[ParlTrack]

Proposal for a directive
Article 2 – paragraph 1 – point 2

(2) 'very high capacity network' means an publicly available electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination pointr partially of optical fibre elements.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘'electronic communications service’' means a publicly available service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly ~~or mainly~~ in the conveyance of signals such as transmission ~~service~~of signals used for the provision of machine- to- machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 2 – paragraph 1 – point 5

(5) 'interpersonal communications service’' means an electronic communications service normally provided for remunerations that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 2 – paragraph 1 – point 11

(11) ‘'associated services’' means those services associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services~~, self-provision or automated- provision~~ via that network and/or service or have the potential to do so and include, inter alia, number translation or systems offering equivalent functionality, conditional access systems and electronic programme guides, ~~voice command, multi- language or language translation~~ as well as other services such as identity, location and presence service;

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 2 – paragraph 1 – point 28

(28) ‘'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, including when they are used for the delivery of information society services or broadcast content services. It covers inter alia: access to network elements 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 information systems or databases for pre-ordering, provisioning, ordering, maintaining and repair requests, and billing; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, ~~including software emulated networks,~~ in particular for roaming; access to conditional access systems for digital television services and access to virtual network services;

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 3 – paragraph 3 – point b

(b) ensuring that, in similar circumstances, there is no discrimination in the treatment of ~~undertakings providing~~providers of electronic communications networks and services;

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1

National regulatory authorities shall conduct a geographical survey of the reach of ~~electronic communications networks capable of delivering broadband ("broadband~~very high capacity networks") within three years from [deadline for transposition of the Directive] and shall update it at least every three years.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a

a) a survey of the current geographic reach of ~~broadband~~very high capacity networks within their territory, in particular for conducting the tasks required by Articles 62 and 65 and by Article 81, as well as for imposing obligations in accordance with Article 66 and for the surveys required for the application of State aid rules; and

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1

~~a three-year forecast of the reach of broadband networks within their territory, relying on the information gathered in accordance with point (a), where this is available and relevant.~~deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2

This forecast shall reflect the economic prospects of the electronic communications networks sector and investment intentions of operators at the time when the data is gathered, in order to allow the identification of available connectivity in different areas. This forecast shall include information on planned deployments by any undertaking or public authority, in particular to include very high capacity networks and significant upgrades or extensions of legacy broadband networks to at least the performance of next-generation access networks. For this purpose, national regulatory authorities shall request undertakings to provide relevant information regarding planned deployments of such networks.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 22 – paragraph 2

2. National regulatory authorities may designate a "digital exclusion area" corresponding to an area with clear territorial boundaries where, on the basis of the information gathered pursuant to paragraph 1, it is determined that for the duration of the relevant forecast period, no undertaking or public authority has deployed or is planning to deploy a very high capacity network or has significantly upgraded or extended its network to a performance of at least 100 Mbps download speeds, or is planning to do so. National regulatory authorities shall publish the designated digital exclusion areas.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 22 – paragraph 3

3. Within a designated digital exclusion area, national regulatory authorities may issue a call open to any undertaking to declare their intention to deploy very high capacity networks over the duration of the relevant forecast period. The national regulatory authority shall specify the information to be included in such submissions, in order to ensure at least a similar level of detail as that taken into consideration in the forecast envisaged in paragraph 1(b). It shall also inform any undertaking expressing its interest whether the designated digital exclusion area is covered or likely to be covered by an NGA network offering download speeds below 100 Mbps on the basis of the information gathered pursuant to paragraph 1(b).deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 22 – paragraph 4

4. When national regulatory authorities take measures pursuant to paragraph 3, they shall do so according to an efficient, objective, transparent and non-discriminatory procedure, whereby no undertaking is a priori excluded. Failure to provide information pursuant to paragraph 1(b) or to respond to the call for interest pursuant to paragraph 3 may be considered as misleading information pursuant to Articles 20 or 21.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 22 – paragraph 5

5. Member States shall ensure that local, regional and national authorities with responsibility for the allocation of public funds for the deployment of electronic communications networks, for the design of national broadband plans, for defining coverage obligations attached to rights of use for radio spectrum and for verifying availability of services falling within the universal service obligation in their territory take into account the results of the surveys and of the designated digital exclusion areas conducted in accordance with paragraphs 1, 2 and 3, and that national regulatory authorities supply such results subject to the receiving authority ensuring the same level of confidentiality and protection of business secrets as the originating authority. These results shall also be made available to BEREC and the Commission upon their request and under the same conditions.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 33 – paragraph 5 – point c

(c) take a decision requiring the national regulatory authority concerned to withdraw the draft measure, where BEREC shares the serious doubts of the Commission. 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. In this case, the procedure referred to in Article 32 (6) shall apply mutatis mutandis.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 35 – paragraph 3

3. Within one month, or a longer period, if the national regulatory authority agrees to extend the deadline, BEREC shall issue a reasoned opinion on the draft measure, which shall analyse whether that measure would be the most appropriate in order to: (a) promote the development of the internal market as well as competition and maximise the benefits for the consumer, and overall achieve the objectives and principles set in Articles 3 and 45(2), (b) ensure effective and efficient use of radio spectrum; and (c) ensure stable and predictable investment conditions for existing and prospective radio spectrum users when deploying networks for the provision of electronic communications services which rely on radio spectrum. The reasoned opinion shall state if the draft measure should be amended or withdrawn. Where appropriate, BEREC shall provide specific recommendations to that end. National regulatory authorities and the Commission may also make comments on the draft decision to the national regulatory authority concerned.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 35 – paragraph 5

5. The national regulatory authority concerned shall take utmost account of the opinion of BEREC and of comments made by the Commission and other national regulatory authorities before adopting its final decision. It shall communicate the final decision adopted to BEREC and the Commission. Where the national regulatory authority decides not to amend or withdraw the draft measure on the basis of the reasoned opinion issued pursuant to paragraph 2 of this Article, it shall provide a reasoned justification. The national regulatory authority concerned may withdraw its draft measure at any stage of the procedure.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available number-based electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 1

Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a ~~breach of security~~security incident that has had a significant impact on the operation of networks or services.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point d

(d) the extent to which the functioning of the network or service is disrupted;

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2 – point e

~~(e) the impact on economic and societal activities.~~deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 40 – paragraph 5

~~5. The Commission, shall be empowered to adopt~~ delegated acts in accordance with Article 109 with a view to specifying the measures referred to in paragraphs 1 and 2, including measures defining the circumstances, format and procedures applicable to notification requirements. The delegated acts shall be based on European and international standards to the greatest extent possible, and shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 41 – paragraph 1

1. Member States shall ensure that in order to implement Article 40, the competent authorities have the power to issue binding instructions, including those regarding the measures required to prevent or remedy a breach and time-limits for implementation, to undertakings providing public communications networks or publicly available electronic communications services.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 2

When adopting technical harmonisation measures under Decision No 676/2002/EC, the Commission may, taking utmost account of the opinion of Radio Spectrum Policy Group, adopt an implementing measure setting out whether, pursuant to Article 46 of this Directive, rights in the harmonised band shall be subject to a general authorisation or to individual rights of use. Those implementing measures shall be adopted in accordance with the examination procedure referred to in Article 110(4).deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 46 – paragraph 3

3. The Commission may, taking utmost account of the opinion of the Radio Spectrum Policy Group, adopt implementing measures on the modalities of application of the criteria, rules and conditions referred to in paragraphs 1 and 2 with regard to harmonised radio spectrum. It shall adopt these measures in accordance with the examination procedure referred to in Article 110(4).deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 47 – paragraph 3

3. The Commission may adopt implementing measures in order to specify the modalities of applying the conditions that Member States may attach to authorisations to use harmonised radio spectrum in accordance with paragraphs 1 and 2, with the exception of fees pursuant to Article 42. With regard to the coverage requirement under Part D of Annex I, any implementing measure shall be limited to specifying criteria to be used by the competent authority to define and measure coverage obligations, taking into account similarities of regional geographical characteristics, population density, economic development or network development for specific types of electronic communications and evolution of demand. Implementing measures shall not extend to the definition of specific coverage obligations. Those implementing measures shall be adopted in accordance with the examination procedure referred to in Article 110(4), taking utmost account of any opinion of the Radio Spectrum Policy Group.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 49 – paragraph 2

2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a ~~duration of at least 25 years~~n appropriate duration, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 50 – paragraph 1

1. Competent authorities shall take a decision on the renewal of individual rights of use for harmonised radio spectrum, ~~at least 3 years~~ before the expiry of those rights. They shall consider such renewal, whether at their own initiative or upon timely request by the right holder~~, in the latter case not earlier than 5 years prior to expiry of the rights concerned~~. This shall be without prejudice to renewal clauses applicable to existing rights.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 53 – paragraph 1 – point b

(b) where necessary to ensure the effectiveness of coordination, adopt any transitional measure regarding the duration of rights pursuant to Article 49, such as an extension or a reduction of their duration, in order to adapt existing rights or authorisations to such harmonised date.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – introductory part

In line in particular with Article 3(1) of Regulation 2015/2120 of the European Parliament and of the Council,48 competent authorities shall ensure that providers of public communications networks or number-based publicly available electronic communications services do not unilaterally restrict: _________________ 48 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a

~~a) the right of end-users to accede to radio local area networks of their choice provided by third parties;~~deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point b

b) the right of end-users to allow reciprocally or more generally access to the networks of such providers by other end-users through radio local area networks, including on the basis of third- party initiatives which aggregate and make publicly accessible the radio local area networks of different end-users.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2

To that end, providers of public communications networks or publicly available electronic communications services shall make available and actively offer, clearly and transparently, products or specific offers allowing its end-users to provide access to third parties through a radio local area network.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c

(c) in justified cases, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely where access to emergency services or end-to-end connectivity between end-users is endangered due to a lack of interoperability between interpersonal communications services.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 3

The obligations referred to in point (c) of the second subparagraph may only be imposed: (i) to the extent necessary to ensure interoperability of interpersonal communications services and may include obligations relating to the use and implementation of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; and (ii) where the Commission, on the basis of a report that it had requested from BEREC, has found an appreciable threat to effective access to emergency services or to end-to-end connectivity between end- users within one or several Member States or throughout the European Union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed, in accordance with the examination procedure referred to in Article 110(4).deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a

(a) a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); andeleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point b

(b) in the case of recently deployed network elements, ~~in particular by smaller local projects,~~ the granting of that access would compromise the economic or financial viability of their deployment.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 59 – paragraph 6

6. By [entry into force plus 18 consistent definition of the location of network termination points by national regulatory authorities, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, adopt guidelines on common approaches to the identification of the network termination point in different network topologies. National regulatory authorities shall take utmost account of those guidelines when defining the location of network termination points.deleted order to contribute to a

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 a (new)

Two or more undertakings are each deemed to enjoy a position equivalent to having significant market power when they might significantly impede effective competition.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 63 – paragraph 1

1. After consulting stakeholders and in close cooperation with BEREC, the Commission~~, BEREC~~ may adopt a Decision identifying transnational markets in accordance with the principles of competition law and taking utmost account of the Recommendation and SMP Guidelines adopted in accordance with Article 62. BEREC shall conduct an analysis of a potential transnational market if the Commission or at least two national regulatory authorities concerned submit a reasoned request providing supporting evidence.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 64 – paragraph 2

2. On the basis of BEREC guidelines referred to in paragraph 1, the Commission may adopt a Decision pursuant to Article 38 to harmonise the technical specifications of wholesale access products capable of meeting such identified transnational demand, when they are imposed by national regulatory authorities on operators designated with significant market power in markets where such access products are supplied, as defined according to national circumstances. Article 38(3)(a) second subparagraph first indent shall not apply in such a case.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 65 – paragraph 2 – point a

(a) the existence of market developments which may increase the likelihood of the relevant market tending towards effective competition, such as those commercial co-investment or access agreements between operators which benefit competitive dynamics sustainably;deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 65 – paragraph 5 – point a

(a) within five years from the adoption of a previous measure where the national regulatory authority has defined the relevant market and determined which undertakings have significant market power. Exceptionally, that five-year period may be extended for up to onthree additional years, where the national regulatory authority has notified a reasoned proposed extension to the Commission no later than four months before the expiry of the five years period, and the Commission has not objected within one month of the notified extension;

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 66 – paragraph 4

4. Obligations imposed in accordance with this Article shall be based on the nature of the problem identified, in particular at retail level ~~and where appropriate taking into account the identification of transnational demand pursuant to Article 64. They shall be proportionate, have regard to the costs and benefits,~~. They shall be proportionate, have regard to the costs and benefits, considering in particular whether the undertaking designated as having significant market power operates only at wholesale level and be justified in the light of the objectives laid down in Article 3 of this Directive. Such obligations shall only be imposed following consultation in accordance with Articles 23 and 32.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1

Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not ~~on their own lead to the achievement of the objectives set out in Article 3~~address the competition problems identified in the relevant market, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, and would not be in the end-user's interest.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)

(c a) to provide specified services on a wholesale basis for resale by third parties

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 73 – paragraph 2

2. By [date] the Commission shall, after having consulted BEREC, adopt delegated acts in accordance with Article 109 concerning a single maximum termination rate to be imposed by national regulatory authorities on undertakings designated as having significant market power in fixed and mobile voice termination markets respectively in the Union.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 73 – paragraph 3

~~3. When adopting these~~ delegated ~~acts, the Commission shall follow the principles laid down in the first subparagraph of paragraph 1 and shall comply with the criteria and parameters provided in Annex III.~~

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 73 – paragraph 4

4. In applying paragraph 2, the Commission shall ensure that the single voice call termination rate in mobile networks shall not exceed 1.23 €cent per minute and the single voice call termination rate in fixed networks shall not exceed 0.14 €cent per minute. The Commission shall take into account the weighted average of maximum termination rates in fixed and mobile networks established in accordance with the principles provided in the first subparagraph of paragraph 1 applied across the Union when setting the single maximum termination rate for the first time.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 73 – paragraph 5

~~5. When adopting~~ delegated acts pursuant to paragraph 2, the Commission shall take into account the total number of end-users in each Member State, in order to ensure a proper weighting of the maximum termination rates, as well as national circumstances which result in significant differences between Member States when determining the maximum termination rates in the Union

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 73 – paragraph 6

6. The Commission may request BEREC to develop an economic model in order to assist the Commission in determining the maximum termination rates in the Union. The Commission shall take into account market information provided by BEREC, national regulatory authorities or, directly, by undertakings providing electronic communications networks and services.deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 73 – paragraph 7

~~7. The Commission shall review the~~ delegated ~~acts adopted pursuant this Article every five years.~~

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – introductory part

A national regulatory authority ~~shall~~may determine not to impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c

(c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end- user reach as was available before the deployment, ~~either~~ through commercial agreements based on fair and reasonable terms ~~or by means of regulated access maintained or adapted by the national regulatory authority~~;

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1

Undertakings which have been designated as having significant market power in one or several relevant markets in accordance with Article 65 of this Directive shall inform the national regulatory authority three months in advance and in a timely manner, in order to allow the national regulatory authority to assess the effect of the intended transaction, when they intend to transfer their local access network assets or a substantial part thereof 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.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 77

Vertically separate undertakings 1. A national regulatory authority that designates an undertaking which is absent from any retail markets for electronic communications services as having significant market power in one or several wholesale markets in accordance with Article 65 shall consider whether that undertaking has the following characteristics: (a) all companies and business units within the undertaking, including all companies that are controlled but not necessarily wholly owned by the same ultimate owner(s), only have activities, current and planned for the future, in wholesale markets for electronic communications services and therefore do not have activities in any retail market for electronic communications services provided to end-users in the Union; (b) the undertaking does not hold an exclusive agreement, or an agreement which de facto amounts to an exclusive agreement, with a single and separate undertaking operating downstream that is active in any retail market for electronic communications services provided to private or commercial end-users. 2. If the national regulatory authority concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are fulfilled, it may only impose on that undertaking obligations pursuant to Articles 70 or 71. 3. The national regulatory authority shall review obligations imposed on the undertaking in accordance with this Article at any time if it concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are no longer met and shall apply Articles 65 to 72, as appropriate. 4. The national regulatory authority shall also review obligations imposed on the undertaking in accordance with this Article if on the basis of evidence of terms and conditions offered by the undertaking to its downstream customers, the authority concludes that competition problems have arisen to the detriment of end-users which require the imposition of one or more obligations provided in Articles 67, 68, 69 or 72, or the modification of the obligations imposed in accordance with paragraph 2. 5. The imposition of obligations and their review in accordance with this Article shall be implemented in accordance with the procedures referred to in Articles 23, 32 and 33.Article 77 deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 87 – paragraph 4 – subparagraph 3

~~BEREC shall establish a central registry on the numbers with a right of extraterritorial use, to which national regulatory authorities shall transmit the relevant information.~~deleted

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 93 – title

Fundamental rights ~~safeguard~~

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 93 – paragraph 1

1. National measures regarding end- users’ access to, or use of, services and applications through electronic communications networks shall respect the ~~fundamental rights and freedoms, as guaranteed by the~~ Charter of Fundamental Rights of the Union and general principles of Union law.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 93 – paragraph 2

2. Any of these measures regarding end-users’ access to, or use of, services and applications through electronic communications networks liable to ~~restrict those fundamental~~limit the exercise of those rights or freedoms may only be imposed if they are provided for by law and respect ~~the essence~~ of those rights or freedoms~~, are appropriate,~~ recognized by the Charter, are proportionate and necessary, and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others in line with Article 52(1) of the Charter of Fundamental Rights of the European Union and with general principles of Union law, including ~~effective judicial protection and due process~~the right to an effective remedy and to a fair trial. Accordingly, these measures may only be taken with due respect for the principle of the presumption of innocence and the right to privacy. A prior, fair and impartial procedure shall be guaranteed, including the right to be heard of the person or persons concerned, subject to the need for appropriate conditions and procedural arrangements in duly substantiated cases of urgency in conformity with the Charter ~~of Fundamental Rights of the European Union. The right to effective and timely judicial review shall be guaranteed~~.

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – introductory part

By [entry into force + 12 months], ~~BEREC~~the Commission shall issue a decision on a contract summary template, which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2. Those main elements shall include at least complete information on:

2017/04/06
Committee: ITRE

Evžen TOŠENOVSKÝ

Proposal for a directive
Article 109

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Articles 40, 60, 73, 102 and 108 shall be conferred on the Commission for an indeterminate period of time from... [date of entry into force of the basic legislative act or any other date set by the co- legislators]. 3. The delegation of power referred to in Articles 40, 60, 73, 102 and 108 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 principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 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(s) 40, 60, 73, 102, and 108 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and 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.Article 109 deleted Exercise of the delegation

2017/04/06
Committee: ITRE

62 Amendments of Evžen TOŠENOVSKÝ related to 2016/0288(COD)

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