, shall furthermore take account of the differences in the development of competition in the individual geographic regions of Member States and shall be implemented in accordance with the procedures referred to in Articles 6 and 7 of Directive 2002/21/EC (Framework Directive).

2008/06/10
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 2 – point 8 – point b f (new)

Directive 2002/19/EC
Article 12 – paragraph 2 – point c

(bf) In paragraph 2, point (c) is replaced by the following: "(c) the initial investment by the facility owner, bearing in mind the risks involved in making the investment, including appropriate risk-sharing among those undertakings which enjoy access to the new facilities;"

2008/06/10
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 2 – point 8 c (new)

Directive 2002/19/EC
Article 13 – paragraph 1a (new)

(8c) In Article 13, the following paragraph is inserted: "1a. In order to promote incentives for investments in new high-speed networks, when access fees are stipulated, the undertaking providing access shall be left with a yield which at least corresponds to the capital costs related to the investment and the risk specific to it."

2008/06/10
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 2 – point 9

Directive 2002/19/EC
Article 13a

1. A national regulatory authority may, in accordance with the provisions of Article 8, and in particular the second subparagraph of Article 8(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of access products in an independently operating business unit. That business unit shall supply access products and services to all undertakings, including other business units within the parent company, on the same timescales, terms and conditions, including with regard to price and service levels, and by means of the same systems and processes. 2. When a national regulatory authority intends to impose an obligation for functional separation, it shall submit a request to the Commission that includes. (a) evidence that the imposition of appropriate obligations amongst those identified in Articles 9 13 to achieve effective competition following a co coordinated analysis of the relevant markets in accordance with the market analysis procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) has failed and would fail on a persistent basis to achieve effective competition and that there are important and persisting competition problems/market failures identified in several of these product markets. (b) an analysis of the expected impact on the regulatory authority, on the undertaking, and on its incentives to invest in its network, and on other stakeholders including in particular the expected impact on infrastructure competition and any potential entailing effects on consumers; (c) a draft of the measure being proposed. 3. The draft measure shall include the following elements: (a) the precise nature and level of separation, specifying in particular the legal status of the separate business entity; (b) identification of the assets of the separate business entity, and the products or services to be supplied by this entity; (c) the governance arrangements to ensure the independence of the staff employed by the separate business entity, and the corresponding incentive structure; (d) rules for ensuring compliance with the obligations; (e) rules for ensuring transparency of operational procedures, in particular towards other stakeholders; (f) a monitoring programme to ensure compliance, including publication of an annual report. 4. Following the Commission's decision on the draft measure taken in accordance with Article 8(3), the national regulatory authority shall conduct a coordinated analysis of the different markets related to the access network in accordance with the procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive). On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with Articles 6 and 7 of Directive 2002/21/EC (Framework Directive). 5. An undertaking on which functional separation has been imposed may be subject to any of the obligations identified in Articles 9–13 in any specific market where it has been designated as having significant market power in accordance with Article 16 of Directive 2002/21/EC (Framework Directive), or any other obligations authorised by the Commission pursuant to paragraph 3 of Article 8.Article 13a deleted Functional separation

2008/06/10
Committee: ITRE

Angelika NIEBLER

Proposal for a directive – amending act
Article 2 – point 9

Directive 2002/19/EC
Article 13b

1. Undertakings which have been designated as having significant market power in one or several relevant markets in accordance with Article 16 of Directive 2002/21/EC (Framework Directive) shall inform the national regulatory authority in advance if they intend to transfer their local access network assets or a substantial part of them to a separate legal entity under different ownership, or to establish a separate business entity in order to provide to all retail providers, including its own retail divisions, fully equivalent access products. 2. The national regulatory authority shall assess the effect of the intended transaction on existing regulatory obligations under Directive 2002/21/EC (Framework Directive). For that purpose, the national regulatory authority shall conduct a coordinated analysis of the different markets related to the access network in accordance with the procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive). On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with Articles 6 and 7 of Directive 2002/21/EC (Framework Directive). 3. The legally and/or operationally separate business entity may be subject to any of the obligations identified in Articles 9-13 in any specific market where it has been designated as having significant market power in accordance with Article 16 of Directive 2002/21/EC (Framework Directive), or any other obligations authorised by the Commission pursuant to paragraph 3 of Article 8.Article 13b deleted Voluntary separation by a vertically integrated undertaking

2008/06/10
Committee: ITRE

Angelika NIEBLER, Giles CHICHESTER

Proposal for a directive – amending act
Article 3 – point 3

Directive 2002/20/EC
Article 5 – paragraph 6

6. National regulatory authorities shall ensure that ~~radio frequencies are~~spectrum is efficiently and effectively used in accordance with Article 9(2) of Directive 2002/21/EC (Framework Directive). They shall also ensure competition is not distorted as a result of any transfer or accumulation of radio frequencies usage rights. For such purposes, Member States may take appropriate measures such as reducing, withdrawing or forcing the sale of a right to use radio frequencies.

2008/06/10
Committee: ITRE

23 Amendments of Angelika NIEBLER related to 2007/0247(COD)

ParlTrack - 2011-2024