42 Amendments of Evžen TOŠENOVSKÝ related to 2011/0299(COD)
Amendment 1 #
Proposal for a regulation
Title
Title
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on guidelines for trans-European telecommunicationsdigital networks and repealing Decision No 1336/97/EC
Amendment 3 #
Proposal for a regulation
Recital 1
Recital 1
(1) TelecommunicationsDigital networks and services are increasingly becoming internet-based infrastructures, with broadband networks and digital services closely interrelated. The internet is becoming the dominant platform for communication, services, and business. Therefore, the trans-European availability of fast Internet access and digital services in the public interest is essential for economic growth and the Single Market.
Amendment 9 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 10 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Digital Agenda for Europe stipulates that by 2020 all Europeans should have access to internet speeds of above 30 Mbps and 50% or more of European households should subscribe to internet connections above 100 Mbps. However, given the rapid evolution of technologies that lead to ever faster internet connexions, it is appropriate today, for all Union households, to target internet connections above 100 Mbps with 50% of the households having access to 1 Gbps.
Amendment 11 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) A European market with nearly 500 million people connected to high-speed broadband would act as a spearhead for the development of the Internal Market, creating a globally unique critical mass of users exposing all regions to new opportunities and giving each user increased value, as well as giving the Union the capacity to be a world leading knowledge-based economy. A rapid deployment of high-speed broadband networks is crucial for the development of European productivity and for the emergence of new and small enterprises that can be leaders in different sectors, for example health care, manufacturing and the service industries.
Amendment 13 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) While the deployment of fibre and ultra high-speed broadband connections in the Union remains unsatisfactory, other economies in the world are taking the global lead by offering significantly higher capacity and speeds of 1 Gbps and beyond. Investment in fibre, both in the home and in passive infrastructure in the backhaul network, is a crucial ingredient if the Union is to be home to innovation, knowledge and services.
Amendment 14 #
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) Targets for 2020 should be revised, aiming for the Union to have the fastest broadband speed in the world by seeking to ensure that by 2020 all Union citizens have access to 100 Mbps and 50% of Union households have access to 1 Gbps or more.
Amendment 18 #
Proposal for a regulation
Recital 19
Recital 19
(19) Financial assistance to projects of common interest should be complemented by horizontalprogramme support actions, including technical assistance, demand stimulation measures and coordination, which should aim at maximizing the impact of EU intervention.
Amendment 21 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down guidelines for the timely deployment and interoperability of projects of common interest in the field of trans-European telecommunicationsdigital networks.
Amendment 22 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
"TelecommunicationsDigital networks" means broadband networks and digital service infrastructures.
Amendment 24 #
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
f) "Broadband networks" means wired and wireless access networks, ancillary infrastructure and core networks capable of delivering very high speed connectivity, thereby contributing to the broadband targets of the Digital Agenda for Europ100 Mbps and 1Gbps where possible and above.
Amendment 25 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) economic growth and support to the completion and smooth functioning of the Digital Single Market in support of the competitiveness of the European economy, including small and medium sized enterprises (SMEs).
Amendment 30 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Projects of common interest may be supported through horizontalprogramme support actions.
Amendment 33 #
Proposal for a regulation
Article 5 – paragraph 3 – point c
Article 5 – paragraph 3 – point c
(c) HorizontalProgramme support actions shall be supported by
Amendment 36 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Second pPriority shall be given toalso to other digital service infrastructures in support of specific provisions of EU legislation and based on existing building blocksas listed in the annex (Section 1.2.).
Amendment 37 #
Proposal for a regulation
Article 6 – paragraph 3 – point a (new)
Article 6 – paragraph 3 – point a (new)
(3a) As the core service platform is a pre- condition for establishing a digital service infrastructure, the support to core service platforms and their common building blocks shall take priority over generic services.
Amendment 38 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On the basis of the objectives provided for in Article 3 and in function of the available budget, the work programmes as defined in Regulation (EU) No / establishing the Connecting Europe Facility ("work programmes") may establish further eligibility and priority criteria in the field of digital service infrastructures.
Amendment 40 #
Proposal for a regulation
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(a) make a significant contribution to the realisation of thebroadband targets of the Digital Agenda for Europ100Mbps and 1Gbps where possible and above.
Amendment 44 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Eligibility criteria for horizontal programme support actions shall be set out in the work programmes
Amendment 45 #
Proposal for a regulation
Article 7
Article 7
The Union may establish contacts, discuss, exchange information and cooperate with public authorities or any other organisations in third countries to achieve any objective pursued by these guidelines. Among other objectives, this cooperation shall seek to promote the interoperability between telecommunicationsdigital networks in the Union and telecommunicationsdigital networks of third countries.
Amendment 48 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) planncoordinating national plans or national strategies, where applicable;
Amendment 49 #
Proposal for a regulation
Article 8 – paragraph 2 – last paragraph
Article 8 – paragraph 2 – last paragraph
The Expert Group may also consider any other issue relating to the development of the trans-European telecommunicationsdigital networks.
Amendment 51 #
Proposal for a regulation
Annex – Section 1 – first paragraph
Annex – Section 1 – first paragraph
Interventions in the area of digital service infrastructure generally rely on a two-layer architecture approach: core service platforms and generic services. As the core service platform is a pre-condition for establishing a digital service infrastructure, the support to core service platforms and their common building blocks shall take priority over generic services.
Amendment 54 #
Proposal for a regulation
Annex – section 1 – point 2 – introductory part
Annex – section 1 – point 2 – introductory part
2. Other digital service infrastructures a priori identified as eligible in accordance with Article 6.1 and 6.3:
Amendment 63 #
(ha) Deployment of infrastructures in public transport allowing the use of secure and interoperable mobile proximity services: the deployment of infrastructures in public transport allowing the use of secure and interoperable mobile proximity services will enable citizens, businesses and organisations to access a variety of innovative services in mobility across the Union.
Amendment 65 #
(hb) European Platform for Access to Educational Resources. The objective is to exploit the benefits of ICT in the field of education through Europe-wide access to shared educational material. Cost- effective access to and improved quality of educational material through peer-review would strengthen European cohesiveness by enabling contacts, cooperation and debates among students and in the academic world. It would serve as a backbone for cooperation between educational institutions facilitating the implementation of other Union programmes such as "Erasmus for All". It would improve access to education and enhance the position of the Union in the global academic realm.
Amendment 66 #
Proposal for a regulation
Recital 7
Recital 7
(7) Actions in the field of broadband networks will be in line with the relevant Union policies, regulation and guidance. This includes the set of rules and guidelines for the telecommunications markets and in particular the Regulatory Framework for electronic communications adopted in 2009 which provides a coherent, reliable and flexible approach to the regulation of electronic communication networks and services in fast moving markets. These rules are being implemented by national regulatory authorities and the Body of European Regulators for Electronic Communications (BEREC). This also includes, if relevant, the "Community Guidelines for the application of state aid rules in relation to rapid deployment of broadband networks", which provide guidance on the application of public funding to broadband projects, setting strict criteria for the application of state funding and for the notification of projects to be assessed under those guidelines. The NGA Recommendation adopted in 2010 aims at fostering the development of the Single Market by enhancing legal certainty and promoting investment, competition and innovation in the market for broadband services in particular in the transition to next generation access networks (NGAs).
Amendment 69 #
Proposal for a regulation
Annex – section 2 – point 2 – introductory part
Annex – section 2 – point 2 – introductory part
All projects financially supported under this Regulation shall significantly contribute to the achievement of the targets of the Digital Agenda for Europ100Mbps and 1Gbps and above where possible.
Amendment 72 #
Proposal for a regulation
Annex – section 2 – point 2 – point a – subparagraph a
Annex – section 2 – point 2 – point a – subparagraph a
(a) be based on state-of-the art technology, either wired or wireless, capable of delivering very high-speed broadband services of speeds to at least 100 Mbps, thus meeting demand for applications which require high bandwidth, or
Amendment 77 #
Proposal for a regulation
Annex – section 2 – point 2 – point b
Annex – section 2 – point 2 – point b
b) Actions funded from additional ring- fenced contributions provided in accordance with Article 15.2 of Regulation (EU) No xxxx/2012 [CEF regulation] shall bring significant new capabilities to the market in terms of broadband service availability, speeds and capacity. Projects which provide speeds of data transmission of less than 3100 Mbps should ensure the increase of speeds to at least 3100 Mbps over time.
Amendment 78 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
Amendment 79 #
Proposal for a regulation
Annex – section 3 – introductory part
Annex – section 3 – introductory part
Section 3. HorizontalProgramme support actions The deployment of trans-European telecommunicationsdigital networks that will help to remove the bottlenecks existing in the digital single market shall be accompanied by studies and programme support actions. These actions may consist of:
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) stimulate Europe-wide deployment of fast and ultra-fast broadband networks in accordance with the principle of technology neutrality, utilising, among the available types of technologies, the ones best suited to achieve the Digital Agenda objectives, which, in turn, shall facilitate the development and deployment of trans- European digital services as well as the competitive potential of European industry.
Amendment 132 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
3 a. ‘Access’ means making available of facilities and/or services related to broadband networks, as further defined in Article 2(a) of Directive 2009/19/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).
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the deployment of ultra fast broadband networks ensuring the speed of data transmission of 100 Mbps and above, taking into account the potential demand for ultra-fast Internet;
Amendment 146 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) the deployment of broadband networks to link island, landlocked and peripheral regions with the central regions of the Union ensuring in those regions that speeds of data transmission are sufficient to permit broadband connectivity of 30 Mbps and above, taking into account the potential demand for ultra-fast Internet and, on the basis of technological neutrality, utilising, among the available types of technologies, the ones best suited to achieving the objectives;
Amendment 166 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States and/or other entities in charge of the implementation of projects of common interest or contributing to their implementation shall take the necessary legal, administrative, technical and financial measures in compliance with the corresponding specifications of this Regulation and where applicable, consistent with the Community Guidelines for the application of state aid rules in relation to rapid deployment of broadband networks. The implementation shall in particular, be based on a comprehensive project assessment. Such a project assessment shall cover, inter alia, market conditions including information on existing infrastructure, regulatory obligations on project promoter, commercial and marketing strategies.
Amendment 170 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Union may facilitate the implementation of the projects of common interest through regulatory measures, where appropriate, through coordination, through support measures and through financial support to stimulate their deployment and take-up, as well as public and private investment and if relevant shall be in compliance with the Community Guidelines for the application of state aid rules in relation to rapid deployment of broadband networks.
Amendment 176 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. TSubject to the second paragraph of Article 172 TFEU, the Commission shall be empowered to adopt delegated acts modifying the description of projects of common interest included in the Annex, adding new projects of common interest to the Annex, or removing obsolete projects of common interest from the Annex, in accordance with paragraphs 7, 8 and 9 below and in accordance with Article 8.
Amendment 188 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission shall be assisted by an Expert Group, composed of a representative of each Member State, for monitoring of the implementation of these guidelines, assisting in the planning through the national strategies for high speed internet and mapping of infrastructures, and exchanging information. The Expert Group may also consider any other issue relating to the development of the trans-European telecommunication networks. In particular, the Expert Group shall assist the Commission in: preparatory work prior to drawing up the annual and multiannual work programme and its revision referred to respectively in Article 17(1) and Article 17(2) of the Regulation (EU) No xxxx/2012 [CEF regulation] establishing the Connecting Europe Facility, the measures to be taken to evaluate the implementation of the work programme on a financial and technical level preparatory work prior to drawing up delegated acts referred to in Article 5(6). The Commission shall inform the Expert Group, at each of its meetings, of the progress made in implementing the work programme.
Amendment 219 #
Proposal for a regulation
Annex 1 – section 2 – paragraph 5
Annex 1 – section 2 – paragraph 5
High density/urban areas – with the exception of some low income regions - are typically well served with medium to fast speed connections, often provided by competitive offerings of cable and telecom operators. Yet because of this relatively satisfactory situation the market incentives to invest in very high speed networks such as fibre to the home are limited. Thus financial support may be also envisaged to investments in urban areas with dense populations which do not attract sufficient investment despite societal benefits it would generate, provided that it is in full compliance with Articles 101, 102 and 106 of the Treaty on the Functioning of the European Union, it should not lead to market distortions and crowding out of private investment, as well as, if relevant, with the Community Guidelines for the application of state aid rules in relation to rapid deployment of broadband networks.
Amendment 243 #
Proposal for a regulation
Annex 1 – section 2 – paragraph 9 – point c
Annex 1 – section 2 – paragraph 9 – point c
(c) Comply with applicable law, in particular with competition law and with the obligation to ensure access, as defined in Article 3 a.