19 Amendments of Jens ROHDE related to 2013/0080(COD)
Amendment 27 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures to reduce the cost of deploying high-speed electronic communications networks (Text with EEA relevance)
Amendment 42 #
Proposal for a regulation
Recital 9
Recital 9
(9) This RegulationDirective aims at providing some minimum rights and obligations applicable across the Union in order to facilitate the rollout of high-speed electronic communications networks and cross-sector coordination. While ensuring a minimum level playing field, this should be without prejudice to existing best practices and measures adopted at national and local level entailing more detailed provisions and conditions as well as additional measures complementing those rights and obligations, in accordance with the subsidiarity principle.
Amendment 43 #
Proposal for a regulation
Recital 10
Recital 10
(10) In light of the lex specialis principle, when more specific regulatory measures in conformity with EU law apply, these should prevail over the minimum rights and obligations provided for in this RegulationDirective. Therefore this RegulationDirective should be without prejudice to EU law and in particular to any specific regulatory measure, including the imposition of remedies on undertakings having significant market power, applied in accordance with the Union regulatory framework for electronic communications (Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)32 , Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)33 , Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)34 , Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)35 and Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services36 ). __________________ 32 OJ L 108, 24.4.2002, p. 33. 33 OJ L 108, 24.4.2002, p. 21. 34 OJ L 108, 24.4.2002, p. 7. 35 OJ L 108, 24.4.2002, p. 51. 36 OJ L 249, 17.9.2002, p. 21.
Amendment 46 #
Proposal for a regulation
Recital 11
Recital 11
(11) It can be significantly more efficient for electronic communications network operators, in particular new entrants, to re- use existing physical infrastructures, including those of other utilities, in order to roll-out electronic communications networks, in particular in areas where no suitable electronic communications network is available or where it may not be economically feasible to build-up a new physical infrastructure. Moreover, synergies across sectors may significantly reduce the need for civil works due to the deployment of electronic communications networks and therefore also the social and environmental costs linked to them, such as pollution, nuisances and traffic congestion. Therefore this RegulationDirective should be applicable not only to electronic communications network providers but to any owner or holder of rights to use extensive and ubiquitous physical infrastructures suitable to host electronic communications network elements, such as physical networks for the provision of electricity, gas, water and sewage, heating and transport services.
Amendment 54 #
Proposal for a regulation
Recital 13
Recital 13
(13) While this RegulationDirective should be also without prejudice to any specific safeguard needed to ensure the security and integrity of the networks as well as to ensure that the main service provided by the network operator is not affected, general rules in national legislation prohibiting network operators to negotiate access to physical infrastructures by electronic communications network providers could prevent the establishment of a market for access to physical infrastructures and should therefore be abolished. At the same time, the measures provided in this RegulationDirective are without prejudice to the possibility of the Member States to render the provision of infrastructure access by utilities operators more attractive by excluding revenues stemming from this service from the basis for the calculation of end-users tariffs for their main activity or activities, in accordance with applicable EU law.
Amendment 56 #
Proposal for a regulation
Recital 14
Recital 14
(14) A network operator may refuse access to specific physical infrastructures due to objective reasons. In particular, a physical infrastructure may not be technically suitable in view of specific circumstances concerning infrastructures for which access has been requested, including lack of available space. Similarly, in specific circumstances, sharing the infrastructure may jeopardise network integrity and security or may endanger the provision of services that are primarily provided over the same infrastructure. Moreover, when the network operator already provides wholesale physical network infrastructure access that would meet the needs of the access seeker, access to the underlying physical infrastructure may have an adverse economic impact on its business model and incentives to invest while possibly entailing an inefficient duplication of network elements. At the same time in the case of physical infrastructure access obligations imposed pursuant to the Union regulatory framework for electronic communications, such as those on undertakings having significant market power, this would be already covered by specific regulatory obligations that should not be affected by this RegulationDirective.
Amendment 61 #
Proposal for a regulation
Recital 18
Recital 18
(18) While not imposing any new mapping obligation on Member States, this RegulationDirective provides that minimum information already collected by public sector bodies and available in electronic form pursuant to national initiatives as well as under Union law (such as Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)37 ) should be made available , e.g. via hyperlink, to a single information point with a view to allow a coordinated access to information on physical infrastructures for electronic communications network providers while at the same time ensuring the security and integrity of any such information. Such provision of information should be without prejudice to the transparency requirements already applicable to the re-use of public sector information pursuant to Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information38 . Where information available to the public sector does not ensure adequate knowledge of the existing physical infrastructures in a specific area or of a certain type, network operators should make the information available to the single information point upon request. __________________ 37 38OJ L 108, 25.4.2007, p. 1. OJ L 108, 25.4.2007, p. 1. 38 OJ L 345, 31.12.2003, p. 90. OJ L 345, 31.12.2003, p. 90.
Amendment 63 #
Proposal for a regulation
Recital 29
Recital 29
(29) Without prejudice to the tasks entrusted to national regulatory authorities provided under the Union regulatory framework for electronic communications, in the absence of specific designations by Member States, in order to ensure consistent dispute settlement decisions, such functions provided for in this RegulationDirective should be assigned to the authorities fulfilling the tasks provided in Article 20 of Directive 2002/21/EC, taking into account the expertise available and the guarantees of independence and impartiality. However, in line with the principle of subsidiarity, this Regulation should be without prejudice to the possibility of Member States to allocate the regulatory tasks provided herewith to authorities better suited to fulfil them in accordance with the domestic constitutional system of attribution of competences and powers and with the requirements set forth in this RegulationDirective.
Amendment 64 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure effectiveness of the information points provided for in this RegulationDirective, Member States deciding to appoint different bodies from the national regulatory authority fulfilling the tasks provided in Article 20 of Directive 2002/21/EC should ensure adequate resources as well as that the relevant information concerning a specific area is made available at such information points at an optimal level of aggregation where valuable efficiencies may be ensured in view of the tasks assigned (such as the cadastre). In this regard, Member States may consider the possible synergies and economies of scope with the Points of Single Contact within the meaning of Article 6 of Directive 2006/123/EC of 12 December 2006 on services in the internal market (the Services Directive), with a view to build on existing structures and maximising the benefits for end-users.
Amendment 65 #
Proposal for a regulation
Recital 33
Recital 33
(33) This RegulationDirective respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to privacy and the protection of business secrets, the freedom to conduct business, the right to property and the right to an effective remedy. This RegulationDirective has to be applied by the Member States in accordance with those rights and principles.
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This RegulationDirective aims to facilitate and incentivise the roll-out of high-speed electronic communications networks by promoting joint use of existing and enabling more efficient deployment of new physical infrastructure so that such networks can be rolled out at lower cost.
Amendment 68 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This RegulationDirective shall apply to all civil works and physical infrastructure, as defined in Article 2.
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This RegulationDirective is without prejudice to the rights of Member States to maintain or introduce measures in conformity with Union law which contain more detailed provisions than those set out in this RegulationDirective.
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This RegulationDirective is without prejudice to Directive 2002/21/EC, Directive 2002/20/EC, Directive 2002/19/EC, Directive 2002/22/EC and Directive 2002/77/EC.
Amendment 71 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
For the purposes of this RegulationDirective, the definitions set out in Directives 2002/21/EC, 2002/20/EC, 2002/19/EC, 2002/22/EC and 2002/77/EC shall apply.
Amendment 177 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
The Commission shall present a report to the European Parliament and the Council by [Publications Office: please insert the exact date: entry into force of this Regulation + 3 years] at the latest on the implementation of this RegulationDirective. The report shall include a summary of the impact of the measures provided by this Regulation and an assessment of the progress towards achieving its objectives.
Amendment 179 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This RegulationDirective shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Amendment 180 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 181 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Addresses This Directive is addressed to the Member States.