40 Amendments of Angelika NIEBLER related to 2023/0046(COD)
Amendment 73 #
Proposal for a regulation
Recital 3
Recital 3
(3) To achieve those targets, there is a need for policies to speed up and lower the costs of the deployment of very high- capacity fixed and wireless networks across the Union, including proper planning, coordination and the reduction of administrative burdens, while keeping costs for public authorities low.
Amendment 90 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation aims to strengthen and harmonise rights and obligations applicable across the Union to accelerate the roll-out of very high capacity networks and cross-sector coordination, while respecting the different constitutional structures of Member States, including regional and local self-government and the principle of procedural autonomy of Member States. Due to the persistent fragmentation of electronic communications markets in individual national markets, undertakings providing or authorised to provide electronic communications networks are unable to achieve economies of scale. This can have a strong downstream effect on cross-border trade and services provision, since many services can only be provided where an adequately performant network is in place across the Union. While ensuring an improved level playing field, this Regulation does not prevent national measures in compliance with Union law that serve to promote the joint use of existing physical infrastructure or enable a more efficient deployment of new physical infrastructure by complementing the rights and obligations laid down in this Regulation. For example, Member States could extend provisions on civil works coordination also to privately funded projects or require that more information on physical infrastructure or planned civil works is provided to a single information point in electronic format, provided that they do not violate Union law including the provisions of this Regulation.
Amendment 92 #
Proposal for a regulation
Recital 12
Recital 12
(12) To ensure legal certainty, including regarding specific regulatory measures imposed under Directive (EU) 2018/1972, under Title II, Chapters II to IV and Directive 2002/77/EC36 , the provisions of these directives and their national implementations should prevail over this Regulation. _________________ 36 Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services (OJ L 249, 17.9.2002, p. 21).
Amendment 99 #
Proposal for a regulation
Recital 15
Recital 15
(15) In particular, taking into account the fast development of providers of wireless physical infrastructure such as ‘tower companies’, and their increasingly significant role as providers of access to physical infrastructure suitable to install elements of wireless electronic communications networks, such as 5G, the definition of ‘network operator’ should be extended beyond undertakings providing or authorised to provide electronic communications networks and operators of other types of networks, such as transport, gas or electricity, to include undertakings providing associated facilities, which thus become subject to all the obligations and benefits set out in the Regulation, except the provisions regarding price regulations in relation to access to existing physical infrastructure and in-building physical infrastructure and access.
Amendment 103 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) According to the basic principle of the market economy, regulatory intervention is only necessary in the event of a market failure. Since the emergence of providers of wireless physical infrastructure such as ‘tower companies’, and their uptake of their increasingly significant role as providers of access to physical infrastructure suitable to install elements of wireless electronic communications networks, such as 5G, no significant phenomena occurred that would indicate a market failure. Therefore, the Commission, supported by BEREC and the national regulators, should conduct a market analysis to determine whether there is a market failure in relation to providers of wireless physical infrastructure such as ‘tower companies’ . Should this be the case, the Commission shall present a legislative proposal to the European Parliament and the Council, addressing the occurred market failures.
Amendment 105 #
Proposal for a regulation
Recital 17
Recital 17
(17) In the absence of a justified exception, physical infrastructure elements owned or controlled by public sector bodies, even when they are not part of a network, can also host electronic communications network elements and should be made accessible to facilitate installing network elements of very high capacity networks, in particular wireless networks. Examples of physical infrastructure elements are buildings, including rooftops, entries to buildings, and any other asset, including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations. It is for Member States to identify specific buildings owned or controlled by public sector bodies in their territories where access obligations cannot apply, for example, for reasons of architectural, historical, religious or natural value.
Amendment 111 #
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure proportionality and, preserve investment incentives, especially for VHCN pioneers, and thus create an incentive for the rapid rollout of VHCNs to rural areas, a network operator or public sector body should have the right to refuse access to specific physical infrastructure for objective and justified reasons. In particular, a physical infrastructure for which access has been requested could be technically unsuitable due to specific circumstances, or because of lack of currently available space or future needs for space that are sufficiently demonstrated, for instance, in publicly available investment plans. To ensure proportionality and preserve investment incentives, a network operator or public sector body may refuse access to specific physical infrastructure. To avoid any potential distortion of competition or any possible abuse of the conditions to refuse access, any such refusal should be duly justified and based on objective and detailed reasons. For example such reasons would not be considered objective where an undertaking providing or authorised to provide electronic communications networks has deployed physical infrastructure thanks to civil works coordination with a network operator other than an electronic communications network operator and refuses to grant access based on an alleged lack of availability of space to host the elements of very high capacity networks which results from decisions made by the undertaking under its control. In such case, a competition distortion could arise if there is no other VHCN in the area concerned by the access request. Similarly, in specific circumstances, sharing the infrastructure could jeopardise safety or public health, network integrity and security, including that of critical infrastructure, or could endanger the provision of services that are primarily provided over the same infrastructure. Moreover, where thea network operator already provides a viable alternative means of wholesale physical access to electronic communications networks that would meet the needs of the access seeker, such as dark fibre or fibre unbundling, access to the underlying physical infrastructure, or to parallel physical infrastructure, could have an adverse economic impact on its business model, in particular that of wholesale-only operators, and on incentives to invest. It may also risk an inefficient duplication of network elements, which in particular shall be avoided until sufficient coverage of rural areas with VHCNs is achieved. The assessment of the fair and reasonable character of the terms and conditions for such alternative means of wholesale physical access should take into account, inter alia, the underlying business model of the undertaking providing or authorised to provide public electronic communications networks granting access and the need to avoid any reinforcement of the significant market power, if any, of either party.
Amendment 125 #
Proposal for a regulation
Recital 25
Recital 25
(25) Operators should have access to minimum information on physical infrastructure and planned civil works in the area of deployment. This will enable them to effectively plan deploying very high capacity networks and ensure the most effective use of existing physical infrastructure, suitable for rolling out such networks, and planned civil works. Such minimum information is a pre-requisite to assess the potential for using existing physical infrastructure or coordinating the planned civil works in a specific area, as well as to reduce damage to any existing physical infrastructures. In view of the number of stakeholders involved (covering publicly and privately financed civil works as well as existing or planned physical infrastructure) and to facilitate access to that information (across sectors and borders), the network operators and public sector bodies subject to transparency obligations should, where feasible, proactively (rather than upon request) provide and maintain such minimum information via a single information point. This will simplify managing requests to access such information and enable operators to express their interest in accessing physical infrastructure or coordinating civil works, for which timing is critical. The minimum information on planned civil works should be provided via a single information point as soon as the information is available to the network operator concerned and, in any event and where permits are required, no later than 3 months before the permit application is first submitted to the competent authorities.
Amendment 136 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) One cornerstone for a well- functioning, interconnected and interoperable digital single market is the deployment of cross-border corridors along transport paths. This will also require the update of deployments of 5G corridors within Member States and across borders. To achieve this and make use of existing funding, all relevant stakeholders, such as road and railway operators, and undertakings providing or authorised to provide public electronic communications networks, should actively participate in the deployment of cross- border corridors. By end of 2025, end- users should be able to enjoy seamless signal-handover at inner European borders.
Amendment 138 #
Proposal for a regulation
Recital 38
Recital 38
(38) A number of different permits for deploying elements of electronic communications networks or associated facilities may be necessary in order to protect national and Union general interests. These can include digging, building, town planning, environmental and other permits as well as rights of way. The number of permits and rights of way required for deploying different types of electronic communications networks or associated facilities and the local character of the deployment could involve applying different procedures and conditions, which can cause difficulties in the network deployment. Therefore, to facilitate deployment, all rules on the conditions and procedures applicable to granting permits and rights of way should be streamlined and consistent at national level, while respecting the constitutional structure of every Member State. While preserving the right of each competent authority to be involved and maintain its decision-making prerogatives in accordance with the subsidiarity principle, all information on the procedures and general conditions applicable to granting permits for civil works and rights of way should be available via single information points. This could reduce complexity and increase efficiency and transparency for all operators and particularly new entrants and smaller operators not active in that area. Moreover, operators should have the right to submit their requests for permits and rights of way in electronic format via a single information point. Those undertakings should also be able to retrieve information in electronic format about the status of their requests and whether they have been granted or refused.
Amendment 142 #
Proposal for a regulation
Recital 39
Recital 39
(39) Permit-granting procedures should not be barriers to investment or harm the internal market. Member States should therefore ensure that a decision on whether or not to grant permits on the deployment of elements of very high capacity networks or associated facilities is made available within 4 months from the receipt of a complete permit request or within the time limits laid down in national law, whichever is shorter. This is without prejudice to other specific deadlines or obligations laid down for the proper conduct of the procedure, which are applicable to the permit-granting procedure in accordance with national or Union law. Competent authorities should not restrict, hinder or make the deployment of very high capacity networks or associated facilities economically less attractive. Specifically, they should not prevent procedures for granting permits and rights of way from proceeding in parallel, where possible, or require operators to obtain one type of authorisation before they can apply for other types of authorisations. Competent authorities should justify any refusal to grant permits or rights of way under their competence, based on objective, transparent, non-discriminatory and proportionate conditions.
Amendment 149 #
Proposal for a regulation
Recital 40
Recital 40
(40) To avoid undue delays, competent authorities must determine the completeness of the permit request within 15 daysone month from its receipt or within the time limit laid down in national law, whichever is shorter. The permit request should be deemed complete unless the competent authority invites the applicant to provide any missing information within that period. For reasons of equal treatment and transparency, the competent authorities should not consider permit requests for civil works to be admissible if the minimum information required under this Regulation has not been made available via a single information point within 3 months before the first permit request is submitted to the competent authorities. Where, in addition to permits, rights of way are required for deploying elements of very high capacity networks, competent authorities should, by way of derogation from Article 43 of Directive (EU) 2018/1972, grant such rights of way within 4 months from the receipt of the request. Other rights of way not needed in conjunction with permits for civil works should continue to be granted within 6 months in accordance with Article 43 of Directive (EU) 2018/1972. Operators that suffer damage due to the delay of a competent authority to grant permits or rights of way within the applicable deadlines should have the right to compensation.
Amendment 153 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to ensure uniform conditions for the implementation of Article 7 of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council39 . The exemptions from the requirement for permits set out at Union level by way of an implementing act,The Commission should after consulting relevant stakeholders, identify categories of deployment of elements of very high capacity networks or associated facilities that Member States should consider to exempt from any permit- granting procedure. The exemptions from the requirement for permits could be applied to different categories of infrastructure (such as masts, antennae, poles and underground cables) under certain specified conditions, for which building permits, digging permits or other types of permits may be initially required. They could also be applied to technical upgrades of existing maintenance works or installations, small- scale civil works, such as trenching, and renewals of permits. _________________ 39 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. If any provision of this Regulation conflicts with a provision of Directive (EU) 2018/1972 or, Directive 2002/77/EC, Directive (EU) 2022/2555 or Regulation (EU) XXXX/XXXX [Cyber Resilience Act], the relevant provision of those Directivespieces of legislation shall prevail.
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 2 – point 1 – point b – point ii
Article 2 – paragraph 2 – point 1 – point b – point ii
(ii) transport services, including railways, roads, tunnels, ports and airports;
Amendment 205 #
Proposal for a regulation
Article 2 – paragraph 2 – point 11 a (new)
Article 2 – paragraph 2 – point 11 a (new)
(11a) 'rights of way' means rights granted in accordance with Art 43 of the Directive (EU) 2018/1972;
Amendment 220 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Providers of wireless physical infrastructure such as 'tower companies', which offer only passive access to more than one host public electronic communications operator, shall be exempted from provisions regulating their pricing models based on paragraph 1.
Amendment 236 #
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) the costs to the public sector body of maintaining the infrastructure, the additional operational costs as a result of providing access to the infrastructure;
Amendment 250 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point f a (new)
Article 3 – paragraph 3 – subparagraph 1 – point f a (new)
(fa) the availability of open, non- discriminating access to electronic communications networks of wholesale only operators owned or controlled by public sector bodies suitable for the provision of very high capacity networks covering the area of the infrastructure access was requested to.
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a
Article 4 – paragraph 1 – subparagraph 1 – point a
(a) georeferenced location and route;
Amendment 273 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In cases, where Network operators and public sector bodies shall make availablepossess the minimum information referred to in paragraph 1, via the single information point and in electronic forma in electronic format, and in cases referred to in paragraph 1 point a) in georeferenced and electronic format, they shall make it available via the single information point, by [DATE OF ENTRY INTO FORCE + 12 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1.
Amendment 276 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 (new)
Article 4 – paragraph 2 – subparagraph 1 (new)
In cases where the minimum information referred to in paragraph 1 was not yet made available via the single information point in electronic format, Network operators and public sector bodies shall make it available via the single information point in electronic format upon request no later than 15 days after the request for information is submitted. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1. Member States shall set up a deadline until which Network operators and public sector bodies shall make available the minimum information referred to in paragraph 1 via the single information point in electronic format.
Amendment 297 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 a (new)
Article 5 – paragraph 3 – subparagraph 1 a (new)
A request to coordinate civil works made by an undertaking providing or authorised to provide public electronic communications networks to an undertaking owned or controlled by public sector bodies and providing or authorised to provide public electronic communications networks may be deemed unreasonable in cases where the civil works contribute to the deployment of an open access very high capacity network, to which access will be granted on wholesale level.
Amendment 299 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
If a request to coordinate is considered unreasonable on the basis of the first or second paragraph, the undertaking providing or authorised to provide public electronic communications networks refusing the coordination of civil works shall deploy physical infrastructure with sufficient capacity to accommodate possible future reasonable needs for third- party access.
Amendment 322 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Any operator shall have the right to submit, via a single information point in electronic format, applications for permits or rights of way and to retrieve information applications for permits or rights of way in electronic format. Permit granting authorities shall upon request inform applicants about the status of itstheir application without unnecessary delay.
Amendment 327 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The competent authorities shall, within 1530 working days from its receipt, reject applications for permits, including for rights of way, for which the minimum information has not been made available via a singlethe dedicated information point, pursuant to Article 6(1) first subparagraph, by the same operator which applies for that permit, if this operator has an obligation to allow coordination for those civil works pursuant to Article 5 second paragraph.
Amendment 330 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
The competent authorities shall grant or refuse permits, other than rights of way, within 4 months or within the deadline set by national law, whichever is shorter, from the date of the receipt of a complete permit application.
Amendment 340 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The completeness of the application for permits or rights of way shall be determined by the competent authorities within 15 daysone month or within the deadline set by national law, whichever is shorter, from the receipt of the application. Unless the competent authorities invited the applicant to provide any missing information within that period, the application shall be deemed complete.
Amendment 350 #
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 4
Article 7 – paragraph 5 – subparagraph 4
By way of exception and based on a justified reason set out by a Member State, the 4 month deadlines referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasons justifying such an extension, publish them in advance via single information points and notify them to the Commission.
Amendment 351 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 4 month period or the respective deadline set by national law, whichever is shorter, from the date of receipt of the application.
Amendment 364 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. In the absence of a response from the competent authority within the 4- month deadlines referred to in paragraphs 5 first subparagraph, and unless such deadline is extended pursuant to paragraph 5 fourth subparagraph, the permit shall be deemed to have been granted. This shall also apply in the case of rights of way referred to in paragraph 6.
Amendment 370 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. The Commission shall, by means of an implementing act, spec after consulting relevant stakeholders, identify categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject toMember States shall consider to exempt from any permit- granting procedure within the meaning of this Article. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 372 #
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
Amendment 376 #
Proposal for a regulation
Article 7 – paragraph 11
Article 7 – paragraph 11
Amendment 441 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Article 8 first paragraph of Directive (EU) 2018/1972 shall be applied mutatis mutandis to national dispute settlement bodies.
Amendment 442 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Paragraphs 2 and 2a shall apply mutatis mutandis to the competent bodies performing the functions of a single information point.
Amendment 451 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. The Commission, supported by BEREC and the national regulators, shall carry out a market analysis to determine whether phenomena have occurred in the Member States, indicating a market failure with regard to the pricing of tower companies. By [Date of Entry into force + 2 years], the Commission shall submit a report, which presents the results of the market analysis, to the European Parliament and the Council of the European Union. If the report comes to the conclusion that a market failure occurred, the Commission shall propose measures, addressing the market failures, in the form of a legislative proposal.
Amendment 452 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3(1a), shall be conferred on the Commission for a period of five years from [DATE THE REGULATION COMES IN EFFECT]. 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. 3. The delegation of power referred to in Article 3(1a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(1a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 454 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
National measures that specify the categories of deployment of elements of very high capacity networks or associated facilities not being subject to any permit- granting procedure within the meaning of Article 7, and that were adopted by the Member States pursuant to Directive 2014/61/EU or before its entry into force but in line with it shall continue to apply until the implementing act prorevidsed for in Article 7(8) of this Regulation enters into applicationby the Member States.
Amendment 456 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)