{"change_dates":[],"dossier":{"amendments":[{"authors":"Katerina Batzeli","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-53","justification":"The objectives and tasks of the Authority proposed by the Commission are distinguished from\nthe key functions of ENISA. The need for the continuation of ENISA is conformed in the recent\n2007 evaluation and therefore the esstablishement of the new Authority or any other\nEuropean Network is without prejudice to the continuation of ENISA.","location":[["Proposal for a regulation","Recital 3"]],"meps":[28579],"meta":{"created":"2020-01-20T00:18:44"},"new":["(3) Regulation (EC) No 460/2004 of the","European Parliament and of the Council of","10 March 2004 establishing the European","Network and Information Security Agency","(hereinafter \u201cENISA Regulation\u201d)","established the European Network and","Information Security Agency (ENISA) in","2004 for a period of five years, with the","goal of ensuring a high and effective level","of network and information security within","the Community, in order to develop a","culture of network and information security","for the benefit of the citizens, consumers,","enterprises and public sector organisations","of the European Union, thus contributing to","the smooth functioning of the internal","market.Therefore any modification on the","goals, structure and organisation of","ENISA will be subject on the future","revision of ENISA Regulation."],"old":["(3) Regulation (EC) No 460/2004 of the","European Parliament and of the Council of","10 March 2004 establishing the European","Network and Information Security Agency","(hereinafter \u201cENISA Regulation\u201d)","established the European Network and","Information Security Agency (ENISA) in","2004 for a period of five years, with the","goal of ensuring a high and effective level","of network and information security within","the Community, in order to develop a","culture of network and information security","for the benefit of the citizens, consumers,","enterprises and public sector organisations","of the European Union, thus contributing to","the smooth functioning of the internal","market."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00e1n Hudack\u00fd","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-54","justification":" This amendment is intended to stress that Review of EU telecom Framework should first seek\n to foster the goals via making material provision up-to-date, organizational arrangements\n being rather secondary in importance It is necessary to address pressing issues on making\n regulation compatible with and friendly for incentives to invest in the next generation\n networks, to support broadband accessibility in less populated areas.","location":[[" Proposal for a regulation","Recital 7 a (new)"]],"meps":[28180],"meta":{"created":"2020-01-20T00:18:45"},"new":["(7a) The Network of National Regulatory","Authorities for Electronic","Communications Markets should pay","special attention to ensuring that","consumers will continue to be able to fully","use benefits of the information society,","innovation and next generation networks,","stimulating investment and prioritising","infrastructure competition, and promotion","of better access to the information society","especially in rural areas with mobile","broadband."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00e1n Hudack\u00fd","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-55","location":[[" Proposal for a regulation","Recital 10"]],"meps":[28180],"meta":{"created":"2020-01-20T00:18:45"},"new":["deleted"],"old":["(10) The Commission Communication to","the European Parliament and Council of","1 June 2007 \"On the evaluation of the","European Network and Information","Security Agency (ENISA)\"26 presented","an appraisal of an external expert","report27 evaluating the performance of","","the Agency since its establishment and the","recommendations of the ENISA","Management Board regarding the ENISA","Regulation and launched a public","consultation. The key findings of that","expert report confirmed the validity of the","policy behind the creation of ENISA and","its original goals, and in particular its","contribution to achieving a truly internal","market in electronic communications."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Katerina Batzeli","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-56","justification":" The objectives and tasks of the Authority proposed by the Commission are distinguished from\n the key functions of ENISA. The need for the continuation of ENISA is conformed in the recent\n 2007 evaluation and therefore the establishment of the new Authority or any other European\n Network is without prejudice to the continuation of ENISA.","location":[["Proposal for a regulation","Recital 10"]],"meps":[28579],"meta":{"created":"2020-01-20T00:18:46"},"new":["(10) The Commission Communication to","the European Parliament and Council of 1","June 2007 \"On the evaluation of the","European Network and Information","Security Agency (ENISA)\" presented an","appraisal of an external expert report","evaluating the performance of the Agency","since its establishment and the","recommendations of the ENISA","Management Board regarding the ENISA","Regulation and launched a public","consultation. The key findings of that","expert report confirmed the validity of the","policy behind the creation of ENISA and","its original goals, and in particular its","contribution to achieving a truly internal","market in electronic communications.","Based on this evaluation the continuation","of the ENISA is justified and necessary as","an autonomous agency with specified","objectives and tasks. ENISA falls","therefore outside the scope of the new","Authority or European Network of","National Regulatory Authorities, acting in","a complementary or parallel basis."],"old":["(10) The Commission Communication to","the European Parliament and Council of 1","June 2007 \"On the evaluation of the","European Network and Information","Security Agency (ENISA)\" presented an","appraisal of an external expert report","evaluating the performance of the Agency","since its establishment and the","recommendations of the ENISA","Management Board regarding the ENISA","Regulation and launched a public","consultation. The key findings of that","expert report confirmed the validity of the","policy behind the creation of ENISA and","its original goals, and in particular its","contribution to achieving a truly internal","market in electronic communications.","",""],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00e1n Hudack\u00fd","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-57","justification":" Merger of ENISA with the Network, proposed by the Commission, has not been justified well\n enough to be accepted at the present time: both telecom regulatory network and ENISA have\n different objectives. Besides, in several member states, national telecom regulators do not\n\nnecessarily have the power which fall under ENISA scope of activities. If merged, it is\nplausible that detrimental effect to functioning of both ENISA and the Network will occur.","location":[[" Proposal for a regulation","Recital 11"]],"meps":[28180],"meta":{"created":"2020-01-20T00:18:46"},"new":["deleted"],"old":["(11) At the same time, a number of","problems were identified, including in","particular issues relating to its","organisational structure, the skills mix","and the size of its operational staff, and","logistical difficulties. The key functions of","ENISA should evolve so as to form a core","component of the Authority, which on the","basis of a clearer identification of","objectives and tasks, should ensure that","those objectives and tasks can be fulfilled","in a more efficient, focused and cost","effective manner, consistent with the","principles of better regulation, by a single","authority with competence over matters","falling within the EU regulatory","framework for electronic communications","networks and services"],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Antol\u00edn S\u00e1nchez Presedo","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-58","location":[["Proposal for a regulation","Recital 11"]],"meps":[28295],"meta":{"created":"2020-01-20T00:18:47"},"new":["deleted"],"old":["(11) At the same time, a number of","problems were identified, including in","particular issues relating to its","organisational structure, the skills mix","and the size of its operational staff, and","logistical difficulties. The key functions of","ENISA should evolve so as to form a core","component of the Authority, which on the","basis of a clearer identification of","objectives and tasks, should ensure that","those objectives and tasks can be fulfilled","in a more efficient, focused and cost","effective manner, consistent with the","principles of better regulation, by a single","authority with competence over matters","falling within the EU regulatory","framework for electronic communications","networks and services."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-59","justification":" The Authority should not have security powers which are already dealt with effectively by the\n European Network and Information Security Agency (ENISA).","location":[["Proposal for a regulation","Recital 11"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:47"},"new":["deleted"],"old":["(11) At the same time, a number of","problems were identified, including in","particular issues relating to its","organisational structure, the skills mix","and the size of its operational staff, and","","logistical difficulties. The key functions of","ENISA should evolve so as to form a core","component of the Authority, which on the","basis of a clearer identification of","objectives and tasks, should ensure that","those objectives and tasks can be fulfilled","in a more efficient, focused and cost","effective manner, consistent with the","principles of better regulation, by a single","authority with competence over matters","falling within the EU regulatory","framework for electronic communications","networks and services."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Katerina Batzeli","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-60","location":[[" Proposal for a regulation","Recital 11"]],"meps":[28579],"meta":{"created":"2020-01-20T00:18:47"},"new":["(11) The modification on key functions","and objectives of ENISA requires the","review of ENISA's regulation and falls","outside the scope of the current","Regulation."],"old":["(11) At the same time, a number of","problems were identified, including in","particular issues relating to its","organisational structure, the skills mix","and the size of its operational staff, and","logistical difficulties. The key functions of","ENISA should evolve so as to form a core","component of the Authority, which on the","basis of a clearer identification of","objectives and tasks, should ensure that","those objectives and tasks can be fulfilled","in a more efficient, focused and cost","effective manner, consistent with the","principles of better regulation, by a single","authority with competence over matters","falling within the EU regulatory","","","framework for electronic communications","networks and services."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-61","justification":"The Authority should not have security powers which are already dealt with effectively by the\nEuropean Network and Information Security Agency (ENISA).","location":[["Proposal for a regulation","Article 1 \u2013 paragraph 2"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:48"},"new":["2. The Authority shall act within the scope","of the Framework Directive and the","Specific Directives and draw upon","expertise available in the national","regulatory authorities. It shall contribute to","the better functioning of the internal","market for electronic communications","networks and services, including in","particular the development of cross-","Community electronic communications,","through the tasks listed in Chapters II and","III."],"old":["2. The Authority shall act within the scope","of the Framework Directive and the","Specific Directives and draw upon","expertise available in the national","regulatory authorities. It shall contribute to","the better functioning of the internal","market for electronic communications","networks and services, including in","particular the development of cross-","Community electronic communications","and a high and effective level of network","and information security, through the","tasks listed in Chapters II and III."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-62","justification":" The explanatory memorandum of the Commission proposal defines the Authority to be\n established as \"accountable to the European Parliament\". A closer link between the latter and\n the Authority must therefore be ensured.","location":[["Proposal for a regulation","Article 3 \u2013 point a"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:48"},"new":["(a) issue opinions at the request of the","Commission or of the European","Parliament or on its own initiative and","assist the Commission and the European","Parliament by providing them with","additional technical support in all matters","regarding electronic communications;"],"old":["(a) issue opinions at the request of the","Commission or on its own initiative and","","assist the Commission by providing it with","additional technical support in all matters","regarding electronic communications;"],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-63","justification":" The Authority should not have security powers which are already dealt with effectively by the\n European Network and Information Security Agency (ENISA).","location":[[" Proposal for a regulation","Article 3 \u2013 point e"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:49"},"new":["deleted"],"old":["(e) provide advice and assistance to the","Commission or any competent body","appointed by a Member State with regard","to any network and information security","issue falling within the Authority's remit;"],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-64","justification":"The European Radio communications Office (ERO) already has satisfactory arrangements in\nplace.","location":[["Proposal for a regulation","Article 3 \u2013 point f"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:49"},"new":["deleted"],"old":["(f) take individual decisions in relation to","the issuance of rights-of-use for numbers","from the European Telephone Numbering","Space (ETNS);"],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-65","justification":"Rights of use of radio frequencies and numbers are already effectively managed by the Radio\nSpectrum Policy Group (RSPG), the Radio Spectrum Committee (RSC) and the\nCommunications Committee (CoCom).","location":[["Proposal for a regulation","Article 3 \u2013 point g"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:50"},"new":["deleted"],"old":["(g) assist the Commission in the selection","of undertakings to be granted rights of","use of radio frequencies and numbers;"],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-66","justification":" Spectrum issues are already dealt with effectively by the Radio Spectrum Policy Group\n (RSPG).","location":[[" Proposal for a regulation","Article 3 \u2013 point h"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:51"},"new":["deleted"],"old":["(h) collect and redistribute usage fees for","rights-of-use of radio frequencies and","numbers;"],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-67","justification":" Under the current EU General Framework, a GTS provider must comply with each NRA\u2019s\n individual authorisation requirements in order to be able to provide a pan-European service.\n There are considerable variations in these national arrangements and the compliance\n obligations that arise under national authorisation regimes also vary significantly.","location":[[" Proposal for a regulation","Article 3 \u2013 point i a (new)"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:51"},"new":["(ia) develop common positions on pan-","European issues such as global","telecommunications services in order to","increase regulatory consistency and","promote a pan-European market and pan-","European rules."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Bilyana Ilieva Raeva","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-68","justification":"Under the current EU General Telecommunications Framework, a provider of GTS must\ncomply with each national regulator\u2019s individual authorisation requirements in order to\nprovide its pan-European services within each Member State. Such requirements vary among\nthe MS substantially. Some MS require notification and indication of the type of services to be\nprovided. A common approach to GTS would eliminate such regulatory hurdles, promote\nconsistency and contribute to the development of GTS for the benefit of business customers\nwhich will benefit from wider choices and lower prices","location":[["Proposal for a regulation","Article 3 \u2013 point i a (new)"]],"meps":[38600],"meta":{"created":"2020-01-20T00:18:51"},"new":["(ia) Develop a common regulatory","approach to pan-European services, such","as global telecommunications services, in","order to ensure regulatory consistency","among national rules;"],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-69","justification":" The explanatory memorandum of the Commission proposal defines the Authority to be\n established as \"accountable to the European Parliament\". A closer link between the latter and\n the Authority must therefore be ensured. Requests for opinions from the Commission should\n be measured and accountable.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:52"},"new":["1. At the request of the European","Parliament or of the Commission, the","Authority shall deliver opinions on matters","in paragraph 3 regarding electronic","communications. The Commission may","request an opinion on other matters","regarding electronic communications","provided that the request is reasoned and","proportionate and that notice and an","opportunity for scrutiny are given to the","European Parliament and to the Council","at the same time as the request is made."],"old":["1. At the request of the Commission, the","Authority shall deliver opinions on all","matters regarding electronic","communications.","",""],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-70","justification":" Regulatory convergence is imperative. Recommendations are not open to Parliamentary\n scrutiny and the explanatory memorandum of the Commission proposal defines the Authority\n to be established as \"accountable to the European Parliament\". Parliamentary scrutiny must\n therefore be ensured.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 2"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:52"},"new":["2. The Authority shall promote regulatory","convergence and contribute to the","harmonised application of the provisions of","the Framework Directive and the Specific","Directives by assisting the Commission in","the preparation of decisions to be adopted","by the Commission in accordance with","Article 19 of Directive 2002/21/EC","(Framework Directive)."],"old":["2. The Authority shall in particular","contribute to the harmonised application of","the provisions of the Framework Directive","and the Specific Directives by assisting the","Commission in the preparation of","recommendations or decisions to be","adopted by the Commission in accordance","with Article 19 of Directive 2002/21/EC","(Framework Directive)."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-71","justification":"Security issues are already dealt with effectively by the European Network and Information\nSecurity Agency (ENISA).","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point b"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:52"},"new":["deleted"],"old":["(b) the security and integrity of public","electronic communications networks and","services, including issues linked to","breaches of security and/or integrity, in","accordance with Article 13a of Directive","2002/21/EC (Framework Directive) and","Article 4 of Directive 2002/58/EC","(Directive on privacy and electronic","communications);"],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-72","justification":"Market reviews can be conducted most effectively by national regulatory authorities so\ncooperation is desirable.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point e"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:53"},"new":["(e) in cooperation with relevant national","regulatory authorities, analyses of specific","national markets in accordance with Article","16 of Directive 2002/21/EC (Framework","Directive);"],"old":["(e) analyses of specific national markets in","accordance with Article 16 of Directive","2002/21/EC (Framework Directive);"],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-73","justification":" The competence should remain with the Member States.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point i"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:53"},"new":["deleted"],"old":["(i) numbering issues, in accordance with","Article 10 of Directive 2002/21/EC","(Framework Directive) and access to","numbers and services in the Community,","in accordance with Article 28 of Directive","2002/22/EC (Universal Service Directive);"],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-74","justification":" Spectrum issues are already dealt with effectively by the Radio Spectrum Policy Group\n (RSPG).","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point o"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:53"},"new":["deleted"],"old":["(o) measures on radio frequencies issues","in accordance with Articles 4 and 6 of","Decision 676/2002/EC (the Radio","Spectrum Decision);"],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-75","justification":"Spectrum issues are already dealt with effectively by the Radio Spectrum Policy Group\n(RSPG)..","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point p"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:54"},"new":["deleted"],"old":["(p) in accordance with Articles 6a and 6b","of Directive 2002/20/EC (Authorisation","Directive):","(i) harmonised conditions relating to","rights of use of radio frequencies or","numbers;","(ii) amendment or withdrawal of rights of","use issued on a coordinated or","harmonised basis;","(iii) the selection of undertakings to which","individual rights of use for frequencies or","numbers could be granted for services","with cross border potential."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Bilyana Ilieva Raeva","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-76","justification":" In the Verizon/MCI merger control decision the EC defined the Global Telecommunications\n Services market as a highly competitive, cross border market characterised by a large\n number of suppliers, low barriers to entry, dynamic entry at all levels, strong customer\n countervailing buying power and strong investment in innovation. The GTS market is also a\n bidding market where each contract is negotiated following a competitive tendering process\n between the GTS provider and the customer. The negotiated service contracts relate to the\n provision of multi-country solutions.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point p \u2013 subpoint iii a (new)"]],"meps":[38600],"meta":{"created":"2020-01-20T00:18:54"},"new":["(iiia) harmonised conditions for","authorisations for pan-European services,","such as global telecommunications","services;"],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-77","justification":" Under the current EU General Framework, a GTS provider must comply with each NRA\u2019s\n individual authorisation requirements in order to be able to provide a pan-European service.\n There are considerable variations in these national arrangements and the compliance\n obligations that arise under national authorisation regimes also vary significantly.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point p a (new)"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:54"},"new":["(pa) measures to ensure the development","of common pan-European rules and","requirements for global","telecommunications services providers."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-78","justification":"The explanatory memorandum of the Commission proposal defines the Authority to be\nestablished as \"accountable to the European Parliament\". A closer link between the latter and\nthe Authority must therefore be ensured.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 4 a (new)"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:54"},"new":["4a. All opinions of the Authority shall be","provided to the European Parliament and","the Authority shall inform the European","Parliament, within the regulatory","procedure with scrutiny, of its final","proposals."],"old":[""],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-79","justification":" Market reviews can be conducted most effectively with the direct engagement of the national\n regulatory authorities. The Authority should oversee the review and be responsible for its\n recommendations.","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:55"},"new":["1. If the Authority receives a request from","the Commission pursuant to Article 16(7)","of Directive 2002/21/EC (Framework","Directive) to analyse a specific relevant","market within a Member State, it shall","conduct a market review in co-operation","with the relevant national regulatory","authority. They shall deliver a joint","opinion, ultimately overseen by the","Authority, and provide the Commission","with the necessary information, including","the results of the public consultation and","the analysis of the market. If the Authority","and the national regulatory authority find","that competition on that market is not","effective, their opinion shall, following a","public consultation, include a draft","measure specifying the undertaking(s) it","considers should be designated as having","significant market power on that market","and the appropriate obligations to be","imposed."],"old":["1. If the Authority receives a request from","the Commission pursuant to Article 16(7)","of Directive 2002/21/EC (Framework","Directive) to analyse a specific relevant","market within a Member State, it shall","deliver an opinion and provide the","Commission with the necessary","information, including the results of the","public consultation and the analysis of the","market. If the Authority finds that","competition on that market is not effective,","its opinion shall, following a public","consultation, include a draft measure","specifying the undertaking(s) it considers","should be designated as having significant","market power on that market and the","appropriate obligations to be imposed."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-80","justification":" Market reviews can be conducted most effectively with the direct engagement of the national\n regulatory authorities. The Authority should oversee the review and be responsible for its\n recommendations.","location":[[" Proposal for a regulation","Article 6 \u2013 paragraph 3"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:55"},"new":["3. The Authority and the national","regulatory authority shall provide the","Commission upon request with all the","information available to carry out the tasks","referred in paragraph 1."],"old":["3. The Authority shall provide the","Commission upon request with all the","information available to carry out the tasks","referred in paragraph 1."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-81","justification":"The European Radio communications Office (ERO) already has satisfactory arrangements in\nplace.","location":[[" Proposal for a regulation","Article 8 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:55"},"new":["deleted"],"old":["1. The Authority shall be able to take","decisions in relation to the issuance of","rights of use for numbers from the","European Telephone Numbering Space","(ETNS) in accordance with Article 10 of","Directive 2002/21/EC (Framework","Directive). It shall also be responsible for","the administration and development of the","","European Telephone Numbering Space","(ETNS) on behalf of the Member States to","which the prefix 3883 has been awarded."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-82","justification":"The European Radio communications Office (ERO) already has satisfactory arrangements in\nplace.","location":[["Proposal for a regulation","Article 8 \u2013 paragraph 2"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:56"},"new":["deleted"],"old":["2. The Authority shall undertake tasks","associated with the administration and","management of harmonised numbering","ranges in accordance with Article 10(4) of","Directive 2002/21/EC (Framework","Directive)."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00e1n Hudack\u00fd","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-83","justification":" Competences of the Network would have to be compatible existing bodies involved in matters\n of frequency policy, these being RSC and RSPG with regard to frequencies, and CoCom with\n regard to many other telecom matters including technical and economic aspects.","location":[["Proposal for a regulation","Article 10 \u2013 paragraph 1"]],"meps":[28180],"meta":{"created":"2020-01-20T00:18:57"},"new":["1. Upon request, the Network shall provide","advice to the Commission and cooperate","closely with the Communications","Committee, Radio Spectrum Policy Group","(hereinafter \u201cRSPG\u201d) and/or the Radio","Spectrum Committee (hereinafter","\u201cRSC\u201d), as appropriate, in relation to","matters within its competence, in","particular those which affect or are","affected by the use of radio frequencies for","electronic communications in the","Community. The Network shall work in","close cooperation with the RSPG and the","RSC as appropriate."],"old":["1. Upon request, the Authority shall","provide advice to the Commission and","","conduct studies and reviews, in particular","on technical and economic aspects,","regarding the use of radio frequencies for","electronic communications in the","Community."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-84","justification":" The obligation to produce an annual report is too overbearing and burdensome. Reports\n should be produced as and when the Authority deems fit or when requested as provided for.\n The Radio Spectrum Policy Group (RSPG) may be better placed to fulfil this competence.","location":[[" Proposal for a regulation","Article 10 \u2013 paragraph 4"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:57"},"new":["4. The Authority shall, in conjunction with","the Radio Spectrum Policy Group","(RSPG), maintain a record of prospective","frequencies developments in the electronic","communications sector. From time to time","as appropriate, or at the request of the","Commission, the Authority shall provide a","report on potential needs and challenges."],"old":["4. The Authority shall publish an annual","report on prospective frequencies","developments in the electronic","communications sector and policies in","which it shall identify the potential needs","and challenges."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-85","justification":"The competence should remain with the Member States.","location":[["Proposal for a regulation","Article 11 \u2013 paragraph 2"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:57"},"new":["deleted"],"old":["2. Where an opinion of the Authority","pursuant to paragraph 1 relates to the","implementation of a common selection","procedure for rights of use falling within","the scope of Article 6b of Directive","2002/20/EC (Authorisation Directive),","that opinion shall in particular:","(a) identify the electronic communications","services whose provision on a cross-","border basis within the Community would","benefit from the use of frequencies or","numbers the rights to which are granted","by means of a single procedure and under","a single set of conditions;","(b) identify the numbers or numbering","ranges that could be used for such","services;","(c) assess the level of actual or potential","demand within the Community for such","services, and","(d) specify any limitation it considers","appropriate on the number of rights of","use to be offered under the common","selection procedure and the procedures to","be followed for the selection of the","undertakings to whom those rights are to","be granted, taking due account where","applicable of the principles set out in","Article 7 of Directive 2002/20/EC","(Authorisation Directive)."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-86","justification":" Rights of use of radio frequencies and numbers are already effectively managed by the Radio\n Spectrum Policy Group (RSPG), the Radio Spectrum Committee (RSC) and the\n Communications Committee (CoCom).","location":[[" Proposal for a regulation","Article 12"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:58"},"new":["Article 12 deleted"],"old":["Proposal for the selection of undertakings","The Authority shall, in accordance with","Article 6 b of Directive 2002/20/EC","(Authorisation Directive):","(a) receive and process applications from","undertakings for rights-of-use of radio","frequencies and numbers and collect the","administrative charges and fees imposed","on undertakings pursuant to a common","selection procedure;","(b) carry out the common selection","procedure and propose the undertaking(s)","to which individual rights of use may be","granted in accordance with those","provisions;","(c) deliver a report to the Commission","detailing the applications received,","describing its assessment of those","applications, proposing the","undertaking(s) most eligible to be granted","individual rights of use and justifying this","selection by reference to the selection","criteria set out in the relevant","implementing measure."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-87","justification":"The Authority should play a co-ordinating role on spectrum management working with both\nthe Commission and the Radio Spectrum Policy Group (RSPG).","location":[["Proposal for a regulation","Article 13 \u2013 first paragraph"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:58"},"new":["The Authority shall, at the request of the","Commission or the RSPG, deliver an","opinion to the Commission and the RSPG","on the withdrawal of rights of use issued","under the common procedures provided for","Article 6b of Directive 2002/20/EC","(Authorisation Directive)."],"old":["The Authority shall, at the request of the","Commission, deliver an opinion to the","Commission on the withdrawal of rights of","use issued under the common procedures","provided for Article 6b of Directive","2002/20/EC (Authorisation Directive)."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00e1n Hudack\u00fd","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-88","location":[["Proposal for a regulation","Article 14"]],"meps":[28180],"meta":{"created":"2020-01-20T00:18:59"},"new":["Article 14 deleted"],"old":["Network and information security","In addition to the tasks referred to in","Article 4(3)(b) and Article 19(4) and (5),","the Authority shall contribute to the","development of a culture of network and","information security, in particular by:","(a) facilitating cooperation between the","Commission and the Member States in the","development of common methodologies to","prevent, address and respond to network","and information security issues;","(b) advising the Commission on research","","in the area of network and information","security as well as on the effective use of","risk prevention technologies and","promoting risk assessment activities,","interoperable risk management solutions","and studies on prevention management","solutions within public and private sector","organisations and","(c) contributing to Community efforts to","cooperate with third countries and, where","appropriate, with international","organisations to promote a common","global approach to network and","information security issues."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"88","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-89","justification":"While it is desirable to have input from the Authority, security matters are already dealt with\neffectively by ENISA and the competence should remain with them.","location":[[" Proposal for a regulation","Article 14"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:59"},"new":["The Authority shall, where appropriate,","liaise with the European Network and","Information Security Agency (ENISA). At","the request of the Commission and","ENISA, the Authority shall deliver an","opinion to the Commission and ENISA on","security issues."],"old":["In addition to the tasks referred to in","Article 4(3)(b) and Article 19(4) and (5),","the Authority shall contribute to the","development of a culture of network and","information security, in particular by:","(a) facilitating cooperation between the","Commission and the Member States in the","development of common methodologies to","prevent, address and respond to network","and information security issues;","(b) advising the Commission on research","in the area of network and information","security as well as on the effective use of","risk prevention technologies and","promoting risk assessment activities,","interoperable risk management solutions","and studies on prevention management","solutions within public and private sector","","organisations and","(c) contributing to Community efforts to","cooperate with third countries and, where","appropriate, with international","organisations to promote a common","global approach to network and","information security issues."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-90","justification":"The explanatory memorandum of the Commission proposal defines the Authority to be\nestablished as \"accountable to the European Parliament\". A closer link between the latter and\nthe Authority must therefore be ensured. Other amendments delete Article 12 because rights\nof use of radio frequencies and numbers are already effectively managed by the Radio\nSpectrum Policy Group (RSPG), the Radio Spectrum Committee (RSC) and the\nCommunications Committee (CoCom).","location":[["Proposal for a regulation","Article 15"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:59"},"new":["The Authority may, on its own initiative,","deliver an opinion to the European","Parliament and the Commission, in","particular on the matters referred to in","articles 4(2), 7(1), 8 (3), 10(1), 14, 21 and","22 and also any other matters that it","deems relevant."],"old":["The Authority may, on its own initiative,","deliver an opinion to the Commission on","the matters referred to in articles 4(2), 7(1),","8 (3), 10(1), 12, 14, 21 and 22."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-91","justification":"The competence should be left with the Member States.","location":[[" Proposal for a regulation","Article 16"]],"meps":[33570],"meta":{"created":"2020-01-20T00:18:59"},"new":["Article 16 deleted","services provided by the Authority"],"old":["Collection of administrative charges for","","1. The Commission shall set the","administrative charges imposed on","undertakings for services provided by the","Authority in accordance with the","procedure referred in Article 54(2) and on","the basis of an opinion of the Authority.","The Authority shall collect these","administrative charges.","2. The administrative charges shall be","imposed upon the individual undertakings","in an objective, transparent and","proportionate manner which minimises","additional administrative costs and","attendant charges.","3. The administrative charges referred to","in paragraph 1 may cover:","(a) the administrative costs incurred by","the Authority in the management of the","selection procedure in accordance with","Article 12;","(b) the processing of appeals in","accordance with Article 34;","(c) the administrative costs incurred by","the Authority in the administration of the","European Telephone Numbering Space in","accordance with Article 8. All charges","shall be expressed and be payable in","Euro.","4. The amount of the administrative","charges shall be fixed at such a level as to","ensure that the revenue from these","charges is in principle sufficient to cover","the full cost of the services delivered.","","","5. The Authority shall publish a yearly","overview of its administrative costs and","charges. In the light of any difference","between the total sum of the charges and","the total administrative costs, it shall","deliver an opinion to the Commission","indicating appropriate adjustments to be","made to charges."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"91","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-92","justification":" Spectrum issues are already dealt with effectively by the Radio Spectrum Policy Group\n (RSPG).","location":[["Proposal for a regulation","Article 17"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:00"},"new":["Article17 deleted"],"old":["Collection and redistribution of usage fees","for rights of use of radio frequencies and","numbers and of administrative charges","under a common selection procedure","1. Where usage fees for rights of use of","radio frequencies or numbers issued","under a common selection procedure are","imposed on undertakings in accordance","with Article 6b of Directive 2002/20/EC","(Authorisation Directive), the Authority","shall be responsible for collecting and","redistributing such usage fees.","Usage fees shall be redistributed, upon","their receipt by the Authority, among the","relevant Member States and the Authority","in accordance with the time-limit and the","ratio to be set by the Commission","pursuant to Article 6b of Directive","2002/20/EC (Authorisation Directive).","","","If the time-limit and the ratio are not set","up by the Commission, usage fees shall be","redistributed on the basis of the","population of each Member State required","to issue rights-of-use in the last completed","year prior to the launch of the selection","procedure.","2. The Authority shall be responsible for","collecting and redistributing the","administrative charges imposed following","a common selection procedure for rights","of use for frequencies or numbers on the","selected undertakings to cover the","administrative costs of national regulatory","authorities in monitoring compliance with","the common conditions.","These administrative charges referred to","in the first subparagraph shall be","redistributed upon their receipt by the","Authority to the relevant national","regulatory authorities in accordance with","the values provided by the national","regulatory authorities."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"92","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-93","justification":"The explanatory memorandum of the Commission proposal defines the Authority to be\nestablished as \"accountable to the European Parliament\". A closer link between the latter and\nthe Authority must therefore be ensured. The Authority should not have security powers which\nare already dealt with effectively by the European Network and Information Security Agency\n(ENISA).","location":[[" Proposal for a regulation","Article 19 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:00"},"new":["1. The Authority shall, taking account of","the Community's electronic","communications policy, promote the","exchange of information both between the","Member States, the European Parliament","and between the Member States, national","regulatory authorities and the Commission","on the situation and development of","regulatory activities regarding electronic","communications networks and services."],"old":["1. The Authority shall, taking account of","the Community's electronic","communications policy, promote the","exchange of information both between the","Member States, and between the Member","States, national regulatory authorities and","","the Commission on the situation and","development of regulatory activities","regarding electronic communications","networks and services, including network","and information security."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"93","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-94","justification":"Regulatory convergence is imperative, together with a mechanism for its enforcement should\nthat be necessary.","location":[["Proposal for a regulation","Article 19 \u2013 paragraph 2 \u2013 point c a (new)"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:01"},"new":["(ca) providing a report on the differences","in regulatory practices and proposals for","achieving convergence between those","practices. Where the Authority considers","that binding rules on regulatory practice","are required it shall make appropriate","recommendations to the Commission,","including for their enforcement. The","Authority may be given powers of","enforcement."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"94","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-95","justification":" Security matters are already dealt with effectively by the European Network and Information\n Security Agency (ENISA).","location":[[" Proposal for a regulation","Article 19 \u2013 paragraph 4"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:01"},"new":["deleted"],"old":["4. The Authority shall collect appropriate","information, in particular in accordance","with Article 13a of Directive 2002/21/EC","(Framework Directive), to analyse current","and emerging risks. It shall in particular,","analyse at European level, those risks","which could produce an impact on the","resilience and the availability of electronic","communications networks and on the","authenticity, integrity and confidentiality","of the information accessed and","transmitted through them, and provide the","results of the analysis to the Member","States and the Commission."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"95","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-96","justification":"Security matters are already dealt with effectively by the European Network and Information\nSecurity Agency (ENISA).","location":[[" Proposal for a regulation","Article 19 \u2013 paragraph 5"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:02"},"new":["deleted"],"old":["5. The Authority shall contribute to","awareness raising and the availability of","timely, objective and comprehensive","information, including on network and","information security issues, for all users","by, inter alia, promoting exchanges of","current best practices, including on","methods of alerting users, and seeking","","synergy between public and private sector","initiatives."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"96","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-97","justification":"Intervention in mobile and data roaming was only intended as a market correcting measure\nand was not meant to be permanent. Ongoing monitoring is within the power of the\nCommission, and could be requested but should not be written into regulation.","location":[["Proposal for a regulation","Article 20 \u2013 paragraph 2"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:02"},"new":["deleted"],"old":["2. The Authority shall be responsible for","the management and publication of a","database on pricing of voice and data","services for mobile customers when","roaming within the Community including","where appropriate, the specific costs","related to roaming calls made and","received in the outermost regions of the","Community. It shall monitor","developments in such prices and publish","an annual report."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"97","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-98","justification":" The explanatory memorandum of the Commission proposal defines the Authority to be\n established as \"accountable to the European Parliament\". A closer link between the latter and\n the Authority must therefore be ensured.","location":[[" Proposal for a regulation","Article 23"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:02"},"new":["The Authority may take on specific","additional tasks at the request of the","Commission or of the European","Parliament in all matters concerning","electronic communications."],"old":["The Authority may take on specific","additional tasks at the request of the","Commission."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"98","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-99","justification":"The Administrative Board may jeopardise the independence of the regulators, is an\nunnecessary layer of bureaucracy and should be removed. The Authority should not have\npower over security and this makes the Chief Network Security Officer redundant. The\nAuthority should not have power over right of use numbers and this makes the Board of\nAppeal redundant.","location":[[" Proposal for a regulation","Article 24"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:03"},"new":["The Authority shall comprise:","(b) a Board of Regulators","(c) a Director","(e) a Permanent Stakeholders\u2019 Group"],"old":["The Authority shall comprise:","(a) an Administrative Board","(b) a Board of Regulators","(c) a Director","(d) a Chief Network Security Officer","(e) a Permanent Stakeholders\u2019 Group","(f) a Board of Appeal."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"99","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-100","justification":" The Administrative Board may jeopardise the independence of the regulators, is an\n unnecessary layer of bureaucracy and should be removed.","location":[["Proposal for a regulation","Article 25"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:03"},"new":["Article 25 deleted","Administrative Board"],"old":["1. The Administrative Board shall be","composed of twelve members. Six shall be","appointed by the Commission and six by","the Council. The members of the","Administrative Board shall be appointed","in such a way as to secure the highest","standards of competence and","independence, and a broad range of","relevant expertise. The term of office shall","be five years, renewable once.","2. The Administrative Board shall appoint","its Chairperson and its Vice-Chairperson","from among its members. The Vice-","Chairperson shall automatically replace","the Chairperson if the latter is not in a","position to perform his/her duties. The","terms of office of the Chairperson and of","the Vice-Chairperson shall be two and a","half years and shall be renewable. In any","event, however, the term of office of the","Chairperson and that of the Vice-","Chairperson shall expire the moment they","cease to be members of the Administrative","Board.","3. Meetings of the Administrative Board","shall be convened by its Chairperson. The","Director of the Authority shall participate","","in the deliberations unless the","Administrative Board decides otherwise.","The Administrative Board shall meet at","least twice a year in ordinary session. It","shall also meet at the initiative of its","Chairperson, at the request of the","Commission or at the request of at least a","third of its members. The Administrative","Board may invite any person with","potentially relevant opinions to attend its","meetings in the capacity of an observer.","The members of the Administrative Board","may, subject to the rules of procedure, be","assisted by advisers or by experts. The","Administrative Board's secretarial","services shall be provided by the","Authority.","4. Decisions of the Administrative Board","shall be adopted on the basis of a two-","thirds majority of the members present.","5. Each member shall have one vote. The","rules of procedure shall set out in greater","detail the arrangements governing voting,","especially the conditions whereby one","member can act on behalf of another and","also, where appropriate, the rules","governing quorums."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"100","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00e1n Hudack\u00fd","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-101","justification":"To preserve the balance of power the Network should not issue binding decisions, as\ncurrently Commission guards the consistency of national measures with the Framework. The\nNetwork should not \u201cadopt decision in all cases falling within the remit of national regulatory\nauthorities\u201d for the sake of subsidiarity, proportionality and balance of powers. Tasks of the\nNetwork should be limited to the promotion of single market.","location":[[" Proposal for a regulation","Article 25 \u2013 paragraph 3"]],"meps":[28180],"meta":{"created":"2020-01-20T00:19:03"},"new":["3. Where the legal framework so provides","or the Network chooses to act on its own","initiative, the Network of National","Regulatory Authorities may, in","collaboration with the Commission, adopt","common positions and opinions on","consultations and decisions by national","regulatory authorities which affect, or","may affect trade between Member States.","Specifically, the Network shall serve, by","means of common positions consistent","with the requirements of Community law","and with the legal framework in","particular, to promote uniform","enforcement of Community law within its","sphere of responsibility. It shall allow in","that connection for specific national","circumstances."],"old":["3. Meetings of the Administrative Board","shall be convened by its Chairperson. The","","Director of the Authority shall participate","in the deliberations unless the","Administrative Board decides otherwise.","The Administrative Board shall meet at","least twice a year in ordinary session. It","shall also meet at the initiative of its","Chairperson, at the request of the","Commission or at the request of at least a","third of its members. The Administrative","Board may invite any person with","potentially relevant opinions to attend its","meetings in the capacity of an observer.","The members of the Administrative Board","may, subject to the rules of procedure, be","assisted by advisers or by experts. The","Administrative Board\u2019s secretarial","services shall be provided by the","Authority."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"101","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-102","justification":"The Administrative Board may jeopardise the independence of the regulators, is an\nunnecessary layer of bureaucracy and should be removed. The Board of Regulators should be\nthe governing body of the Authority and be held accountable for the Authority's performance.","location":[["Proposal for a regulation","Article 26"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:03"},"new":["By agreement between the European","Parliament and the Council, and after","consultation with the Commission, the","Director shall be appointed in accordance","with Article 29 (2).","The Board of Regulators shall adopt the","annual report on the activities of the","Authority and shall transmit it to the","European Parliament, the Council, the","Commission, the European Economic and","Social Committee and the Court of","Auditors by 15 June at the latest. As","provided for in Article 28(4), this report","shall include a section concerning the","regulatory activities of the Authority","during the year considered. The European","Parliament may request a representative","of the Board of Regulators to address it","on relevant issues relating to its","regulatory activities.","."],"old":["1. The Administrative Board shall, after","having consulted the Board of Regulators,","appoint the Director in accordance with","Article 29(2).","2. The Administrative Board shall, after","consulting the Director, appoint a Chief","Network Security Officer in accordance","","with Article 31(2).","3. The Administrative Board shall appoint","the members of the Board of Regulators","in accordance with Article 27(1).","4. The Administrative Board shall appoint","the members of the Board of Appeal in","accordance with Article 33(1).","5. The Administrative Board shall adopt,","before 30 September each year, after","consulting the Commission and after the","approval of the Board of Regulators in","accordance with Article 28(3), the work","programme of the Authority for the","coming year and shall transmit it to the","European Parliament, the Council and","the Commission. The work programme","shall be adopted without prejudice to the","annual budgetary procedure.","6. The Administrative Board shall","exercise its budgetary powers in","accordance with Articles 36 to 38.","7. The Administrative Board shall decide,","after having obtained the agreement of","the Commission, whether to accept any","legacies, donations or grants from other","Community sources.","8. The Administrative Board shall","exercise disciplinary authority over the","Director and the Chief Network Security","Officer.","9. The Administrative Board shall, where","necessary, draw up the Authority's staff","policy pursuant to Article 49(2).","10. The Administrative Board shall adopt","the special provisions on right of access to","the documents of the Authority, in","accordance with Article 47.","11. The Administrative Board shall adopt","the annual report on the activities of the","Authority and shall transmit it to the","European Parliament, the Council, the","Commission, the European and Social","Committee and the Court of Auditors by 15","June at the latest. As provided for in","","Article 28(4), this report shall contain an","independent section approved by the","Board of Regulators concerning the","regulatory activities of the Authority","during the year considered.","12. The Administrative Board shall adopt","its rules of procedure.","13. The Administrative Board shall","deliver an opinion to the Commission on","the administrative charges which the","Authority may levy from undertakings in","carrying out its tasks as referred to in","Article 16."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"102","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-103","justification":"The Administrative Board may jeopardise the independence of the regulators, is an\nunnecessary layer of bureaucracy and should be removed. By ensuring that the Board of\n\n Regulators as the primary body of the Authority ensures that regulation is closely tied to\n national expertise.","location":[["Proposal for a regulation","Article 27 \u2013 paragraph -1 (new)"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:04"},"new":["-1. The Board of Regulators shall take on","the responsibilities of the Administrative","Board as laid down in this regulation,","unless otherwise stated."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"103","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-104","justification":" Independence from the Commission must be ensured.","location":[[" Proposal for a regulation","Article 27 \u2013 paragraph 6"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:04"},"new":["6. When carrying out the tasks conferred","upon it by this Regulation, the Board of","Regulators shall act independently and","shall not seek or take instructions from any","government of a Member State or from any","public or private interest, and shall remain","independent of the Commission."],"old":["6. When carrying out the tasks conferred","upon it by this Regulation, the Board of","Regulators shall act independently and","shall not seek or take instructions from any","government of a Member State or from any","public or private interest."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"104","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-105","justification":"The Administrative Board should be removed while the powers of the Council and Parliament\nshould be recognised.","location":[[" Proposal for a regulation","Article 29 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:05"},"new":["1. The Authority shall be managed by its","Director, who shall act independently in","the performance of his/her functions.","Without prejudice to the respective powers","of the European Parliament, the Council,","the Commission and the Board of","Regulators, the Director shall not seek or","accept any instruction from any","government or from any body."],"old":["1. The Authority shall be managed by its","Director, who shall act independently in","the performance of his/her functions.","Without prejudice to the respective powers","of the Commission, the Administrative","Board and the Board of Regulators, the","Director shall not seek or accept any","instruction from any government or from","any body."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"105","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-106","justification":"As the Commission has ultimate responsibility for telecoms policy and the advisory functions\nof the Authority need to be independent, it is necessary to ensure the Commission does not\nhave power of appointment.","location":[["Proposal for a regulation","Article 29 \u2013 paragraph 2"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:05"},"new":["2. By agreement between the European","Parliament and the Council, and after","consultation with the Commission and the","Board of Regulators, the Director shall be","appointed on the basis of merit, skills and","experience relevant for electronic","communications networks and services.","Candidates may be invited to make a","statement before the competent committee","of the European Parliament and answer","questions put by its members."],"old":["2. After consulting the Board of","Regulators, the Director shall be appointed","by the Administrative Board, on the basis","of merit, skills and experience relevant for","electronic communications networks and","services, from a list of at least two","candidates proposed by the Commission.","Before appointment, the candidate","selected by the Administrative Board may","be invited to make a statement before the","competent committee of the European","Parliament and answer questions put by its","members."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"106","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-107","justification":" As the Commission has ultimate responsibility for telecoms policy and the advisory functions\n of the Authority need to be independent, it is necessary to ensure the Commission does not\n have power of appointment.","location":[["Proposal for a regulation","Article 29 \u2013 paragraph 4"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:05"},"new":["4. After consulting the Board of","Regulators, the European Parliament and","the Council, acting on a proposal from the","Commission, may extend the term of office","of the Director once for not more than","three years, taking into account the","evaluation report and only in those cases","where it can be justified by the duties and","requirements of the Authority.","Within a month before the extension of","his/her term of office, the Director may be","invited to make a statement before the","competent committee of the Parliament and","answer questions put before its members.","If the term of office is not extended, the","Director shall remain in office until the","appointment of his/her successor."],"old":["4. After consulting the Board of","","Regulators, the Administrative Board,","acting on a proposal from the Commission,","may extend the term of office of the","Director once for not more than three","years, taking into account the evaluation","report and only in those cases where it can","be justified by the duties and requirements","of the Authority.","The Administrative Board shall inform","the European Parliament about its","intention to extend the Director's term of","office. Within a month before the extension","of his/her term of office, the Director may","be invited to make a statement before the","competent committee of the Parliament and","answer questions put before its members.","If the term of office is not extended, the","Director shall remain in office until the","appointment of his/her successor."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"107","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-108","justification":"The Administrative Board should be removed while the powers of the Council and Parliament\nshould be recognised.","location":[[" Proposal for a regulation","Article 29 \u2013 paragraph 5"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:06"},"new":["5. The Director may be removed from","office only upon a decision of the","European Parliament and of the Council,","after consulting the Commission and the","Board of Regulators."],"old":["5. The Director may be removed from","office only upon a decision by the","Administrative Board, after consulting the","Board of Regulators. The Administrative","Board shall reach this decision on the","basis of a majority of three quarters of its","members."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"108","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-109","justification":" Involvement of the Administrative Board and the Chief Network Security Officer should be\n removed.","location":[["Proposal for a regulation","Article 30"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:06"},"new":["1. The Director shall be responsible for","representing the Authority and shall be in","charge of its management.","2. The Director shall adopt the opinions,","recommendations and decisions referred to","in Articles 4 to 23, subject to the assent of","the Board of Regulators.","3. Each year the Director shall prepare a","draft work programme of the Authority for","the following year, and submit it to the","Board of Regulators and to the","Commission before 30 June of that year.","4. The Director shall be responsible for","implementing the annual work programme","of the Authority, under the guidance of the","Board of Regulators.","5. The Director shall take the necessary","measures, notably the adoption of internal","administrative instructions and the","publication of notices, to ensure the","functioning of the Authority in accordance","with this Regulation.","6. The Director shall make an estimate of","the revenue and expenditure of the","Authority pursuant to Article 37 and shall","implement the budget of the Authority","pursuant to Article 38.","7. Each year the Director shall prepare the","draft annual report on the activities of the","Authority with a section on the regulatory","activities of the Authority and a section on","financial and administrative matters.","8. With regard to the staff of the Authority,","the Director shall exercise the powers","provided for in Article 49(3)."],"old":["1. The Director shall be responsible for","representing the Authority and shall be in","charge of its management.","2. The Director shall prepare the work of","the Administrative Board. He/she shall","participate, without having the right to","vote, in the work of the Administrative","Board.","3. The Director shall adopt the opinions,","recommendations and decisions referred to","in Articles 4 to 23, subject to the assent of","the Board of Regulators.","4. Each year the Director shall prepare a","draft work programme of the Authority for","the following year, and submit it to the","Board of Regulators and to the","Commission before 30 June of that year.","He/she shall present the work programme","before 1 September for adoption by the","Administrative Board.","5. The Director shall be responsible for","implementing the annual work programme","of the Authority, under the guidance of the","Board of Regulators and of the Chief","Network Security Officer as appropriate,","and under the administrative control of","the Administrative Board.","6. The Director shall take the necessary","","measures, notably the adoption of internal","administrative instructions and the","publication of notices, to ensure the","functioning of the Authority in accordance","with this Regulation.","7. The Director shall make an estimate of","the revenue and expenditure of the","Authority pursuant to Article 37 and shall","implement the budget of the Authority","pursuant to Article 38.","8. Each year the Director shall prepare the","draft annual report on the activities of the","Authority with a section on the regulatory","activities of the Authority and a section on","financial and administrative matters.","9. With regard to the staff of the Authority,","the Director shall exercise the powers","provided for in Article 49(3)."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"109","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-110","justification":"Security matters are already dealt with effectively by the European Network and Information\nSecurity Agency (ENISA) and the position of Chief Network Security Officer should not exist.\nA Stakeholders Group of general applicability is desirable. However, it may need to take\nmeasures to ensure it does not jeopardise the independence of the NRAs.","location":[[" Proposal for a regulation","Article 32"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:06"},"new":["1. The Director shall establish a Permanent","Stakeholders\u2019 Group composed of experts","representing the relevant stakeholders, in","particular from the information and","communications technologies industry and","consumer groups. He shall determine the","procedures regarding in particular the","number, the composition, the appointment","of the members, and the operation of the","Group. The Group shall report to the","European Parliament, the Commission","and the Board of Regulators.","2. The Group shall be chaired by the","Director. The term of office of its members","shall be two-and-a-half years. Members of","the Group may not be members of the","Board of Regulators.","3. Representatives of the Commission shall","be entitled to be present in the meetings","and participate in the work of the Group.","4. The Group may advise the Director in","the performance of his/her duties under this","Regulation, in drawing up a proposal for","the relevant parts of the Authority's work","programme, as well as in ensuring","communication with stakeholders on all","issues related to the work programme."],"old":["1. The Chief Network Security Officer","shall establish a Permanent Stakeholders\u2019","Group composed of experts representing","the relevant stakeholders, in particular","from the information and communications","technologies industry, consumer groups","and academic experts in network and","information security. He shall, in","consultation with the Director, determine","the procedures regarding in particular the","","number, the composition, the appointment","of the members, and the operation of the","Group.","2. The Group shall be chaired by the Chief","Network Security Officer. The term of","office of its members shall be two-and-a-","half years. Members of the Group may not","be members of the Administrative Board","or the Board of Regulators.","3. Representatives of the Commission shall","be entitled to be present in the meetings","and participate in the work of the Group.","4. The Group may advise the Chief","Network Security Officer in the","performance of his/her duties under this","Regulation, in drawing up a proposal for","the relevant parts of the Authority's work","programme, as well as in ensuring","communication with stakeholders on all","issues related to the work programme."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"110","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-111","justification":" The Authority should not have the power to collect fees. In order to ensure effective\n independence from the Commission, the Authority should be mostly funded by the Member\n States.","location":[["Proposal for a regulation","Article 36 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:07"},"new":["1. The revenues of the Authority shall","consist of:","(a) one-third of its annual funding shall","be paid directly in the form of a","Community subsidy, under the","appropriate heading of the EC budget as","stipulated by the Budgetary authority, in","accordance with point 47 of the","Interinstitutional agreement of 6 May","2006;","(b) two-thirds of its annual income shall","be a direct contribution from the NRAs.","Member States have the obligation to","ensure that the NRAs are equipped with","the adequate financial and human","resources to complete the tasks assigned","to them by BERT, and enabling the","proper funding of the latter. Member","States should specify the budget line,","which NRAs must from this point on use","to provide resources for BERT from their","annual budgets. The budgets shall be","made public."],"old":["1. The revenues of the Authority shall","consist of:","(a) charges for services provided by the","Authority;","","(b) a proportion of usage fees paid by","applicants in accordance with the","provisions of Article 17;","(c) a subsidy from the Community,","entered in the general budget of the","European Communities (Commission","Section);","(d) any legacies, donations or grants as","mentioned in Article 26(7).","(e) any voluntary contribution from the","Member States or from their regulatory","authorities."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"111","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-112","justification":"The Authority should have a secretariat that covers the full administrative needs of its\noperation.","location":[[" Proposal for a regulation","Article 36 \u2013 paragraph 2"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:07"},"new":["2. The expenditure of the Authority shall","cover staff, administrative, infrastructure","and operational expenses including those","connected with the establishment of an","independent secretariat."],"old":["2. The expenditure of the Authority shall","","cover staff, administrative, infrastructure","and operational expenses."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"112","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00e1n Hudack\u00fd","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-113","location":[["Proposal for a regulation","Article 54 a (new)"]],"meps":[28180],"meta":{"created":"2020-01-20T00:19:08"},"new":["The Network of National Regulatory","Authorities shall cease its functions no","later than five years after commencement,","unless the European Parliament and the","Council, acting under Article 251 EC","Treaty, prolong the effectiveness of the","Network for a limited time, on the basis of","objective justification by the Commission."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"113","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00e1n Hudack\u00fd","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-114","justification":" Regulation needs to reflect the transitory nature of ex-ante telecom regulation, which has to\n eventually give up place to general competition law. The introduction of a \u201csunset clause\u201d\n would be a practical step towards de-regulation sending signals to the market consistent with\n the policy objectives of promoting investments.","location":[["Proposal for a regulation","Article 55"]],"meps":[28180],"meta":{"created":"2020-01-20T00:19:08"},"new":["Within five years from the effective start of","operations the Commission shall publish a","general report on the experience acquired","as a result of the operation of the Network","and of the procedures laid down in this","Regulation. The evaluation shall cover the","results achieved by the Network and its","working methods, in relation with its","objective, mandate and tasks defined in this","Regulation and in its annual work","programmes. The evaluation shall take into","account the views of stakeholders, at both","Community and national level. The report","and any accompanying proposals shall be","forwarded to the European Parliament and","to the Council.","If the evaluation report provided under","paragraph 1 of this Article indicates that","due to objective circumstances pertinent","to functioning of the internal market it is","necessary to prolong the effectiveness of","the Network for a limited time, the","European Parliament and the Council,","acting under Article 251 EC Treaty, may","for one time prolong the effectiveness of","the Network for a minimum necessary","period, not exceeding 2 years."],"old":["Within five years from the effective start of","operations and every five years thereafter,","the Commission shall publish a general","report on the experience acquired as a","result of the operation of the Authority and","","of the procedures laid down in this","Regulation. The evaluation shall cover the","results achieved by the Authority and its","working methods, in relation with its","objective, mandate and tasks defined in this","Regulation and in its annual work","programmes. The evaluation shall take into","account the views of stakeholders, at both","Community and national level. The report","and any accompanying proposals shall be","forwarded to the European Parliament and","to the Council."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"114","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-115","justification":"This is a fast moving area of technology and it is desirable to scrutinise more than once in\nevery mandate. It is desirable to link the renewing of the Authority's mandate to the general\nreports which evaluate its performance.","location":[[" Proposal for a regulation","Article 55"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:08"},"new":["Within three years from the effective start","of operations and every three years","thereafter, the Commission shall publish a","general report on the experience acquired","as a result of the operation of the Authority","and of the procedures laid down in this","Regulation. The evaluation shall cover the","results achieved by the Authority and its","working methods, in relation with its","objective, mandate and tasks defined in this","Regulation and in its annual work","programmes. The evaluation shall take into","account the views of stakeholders, at both","Community and national level. The report","and any accompanying proposals shall be","forwarded to the European Parliament and","to the Council.","Every six years the European Parliament,","Commission and Council, taking due","regard of the general reports, shall","evaluate whether the Authority has","achieved its objectives for regulatory","convergence and whether the market can","operate without its regulatory oversight. If","there is agreement, the Authority will","either cease to exist or be given a further","six year mandate."],"old":["Within five years from the effective start of","operations and every five years thereafter,","the Commission shall publish a general","report on the experience acquired as a","","result of the operation of the Authority and","of the procedures laid down in this","Regulation. The evaluation shall cover the","results achieved by the Authority and its","working methods, in relation with its","objective, mandate and tasks defined in this","Regulation and in its annual work","programmes. The evaluation shall take into","account the views of stakeholders, at both","Community and national level. The report","and any accompanying proposals shall be","forwarded to the European Parliament and","to the Council."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"115","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["ECON"],"date":"2008-05-23T00:00:00","id":"PE406.057-116","justification":" Security matters are already dealt with effectively by ENISA and should not fall under the\n remit of the Authority.","location":[["Proposal for a regulation","Article 56"]],"meps":[33570],"meta":{"created":"2020-01-20T00:19:09"},"new":["Article 56 deleted","Transitional provisions"],"old":["1. The Authority shall, on 14 March 2011,","assume responsibility for all activities","","undertaken by the European Network and","Information Security Agency prior to that","date and which fall within the scope of","this Regulation.","2. The ownership interest in any moveable","property held by the European Network","and Information Security Agency at the","date referred to in paragraph 1 above","shall be transferred to the Authority with","effect from that date."],"orig_lang":"en","peid":"PE406.057v02-00","reference":"2007/0249(COD)","seq":"116","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.057+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-133","justification":"BERT should not lead to full harmonisation of national markets. Healthy regulatory\ncompetition needs to be maintained.","location":[["Proposal for a regulation","Recital 2"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:22"},"new":["(2) The 2002 regulatory framework for","electronic communications establishes a","system of regulation undertaken by","national regulatory authorities and provides","for those authorities to co-operate with","each other and with the Commission in","order to ensure the development of","consistent regulatory practice and the","consistent application across the","Community of the regulatory framework","but leaving room for regulatory","competition between the national","regulatory authorities in light of specific","national market conditions."],"old":["(2) The 2002 regulatory framework for","electronic communications establishes a","system of regulation undertaken by","national regulatory authorities and provides","for those authorities to co-operate with","each other and with the Commission in","order to ensure the development of","consistent regulatory practice and the","consistent application across the","Community of the regulatory framework."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"133","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Luis Herrero-Tejedor","changes":{},"committee":["CULT"],"date":"2008-05-16T00:00:00","id":"PE405.979-5","justification":"National regulatory authorities are closer to the problems and hence in a better position to\ndetermine which solution should be applied in each instance. Furthermore, economic\nsolutions are generally based on economic models that are both imperfect and subject to\nchange. That is why those who are closer to the market, in other words the national bodies,\nshould be called upon to implement the chosen solutions.","location":[["Proposal for a regulation","Recital 49 a (new)"]],"meps":[28396],"meta":{"created":"2020-01-20T00:19:22"},"new":["(49a) When steps are to be taken with a","view to setting up a European","telecommunications market authority, the","Commission should ensure compliance","with the subsidiarity principle."],"orig_lang":"es","peid":"PE405.979v01-00","reference":"2007/0249(COD)","seq":"5","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-405.979+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-134","location":[["Proposal for a regulation","Recital 4 a (new)"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:22"},"new":["(4a) BERT will be established to","accomplish co-ordination between","national regulatory authorities of","Members States without harmonising","existing regulatory approaches to a degree","which undermines regulatory","competition."],"old":[""],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"134","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-135","location":[[" Proposal for a regulation","Recital 7"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:23"},"new":["(7) A more substantial institutional basis","for the establishment of a body bringing","together the expertise and experience of the","national regulatory authorities, together","with a clearly defined set of competencies,","is therefore called for, taking account of","the need for this body to exercise authority","in the eyes of its members and the sector","being regulated through the quality of its","output."],"old":["(7) A more substantial institutional basis","for the establishment of a body bringing","together the expertise and experience of the","national regulatory authorities, together","with a clearly defined set of competencies,","is therefore called for, taking account of","the need for this body to exercise real","authority in the eyes of its members and","the sector being regulated through the","quality of its output."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"135","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-136","justification":"It should be stated, that although not perfect, cooperation between NRAs has been achieved\nover the last years. Greater cooperation is needed to understand and influence Europe\u2019s\ncommunication market in the right direction.","location":[[" Proposal for a regulation","Recital 11 a (new)"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:23"},"new":["(11a) The current approach to build","greater consistency among national","regulatory authorities by exchanging","information and knowledge on practical","experiences has proved to be successful in","this short term following its deployment.","However, a more intense coordination","between all regulatory authorities at","national and European level will be","required to understand and further","develop the internal market for electronic","communication services in order to","enhance regulatory consistency."],"old":[""],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"136","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jorgo Chatzimarkakis","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-137","justification":"It is unnecessary to create a new agency. Instead, a body such as an enhanced ERG\nembedded in EU law should be established. The judgment of the ECJ Grand Chamber of 2\nMay 2006 in Case C-217/04 UK v Parliament and Council indicates that Article 95 can be\nused as a basis for establishment of a Community body. This gives ample grounds to give\nmore powers to the ERG by giving it legal personality and therefore independence.","location":[["Proposal for a regulation","Recital 12"]],"meps":[28243],"meta":{"created":"2020-01-20T00:19:24"},"new":["(12) This calls for the establishment of a","new independent Community body, based","on an enhanced European Regulators","Group (ERG) (hereinafter the \u2018Authority\u2019).","The Authority would make an effective","contribution to furthering the completion of","the internal market through the assistance it","provides to the Commission and the","national regulatory authorities. It would","operate as a point of reference and would","establish confidence by virtue of its","independence, the quality of the advice it","delivers and the information it","disseminates, the transparency of its","procedures and methods of operation, and","its diligence in performing the tasks","assigned to it."],"old":["(12) This calls for the establishment of a","new Community body, the European","Electronic Communications Market","Authority (hereinafter the \u2018Authority\u2019).","The Authority would make an effective","contribution to furthering the completion of","the internal market through the assistance it","provides to the Commission and the","national regulatory authorities. It would","operate as a point of reference and would","establish confidence by virtue of its","independence, the quality of the advice it","delivers and the information it","disseminates, the transparency of its","procedures and methods of operation, and","its diligence in performing the tasks","assigned to it."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"137","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Drago\u015f Florin David","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-138","location":[[" Proposal for a regulation","Recital 14"]],"meps":[39712],"meta":{"created":"2020-01-20T00:19:24"},"new":["(14) The Authority is to replace the","ERG and act as an exclusive forum for","cooperation between national regulatory","authorities and between the latter","authorities and the Commission, in the","exercise of the full range of their","responsibilities under the regulatory","framework."],"old":["(14) The Authority should replace the","ERG and serve as the exclusive forum for","cooperation between national regulatory","authorities in the exercise of the full range","of their responsibilities under the","regulatory framework."],"orig_lang":"ro","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"138","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Drago\u015f Florin David","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-139","location":[[" Proposal for a regulation","Recital 15"]],"meps":[39712],"meta":{"created":"2020-01-20T00:19:25"},"new":["(15) The Authority should be established","within the Community's existing","institutional structure and balance of","powers. It should be independent in","relation to technical matters and have legal,","administrative and financial autonomy. To","that end, it is necessary that it should be a","Community body having legal personality","and exercising the tasks conferred on it by","this Regulation."],"old":["(15) The Authority should be established","within the Community's existing","institutional structure and balance of","powers. It should be independent in","relation to technical matters and have legal,","administrative and financial autonomy. To","that end, it is necessary and appropriate","that it should be a Community body having","legal personality and exercising the tasks","conferred on it by this Regulation."],"orig_lang":"ro","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"139","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Drago\u015f Florin David","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-140","location":[["Proposal for a regulation","Recital 18"]],"meps":[39712],"meta":{"created":"2020-01-20T00:19:25"},"new":["(18) The Authority should accordingly","advise the Commission and the national","regulatory authorities, as well as the","European Parliament, at the latter\u2019s","request, in accordance with the","Community regulatory framework for","electronic communications and thereby","assist in its effective implementation."],"old":["(18) The Authority should accordingly","advise the Commission and the national","regulatory authorities in accordance with","the Community regulatory framework for","electronic communications and thereby","assist in its effective implementation."],"orig_lang":"ro","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"140","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Francisca Pleguezuelos Aguilar","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-141","justification":" For consistency with the approach taken in amendments to the other proposed provisions,\n since the powers given to the \u2018Authority\u2019 exceed those that such bodies ought to have.","location":[["Proposal for a regulation","Recital 20"]],"meps":[28326],"meta":{"created":"2020-01-20T00:19:26"},"new":["(20) The BERT\u2019s annual review should","identify best regulatory practices,","particularly in relation to the difficulties","remaining in the market and contribute to","improving the level of protection and","security of citizens."],"old":["(20) The Authority should assist the","Commission by undertaking an annual","review of the measures taken the Member","States informing the citizens about the","existence and use of the single European","emergency call number \u2018112\u2019. The","Authority\u2019s annual review would identify","best practices and remaining bottlenecks","and would contribute to improve the level","of protection and security of citizens","travelling in the European Union."],"orig_lang":"es","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"141","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Francisca Pleguezuelos Aguilar","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-142","justification":" Consistent with the BERT\u2019s tasks, as its scope should make it clear that it does not cover\n management and use of the spectrum.","location":[[" Proposal for a regulation","Recital 21"]],"meps":[28326],"meta":{"created":"2020-01-20T00:19:26"},"new":["deleted"],"old":["(21) In the context of pursuing the aims","of Decision No 676/2002/EC of the","European Parliament and of the Council","of 7 March 2002 on a regulatory","framework for radio spectrum policy in","the European Community (Radio","Spectrum Decision), the Commission may","seek the independent expert advice of the","Authority relating to the use of the radio","frequencies in the Community. This","advice could involve specific technical","investigations, as well as economic or","social impact assessment and analysis","relating to frequencies policy measures. It","could also include matters relating to the","implementation of Article 4 of Decision","No 676/2002/EC, where the Authority","may be asked to provide advice to the","Commission on the results obtained under","Commission mandates to the European","Conference of Postal and","Telecommunications Administrations","(CEPT)."],"orig_lang":"es","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"142","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Francisca Pleguezuelos Aguilar","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-143","justification":"Shortens the recital, simplifying the wording.","location":[["Proposal for a regulation","Recital 22"]],"meps":[28326],"meta":{"created":"2020-01-20T00:19:26"},"new":["(22) While technological and market","developments have increased the potential","for the deployment of electronic","communications services beyond the","geographical boundaries of individual","Member States, the gradual convergence","of differing legal and regulatory conditions","for the deployment of those services under","national laws will increasingly facilitate","the provision of such cross-border services."],"old":["(22) While technological and market","developments have increased the potential","for the deployment of electronic","communications services beyond the","geographical boundaries of individual","Member States, there is a risk that the","existence of differing legal and regulatory","conditions for the deployment of those","services under national laws will","increasingly hold back the provision of","such cross-border services. The Authority","should therefore play a key role in the","establishment of harmonised conditions","for the authorisation of those services,","whether with regard to general","authorisations, rights of use for radio","frequencies or rights of use for numbers,","and in advising the Commission on the","details of the measures to be taken under","Directive 2002/21/EC (Framework","Directive) to achieve such harmonised","conditions"],"orig_lang":"es","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"143","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-144","justification":" Network and information security is vital for consumer confidence in Information Society\n services.","location":[["Proposal for a regulation","Recital 24"]],"meps":[36281],"meta":{"created":"2020-01-20T00:19:27"},"new":["(24) The Union needs a centre of expertise","at European level on network and","information security issues, providing","guidance and advice to the European","Parliament, the Commission or competent","bodies appointed by the Member States.","The security and resilience of","communication networks and information","systems remain a prime concern for society","and a key element in the EU regulatory","framework for electronic communications","networks and service. The smooth","functioning of the internal market risks","being undermined by a heterogeneous","application of the security-related","provisions laid down in the Framework","Directive and the Specific Directives. The","opinion of the European centre of","expertise on network and information","security issues providing technical advice","at the request of the Commission and the","Member States should facilitate the","consistent application of those directives at","national level."],"old":["(24) The Authority should act as a centre","","of expertise at European level on network","and information security issues, providing","guidance and advice to the European","Parliament, the Commission or competent","bodies appointed by the Member States.","The security and resilience of","communication networks and information","systems remain a prime concern for society","and a key element in the EU regulatory","framework for electronic communications","networks and service. The smooth","functioning of the internal market risks","being undermined by a heterogeneous","application of the security-related","provisions laid down in the Framework","Directive and the Specific Directives. The","opinion of the Authority providing","technical advice at the request of the","Commission and the Member States should","facilitate the consistent application of those","directives at national level."],"orig_lang":"ro","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"144","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Drago\u015f Florin David","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-145","location":[[" Proposal for a regulation","Recital 26"]],"meps":[39712],"meta":{"created":"2020-01-20T00:19:27"},"new":["(26) Where disputes with a cross-border","nature arise between undertakings in","respect of rights or obligations under the","regulatory framework for electronic","communications, at the request of a","national regulatory authority responsible","for dispute settlement and at the request of","the Commission the Authority should","order an investigation in which it should","look into the background to the dispute and","advise the national regulatory authorities","concerned as to the measures it considers","are most appropriate for them to take to","resolve it in accordance with the provisions","of the regulatory framework."],"old":["(26) Where disputes with a cross-border","nature arise between undertakings in","respect of rights or obligations under the","regulatory framework for electronic","communications, at the request of a","national regulatory authority responsible","","for dispute settlement the Authority should","be able to investigate the background to","the dispute and advise the national","regulatory authorities concerned as to the","measures it considers are most appropriate","for them to take to resolve it in accordance","with the provisions of the regulatory","framework."],"orig_lang":"ro","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"145","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Francisca Pleguezuelos Aguilar","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-146","justification":"There is a need to make clear that issues concerning the network and information security do\nnot fall within the competence of the BERT or Authority but that of ENISA.","location":[["Proposal for a regulation","Recital 28"]],"meps":[28326],"meta":{"created":"2020-01-20T00:19:27"},"new":["(28) To be able to perform its tasks as set","out in this Regulation and to understand","better the challenges in the electronic","communications field, the BERT must be","familiar with all the aspects laid down in","the framework directive and specific","directives concerned, without going into","matters that relate to specific Community","bodies or agencies such as the European","Network and Information Security","Agency, which operate outside its terms of","reference."],"old":["(28) To be able to perform its tasks as set","out in this Regulation and to understand","better the challenges in the electronic","communications field, including current","and emerging risks in the network and","information security field, the Authority","needs to be able to analyse current and","emerging developments. For that purpose","the Authority may collect appropriate","information, in particular concerning","breaches of security and integrity that had","a significant impact on the operation of","network or services provided by national","regulatory authorities in accordance with","Article 13a(3) of Directive 2002/21/EC","(Framework Directive), as well as","through questionnaires."],"orig_lang":"es","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"146","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-147","justification":" It is too early to give BERT a greater role in security related topics, but it is wise to state that\n a greater role might be needed in the near future.","location":[[" Proposal for a regulation","Recital 28 a (new)"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:28"},"new":["(28a) BERT should contribute to","developing a culture of network and","information security in particular through","understanding network security threats,","developing best practice methods,","promoting risk assessment activities and","cooperation with international","organisations. In the framework of the","review due on 1 January 2014 the role of","BERT in the field of network and","information security should be re-","evaluated."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"147","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Drago\u015f Florin David","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-148","location":[[" Proposal for a regulation","Recital 29"]],"meps":[39712],"meta":{"created":"2020-01-20T00:19:28"},"new":["(29) As a focal point for the sharing and","exchange of information on matters","relating to the regulation of electronic","communications services across the","Community, and in the interests of","promoting transparency and reducing","administrative burdens for providers and","users of those services, the Authority","should maintain and make accessible a","register containing information on the use","of frequencies within the Community, on","the basis of standardised information","provided on a regular basis by each","Member State. In order to improve the","transparency of retail prices for making","and receiving regulated roaming calls","within the Community and to help roaming","customers make decisions on the use of","their mobile telephones while abroad,","BERT should ensure that up-to-date","information on the application of","Regulation (EC) No 717/2007 of the","European Parliament and of the Council of","27 June 2007 on roaming on public mobile","telephone networks within the Community","and amending Directive 2002/21/EC is","made available to interested parties and","publish the results of such monitoring on","an annual basis. This information is to be","published in a pamphlet, the publishing","and printing costs of which should be","borne by the BERT budget."],"old":["(29) As a focal point for the sharing and","exchange of information on matters","relating to the regulation of electronic","communications services across the","Community, and in the interests of","promoting transparency and reducing","administrative burdens for providers and","users of those services, the Authority","should maintain and make accessible a","register containing information on the use","","of frequencies within the Community, on","the basis of standardised information","provided on a regular basis by each","Member State. In order to improve the","transparency of retail prices for making","and receiving regulated roaming calls","within the Community and to help roaming","customers make decisions on the use of","their mobile telephones while abroad, the","Authority should ensure that up-to-date","information on the application of","Regulation (EC) No 717/2007 of the","European Parliament and of the Council of","27 June 2007 on roaming on public mobile","telephone networks within the Community","and amending Directive 2002/21/EC is","made available to interested parties and","publish the results of such monitoring on","an annual basis."],"orig_lang":"ro","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"148","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Paul R\u00fcbig","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-149","justification":" This not does appear to be a justified delegation of powers, as regulatory bodies should be\n given such tasks only where there is a specific need for regulation and then only via a specific\n legislative act after consultation of the groups concerned. Otherwise there would be a risk\n that regulatory tasks for which a need had not be ascertained were delegated on mere\n suspicion, which could be to the detriment of legal certainty and ultimately also of\n competition.","location":[["Proposal for a regulation","Recital 31"]],"meps":[2278],"meta":{"created":"2020-01-20T00:19:29"},"new":["deleted"],"old":["(31) The Commission should be able to","request the Authority to undertake any","additional specific task within its general","remit which may be considered to","contribute to meeting the objectives of the","Community regulatory framework for","electronic communications."],"orig_lang":"de","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"149","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fiona Hall","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-150","justification":" This puts beyond doubt the concept of NRA independence, whether individually at the\n national level or collectively at a European level, as the cornerstone of effective regulation in\n this sector.","location":[[" Proposal for a regulation","Recital 32"]],"meps":[28477],"meta":{"created":"2020-01-20T00:19:29"},"new":["(32) The structure of BERT should be","suitable for the tasks it is to perform. The","structure should be adapted to meet the","specific needs of the Community system","for the regulation of electronic","communications. In particular, the specific","role of the NRAs and their independent","nature, both at national and at European","level, needs to be fully respected."],"old":["(32) The structure of the Authority should","be suitable for the tasks it is to perform.","Experience with similar Community","authorities provides some guidance in this","respect, but the structure should be adapted","to meet the specific needs of the","Community system for the regulation of","electronic communications. In particular,","the specific role of the national regulatory","authorities and their independent nature","needs to be fully addressed."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"150","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Mary Honeyball","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-151","justification":"This amendment puts the concept of NRA independence beyond doubt.","location":[["Proposal for a regulation","Recital 32"]],"meps":[5846],"meta":{"created":"2020-01-20T00:19:29"},"new":["(32) The structure of BERT should be","suitable for the tasks it is to perform. The","structure should be adapted to meet the","specific needs of the Community system","for the regulation of electronic","communications. In particular, the specific","role of the NRAs and their independent","nature, both at national and at European","level, needs to be fully respected."],"old":["(32) The structure of the Authority should","be suitable for the tasks it is to perform.","Experience with similar Community","authorities provides some guidance in this","respect, but the structure should be adapted","to meet the specific needs of the","Community system for the regulation of","electronic communications. In particular,","the specific role of the national regulatory","authorities and their independent nature","needs to be fully addressed."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"151","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-152","location":[["Proposal for a regulation","Recital 32"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:30"},"new":["(32) The structure of BERT should be lean","and suitable for the tasks it is to perform.","Its staff should not exceed 30 staff","members. The structure should be adapted","to meet the specific needs of the","Community system for the regulation of","electronic communications. In particular,","the specific role of the national regulatory","authorities and their independent nature","needs to be fully addressed."],"old":["(32) The structure of the Authority should","be suitable for the tasks it is to perform.","Experience with similar Community","authorities provides some guidance in this","respect, but the structure should be adapted","to meet the specific needs of the","Community system for the regulation of","electronic communications. In particular,","the specific role of the national regulatory","authorities and their independent nature","needs to be fully addressed."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"152","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-153","location":[[" Proposal for a regulation","Recital 32"]],"meps":[28390],"meta":{"created":"2020-01-20T00:19:30"},"new":["(32) The structure of BERT should be","suitable for the tasks it is to perform. The","structure should be adapted to meet the","specific needs of the Community system","for the regulation of electronic","communications. In particular, the specific","role of the NRAs and their independent","nature at all levels needs to be fully","addressed."],"old":["(32) The structure of the Authority should","be suitable for the tasks it is to perform.","Experience with similar Community","authorities provides some guidance in this","respect, but the structure should be adapted","to meet the specific needs of the","Community system for the regulation of","electronic communications. In particular,","the specific role of the national regulatory","authorities and their independent nature","needs to be fully addressed."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"153","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Francisca Pleguezuelos Aguilar","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-154","justification":"The \u2018Authority\u2019 should not have regulatory functions but only those of an advisory nature.","location":[[" Proposal for a regulation","Recital 33"]],"meps":[28326],"meta":{"created":"2020-01-20T00:19:31"},"new":["(33) The BERT should be able to perform","its functions in an efficient and above all","independent manner. When intervening in","matters relating to market regulation, and","reflecting the situation on a national level,","the Board of Regulators should act","independently from any market interest and","shall not seek or take instructions from any","government or other public or private","entity."],"old":["(33) The Authority should have the","necessary powers to perform the","regulatory functions in an efficient and","above all independent manner. Reflecting","the situation on a national level, the Board","of Regulators should therefore act","independently from any market interest and","shall not seek or take instructions from any","government or other public or private","entity."],"orig_lang":"es","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"154","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Catherine Trautmann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-155","justification":"BERT should have the possibility to consult and interact with the variety of stakeholders in\nthe electronic communications sector.","location":[["Proposal for a regulation","Recital 37"]],"meps":[1129],"meta":{"created":"2020-01-20T00:19:31"},"new":["(37) In addition to its operating principles","based on independence and transparency,","BERT should be an organisation open to","contacts with, inter alia, industry,","consumers, unions, public sector bodies,","research centres and other interested","stakeholders. Where appropriate, BERT","should assist the Commission in the","dissemination and exchange of best","practice among undertakings."],"old":["(37) In addition to its operating principles","based on independence and transparency,","the Authority should be an organisation","open to contacts with industry, consumers","and other interested stakeholders. The","Authority should enhance cooperation","between different actors operating in the","field of network and information security,","inter alia, by organising, on a regular","basis, consultation with industry, research","centres, as well as other stakeholders","concerned and by establishing a network","of contacts for Community bodies, public","sector bodies appointed by the Member","States, private sector and consumer","bodies."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"155","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-156","location":[[" Proposal for a regulation","Recital 40"]],"meps":[28390],"meta":{"created":"2020-01-20T00:19:31"},"new":["(40) In order to guarantee the full","autonomy and independence of BERT, it","should receive an autonomous budget.","Whilst one third of its funding will be","provided by the general budget of the","European Union, two thirds of its funding","will be provided by the NRAs. Member","States are obliged to ensure that NRAs","have adequate and unconditional funding","for this purpose. This method of financing","should be without prejudice to BERT\u2019s","independence both from the Member","States and the European Commission."],"old":["(40) In order to guarantee the full","autonomy and independence of the","Authority, it should receive an autonomous","budget. The Community budgetary","procedure remains applicable as for any","subsidies chargeable to the general budget","of the European Union are concerned.","Moreover, the Court of Auditors should","undertake the auditing of accounts in","accordance with Article 91 of Commission","Regulation (EC, Euratom) No 2343/2002","of 23 December 2002 on the framework","Financial Regulation for the bodies","referred to in Article 185 of Council","Regulation (EC, Euratom) No 1605/2002","on the Financial Regulation applicable to","the general budget of the European","Communities."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"156","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-157","location":[[" Proposal for a regulation","Recital 42"]],"meps":[28390],"meta":{"created":"2020-01-20T00:19:32"},"new":["(42) The Commission should be able to","take the necessary measures in case","undertakings fail to provide the","information that is necessary for BERT to","achieve its tasks effectively. Also, Member","States should ensure that they have an","appropriate framework for imposing on","undertakings effective, proportionate and","dissuasive penalties for non-compliance","with obligations arising from this","Regulation."],"old":["(42) The Commission should be able to","impose financial penalties on","undertakings that do not provide the","information that is necessary for the","Authority to achieve its tasks effectively.","Also, Member States should ensure that","they have an appropriate framework for","imposing on undertakings effective,","proportionate and dissuasive penalties for","","","non-compliance with obligations arising","from this Regulation."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"157","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-158","location":[["Proposal for a regulation","Recital 49 a (new)"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:32"},"new":["(49a) On 1 January 2014 a review should","take place to evaluate whether there is a","need to extend the mandate of BERT into","the future. In case an extension is","justified, budgetary and procedural","regulations as well as human resources","should be reviewed."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"158","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alexander Alvaro","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-159","justification":" In order to formalise the extended scope of the former ERG, as adviser and coordinator of\n common European regulatory policy. The term shall apply throughout the text.","location":[["Proposal for a regulation","Article 1 \u2013 paragraph 1"]],"meps":[28246],"meta":{"created":"2020-01-20T00:19:32"},"new":["1. The European Regulators\u2019 Board of","Electronic Communications (ERBEC) is","established with the responsibilities laid","down in this Regulation. The Commission","shall consult ERBEC in carrying out its","functions under the Framework Directive","and the Specific Directives, as set out in","this Regulation.","(This amendment applies throughout the","text. Adopting it will necessitate","corresponding changes throughout)"],"old":["1. A European Electronic Communications","Market Authority is established with the","responsibilities laid down in this","Regulation."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"159","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jorgo Chatzimarkakis","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-160","justification":" It is unnecessary to create a new agency. Instead a body such as an enhanced ERG embedded\n in EU law should be created. The judgment of the ECJ Grand Chamber of 2 May 2006 in\n Case C-217/04 UK v Parliament and Council indicates that Article 95 can be used as a basis\n for establishment of a Community body. This gives ample grounds to give more powers to the\n ERG by giving it legal personality and therefore independence.","location":[[" Proposal for a regulation","Article 1 \u2013 paragraph 1"]],"meps":[28243],"meta":{"created":"2020-01-20T00:19:33"},"new":["1. A European Regulators Group (ERG)","is established with the responsibilities laid","down in this Regulation.","(This amendment applies throughout the","text. Adopting it will necessitate","corresponding changes throughout)"],"old":["1. A European Electronic","Communications Market Authority is","established with the responsibilities laid","down in this Regulation."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"160","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" David Hammerstein","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-161","justification":"The role of the authority should be to promote competition. It cannot \u2018develop\u2019 cross-\ncommunity communication. The main tasks are here to manage the structural transition of\ntraditional telecommunication markets towards the internet world and to combat access\nbarriers and discrimination ensuring a coherent approach by all regulators in Europe.","location":[[" Proposal for a regulation","Article 1 \u2013 paragraph 2"]],"meps":[28345],"meta":{"created":"2020-01-20T00:19:33"},"new":["2. The Authority shall act within the scope","of the Framework Directive and the","Specific Directives and draw upon","expertise available in the national","regulatory authorities. It shall contribute to","the better functioning of the internal","market for electronic communications","networks and services, including in","particular:","a) facilitation of interoperable cross-","border communication markets,","b) access to electronic communication","markets without discrimination,","c) management of the market transition","towards free information infrastructures","as the internet,","d) coherence of national regulatory","activities","through the tasks listed in Chapters II and","III."],"old":["2. The Authority shall act within the scope","of the Framework Directive and the","Specific Directives and draw upon","expertise available in the national","regulatory authorities. It shall contribute to","","the better functioning of the internal","market for electronic communications","networks and services, including in","particular the development of cross-","Community electronic communications","and a high and effective level of network","and information security, through the","tasks listed in Chapters II and III."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"161","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Patrizia Toia","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-162","location":[["Proposal for a regulation","Article 1 \u2013 paragraph 2"]],"meps":[28340],"meta":{"created":"2020-01-20T00:19:33"},"new":["2. BERT shall act within the scope of the","Framework Directive and the Specific","Directives and draw upon expertise","available in the national regulatory","authorities. It shall contribute to the better","functioning of the internal market for","electronic communications networks and","services, including in particular the","promotion of an effective and consistent","application of the regulatory framework","of electronic communications and the","development of cross-Community","electronic communications, through the","tasks listed in Chapters II and III."],"old":["2. The Authority shall act within the scope","of the Framework Directive and the","Specific Directives and draw upon","expertise available in the national","regulatory authorities. It shall contribute to","the better functioning of the internal","","","market for electronic communications","networks and services, including in","particular the development of cross-","Community electronic communications","and a high and effective level of network","and information security, through the","tasks listed in Chapters II and III."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"162","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-163","location":[[" Proposal for a regulation","Article 1 \u2013 paragraph 2"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:34"},"new":["2. BERT shall act within the scope of the","Framework Directive and the Specific","Directives and draw upon expertise","available in the national regulatory","authorities. It shall contribute to","improvement of national regulation in the","electronic communications sector, and to","the better functioning of the internal","market for electronic communications","networks and services, including in","particular the development of cross-","Community electronic communications,","through the tasks listed in Chapters II and","III."],"old":["2. The Authority shall act within the scope","of the Framework Directive and the","Specific Directives and draw upon","expertise available in the national","regulatory authorities. It shall contribute to","the better functioning of the internal","market for electronic communications","networks and services, including in","particular the development of cross-","Community electronic communications","and a high and effective level of network","and information security, through the","tasks listed in Chapters II and III."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"163","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-164","location":[["Proposal for a regulation","Article 1 \u2013 paragraph 5 a (new)"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:34"},"new":["5a. BERT shall serve as a means for the","exchange of information and the adoption","of consistent decisions by NRAs. BERT","shall provide an organisational basis for","the decision-making of NRAs; BERT","shall adopt common positions and","comments, and shall advise the","Commission and assist the NRAs in all","matters within the scope of the tasks","assigned to the NRAs by the Framework","Directive and the Specific Directives."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"164","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-165","location":[["Proposal for a regulation","Article 1 \u2013 paragraph 5 b (new)"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:34"},"new":["5b. With the entry into force of this","Regulation, the Council and the","European Parliament shall adopt a","Decision to establish an office to ensure","appropriate resources for BERT. The","Decision shall provide that the office is","part of the Community administration","with regard to the terms and conditions of","employment and budgetary","responsibilities; as far as it is required to","ensure the autonomous fulfilment of the","tasks of BERT, the Decision shall provide","specific staff regulations for the office.","Furthermore, the Decision shall stipulate","rules for the first assembly and the first","chairmanship of BERT.","The office shall be established in","Brussels."],"old":["",""],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"165","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-166","location":[[" Proposal for a regulation","Article 3 \u2013 introductory phrase"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:35"},"new":["BERT shall, in the furtherance of its tasks","under this Regulation:"],"old":["The Authority shall, in the furtherance of","its tasks under this Regulation:"],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"166","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-167","justification":" BERT shall only function within the scope of its tasks given in this regulation. It shall be an\n independent body working on its own initiative.","location":[[" Proposal for a regulation","Article 3 \u2013 point a"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:35"},"new":["(a) issue opinions, recommendations and","decisions on its own initiative, where this","Regulation so provides, in all matters","within the scope of the tasks assigned to","BERT;"],"old":["(a) issue opinions at the request of the","Commission or on its own initiative and","assist the Commission by providing it with","additional technical support in all matters","regarding electronic communications;"],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"167","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Drago\u015f Florin David","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-168","location":[["Proposal for a regulation","Article 3 \u2013 point a"]],"meps":[39712],"meta":{"created":"2020-01-20T00:19:36"},"new":["(a) issue opinions at the request of the","Commission, of the national regulatory","authorities or on its own initiative and","assist the Commission by providing it with","additional technical support and other","necessary technical information in all","matters regarding electronic","communications;"],"old":["(a) issue opinions at the request of the","Commission or on its own initiative and","assist the Commission by providing it with","additional technical support in all matters","regarding electronic communications;"],"orig_lang":"ro","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"168","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"David Hammerstein","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-169","justification":"Large parts of the European electronic communications infrastructure are developed by open\nsource communities today. The new institution needs to reach out to these communities and\nraise awareness about the regulatory activities on the European level.","location":[["Proposal for a regulation","Article 3 \u2013 point h a (new)"]],"meps":[28345],"meta":{"created":"2020-01-20T00:19:36"},"new":["(ha) offer technical assistance and reach","out to open source communities which","develop essential elements of the","European communication infrastructure;"],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"169","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Francisca Pleguezuelos Aguilar","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-170","justification":" The term \u2018recommendation\u2019 should be avoided as this has acquired a special meaning in\n Community law.","location":[[" Proposal for a regulation","Article 3 \u2013 point i"]],"meps":[28326],"meta":{"created":"2020-01-20T00:19:36"},"new":["(i) advise the national regulatory","authorities on cross-border disputes and","when appropriate on e-Accessibility","matters."],"old":["(i) issue recommendations to the national","regulatory authorities on cross-border","disputes and on e-Accessibility matters."],"orig_lang":"es","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"170","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-171","justification":" The security of specific information society services, particularly of e-government services,\n\nshould be discussed by Parliament and the Commission.","location":[[" Proposal for a regulation","Article 3 \u2013 point i a (new)"]],"meps":[36281],"meta":{"created":"2020-01-20T00:19:36"},"new":["(ia) draw up and submit to the European","Parliament and the Commission an","annual report on the security of electronic","communications networks and","information systems focusing on the","provision of specific information society","services, particularly in the area of","e-government services, and propose to the","Commission the adoption of measures to","improve the security of those networks","and systems."],"orig_lang":"ro","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"171","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"David Hammerstein","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-172","justification":"The institution may not only issue conferences but also publish software for national\nregulators or end-users. The amendment clarifies that.","location":[["Proposal for a regulation","Article 3 \u2013 point i a (new)"]],"meps":[28345],"meta":{"created":"2020-01-20T00:19:37"},"new":["(ia) provide software which is licensed","under the European Union Public","License or a compatible license."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"172","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-173","justification":" It is needs to be clear that BERT exclusively works within the scope of this regulation.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 1"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:37"},"new":["1. At the request of the Commission,","BERT shall deliver opinions on all matters","regarding electronic communications as set","out in this Regulation. BERT may also","provide an opinion on these matters to the","Commission or to NRAs on its own","initiative. BERT shall offer alternative","solutions, where appropriate."],"old":["1. At the request of the Commission, the","Authority shall deliver opinions on all","matters regarding electronic","communications."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"173","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nikolaos Vakalis","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-174","justification":" In order to achieve the harmonized implementation of the existing LLU provisions the\n consistent monitoring and benchmarking is crucial. BERT should be empowered to supervise\n the correct implementation of LLU and give clear best practice benchmarks on time limits,\n prices and procedures used. BERT should provide national regulators with uniform\n benchmarks to assess the implementation on the basis of annual key performance indicators,\n which would include timescales terms and delivery of local loops, price and service levels and\n terms and conditions to information systems.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 2"]],"meps":[28573],"meta":{"created":"2020-01-20T00:19:37"},"new":["2. The BERT shall in particular contribute","to the harmonised application of the","provisions of the Framework Directive and","the Specific Directives by assisting the","Commission in the preparation of","recommendations or decisions to be","adopted by the Commission in accordance","with Article 19 of Directive 2002/21/EC","(Framework Directive). BERT shall be in","charge of the monitoring of regulatory","compliance through consistent annual","key performance indicators (KPIs) which","would benchmark performance in","particular regarding remaining","bottlenecks."],"old":["2. The Authority shall in particular","contribute to the harmonised application of","the provisions of the Framework Directive","and the Specific Directives by assisting the","Commission in the preparation of","recommendations or decisions to be","adopted by the Commission in accordance","with Article 19 of Directive 2002/21/EC","(Framework Directive)."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"174","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Anni Podimata","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-175","justification":"BERT should be empowered to supervise the correct implementation of local loop unbundling\nand give clear best practice benchmarks on time limits, prices and procedures used.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 2"]],"meps":[39317],"meta":{"created":"2020-01-20T00:19:38"},"new":["2. BERT shall in particular contribute to","the harmonised application of the","provisions of the Framework Directive and","the Specific Directives by assisting the","Commission in the preparation of","recommendations or decisions to be","adopted by the Commission in accordance","with Article 19 of Directive 2002/21/EC","(Framework Directive). BERT shall be in","charge of the monitoring of regulatory","compliance through consistent annual","key performance indicators (KPIs) which","would benchmark performance in","particular regarding remaining","bottlenecks."],"old":["2. The Authority shall in particular","contribute to the harmonised application of","the provisions of the Framework Directive","and the Specific Directives by assisting the","Commission in the preparation of","recommendations or decisions to be","adopted by the Commission in accordance","with Article 19 of Directive 2002/21/EC","(Framework Directive)."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"175","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Francisca Pleguezuelos Aguilar","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-176","justification":" Consistent with the proposal for the BERT set out in previous amendments.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 2"]],"meps":[28326],"meta":{"created":"2020-01-20T00:19:38"},"new":["2. The BERT shall in particular contribute","to the harmonised application of the","provisions of the Framework Directive and","the Specific Directives by assisting the","Commission, when the latter so requests,","in the preparation of recommendations or","decisions to be adopted by the Commission","in relation to any of the matters referred","to in Article 3 of this Regulation in","accordance with Article 19 of Directive","2002/21/EC (Framework Directive)."],"old":["2. The Authority shall in particular","contribute to the harmonised application of","the provisions of the Framework Directive","and the Specific Directives by assisting the","Commission in the preparation of","recommendations or decisions to be","adopted by the Commission in accordance","","with Article 19 of Directive 2002/21/EC","(Framework Directive)."],"orig_lang":"es","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"176","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Catherine Trautmann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-177","justification":" BERT has an advisory role on market analysis, on a national and where appropriate sub-\n national level.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point e"]],"meps":[1129],"meta":{"created":"2020-01-20T00:19:38"},"new":["(e) analyses of specific national markets in","accordance with Article 16 of Directive","2002/21/EC (Framework Directive), and,","where appropriate, sub-national markets;"],"old":["(e) analyses of specific national markets in","accordance with Article 16 of Directive","2002/21/EC (Framework Directive);"],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"177","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Drago\u015f Florin David","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-178","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point h"]],"meps":[39712],"meta":{"created":"2020-01-20T00:19:38"},"new":["(h) implementation and monitoring of the","efficient use of the emergency call number","'112', in accordance with Article 26 of","Directive 2002/22/EC (Universal Service","Directive);"],"old":["(h) effective implementation of the","emergency call number '112', in","accordance with Article 26 of Directive","2002/22/EC (Universal Service Directive);","",""],"orig_lang":"ro","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"178","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nikolaos Vakalis","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-179","justification":"In order to achieve the harmonized implementation of the existing LLU provisions the\nconsistent monitoring and benchmarking is crucial. BERT should be empowered to supervise\nthe correct implementation of LLU and give clear best practice benchmarks on time limits,\nprices and procedures used. BERT should provide national regulators with uniform\nbenchmarks to assess the implementation on the basis of annual key performance indicators,\nwhich would include timescales terms and delivery of local loops, price and service levels and\nterms and conditions to information systems.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point m"]],"meps":[28573],"meta":{"created":"2020-01-20T00:19:39"},"new":["(m) transparency measures for the","implementation of unbundling of the local","loop, in accordance with Article 9 of","Directive 2002/19/EC (Access Directive).","These measures shall in particular","include targets for the enforcement of","Regulation (EC) No 2887/2000 of the","European Parliament and of the Council","of 18 December 2000 on unbundled","access to the local loop1, such as","timescales terms and conditions for the","production and delivery of local loops,","price and service levels for Service Level","Agreements (SLAs) and terms and","conditions to information systems","guaranteeing equal access to specific","information;","_____________________","1","OJ L 336, 30.12.2000. p. 4."],"old":["(m) transparency measures for the","implementation of unbundling of the local","loop, in accordance with Article 9 of","Directive 2002/19/EC (Access Directive);"],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"179","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Francisca Pleguezuelos Aguilar","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-180","justification":" It would be appropriate for the Directives to specify which matters should come within the\n \u2018Authority\u2019s scope.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point o"]],"meps":[28326],"meta":{"created":"2020-01-20T00:19:39"},"new":["(o) matters that are the responsibility of","the BERT identified in the Framework","Directive and the Specific Directives, in so","far as they affect management of the","spectrum or are affected by its","management;"],"old":["(o) measures on radio frequencies issues","in accordance with Articles 4 and 6 of","Decision 676/2002/EC (the Radio","Spectrum Decision);"],"orig_lang":"es","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"180","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-181","justification":"Existing differences in national markets need to be taken into account when proposing\nsolutions.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 4 a (new)"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:39"},"new":["4a. The Commission and the NRAs shall","take the utmost account of the opinions","delivered by BERT. In case BERT","proposes alternative solutions in the light","of different market conditions and path","dependence of different regulatory","approaches, NRAs shall consider which","solution fits best into their regulatory","approach. NRAs and the Commission","shall make public the manner in which","the opinion of BERT has been taken into","account."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"181","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fiona Hall","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-182","justification":"Even with the removal of a Commission veto over remedies BERT should have a role to play\nin this regard.","location":[["Proposal for a regulation","Article 5 \u2013 title"]],"meps":[28477],"meta":{"created":"2020-01-20T00:19:39"},"new":["Consultation of BERT on the definition","and analysis of national markets, and on","and on remedies remedies"],"old":["Consultation of the Authority on the","definition and analysis of national markets,"],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"182","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-183","location":[["Proposal for a regulation","Article 5 \u2013 title"]],"meps":[28390],"meta":{"created":"2020-01-20T00:19:39"},"new":["Consultation of BERT on the definition","and analysis of national markets and on","and on remedies remedies"],"old":["Consultation of the Authority on the","definition and analysis of national markets"],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"183","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Catherine Trautmann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-184","justification":" To be consistent with Directive (2002/21/EC) on a common regulatory framework for\n electronic communications networks and services, in which BERT has a role over remedies, it\n is necessary to keep the reference to them.","location":[[" Proposal for a regulation","Article 5 \u2013 title"]],"meps":[1129],"meta":{"created":"2020-01-20T00:19:40"},"new":["Consultation of BERT on the definition","and analysis of national markets, and on","and on remedies remedies"],"old":["Consultation of the Authority on the","definition and analysis of national markets,"],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"184","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mary Honeyball","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-185","justification":" Even with the removal of a Commission veto over remedies, BERT should have a role to play\n with proposed remedies.","location":[[" Proposal for a regulation","Article 5 \u2013 title"]],"meps":[5846],"meta":{"created":"2020-01-20T00:19:40"},"new":["Consultation of the BERT on the definition","and analysis of national markets, and on","remedies"],"old":["Consultation of the Authority on the","definition and analysis of national markets,","and on remedies"],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"185","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Catherine Trautmann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-186","location":[["Proposal for a regulation","Article 6 \u2013 title"]],"meps":[1129],"meta":{"created":"2020-01-20T00:19:40"},"new":["Reviews of national markets by BERT","Authority"],"old":["Reviews of national markets by the"],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"186","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Catherine Trautmann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-187","justification":" In case an NRA has not completed its analysis of a relevant market within the time laid down\n in Article 16(6) of Directive 2002/21/EC (Framework Directive), the Commission should have\n the possibility to request BERT to issue an opinion, including a draft measure.","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1"]],"meps":[1129],"meta":{"created":"2020-01-20T00:19:41"},"new":["1. If BERT receives a request from the","Commission pursuant to Article 16(7) of","Directive 2002/21/EC (Framework","Directive) to analyse a specific relevant","market within a Member State, it shall","deliver an opinion and provide the","Commission with the necessary","information, including the results of the","public consultation and the analysis of the","market. If the Authority finds that","competition on that market is not effective,","its opinion shall, following a public","consultation, include a draft measure","specifying the undertaking(s) it considers","should be designated as having significant","market power on that market and the","appropriate obligations to be imposed.","Those obligations shall be consistent with","Articles 8 and 9 to 13a of Directive","2002/19/EC (Access Directive) and Article","17 of Directive 2002/22/EC (Universal","Service Directive)."],"old":["1. If the Authority receives a request from","the Commission pursuant to Article 16(7)","of Directive 2002/21/EC (Framework","Directive) to analyse a specific relevant","market within a Member State, it shall","deliver an opinion and provide the","Commission with the necessary","information, including the results of the","public consultation and the analysis of the","market. If the Authority finds that","competition on that market is not effective,","its opinion shall, following a public","consultation, include a draft measure","specifying the undertaking(s) it considers","should be designated as having significant","market power on that market and the","appropriate obligations to be imposed."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"187","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Drago\u015f Florin David","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-188","location":[[" Proposal for a regulation","Article 9 \u2013 paragraph 3 a (new)"]],"meps":[39712],"meta":{"created":"2020-01-20T00:19:41"},"new":["(3a) At the request of the national","regulatory authorities, the Authority shall","cooperate with them and offer them","support and technical advice for the best","possible implementation of the emergency","call number \"112\"."],"orig_lang":"ro","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"188","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Catherine Trautmann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-189","justification":"This reference to RSPC allows to remain consistent with Directive 2002/21/EC (Framework\nDirective).","location":[[" Proposal for a regulation","Article 10 \u2013 paragraph 1"]],"meps":[1129],"meta":{"created":"2020-01-20T00:19:41"},"new":["1. Upon request, BERT shall provide","advice to the Commission, to the Radio","Spectrum Policy Committee (hereinafter","\u2018RSPC\u2019), in relation to matters within","BERT\u2019s scope of responsibility which","affect or are affected by the use of radio","frequencies for electronic communications","in the Community. BERT shall work in","cooperation with the RSPC where","appropriate."],"old":["1. 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It mentions the most common ISO document standards which are mandatory for\ngovernment agencies in many member states.","location":[[" Proposal for a regulation","Article 19 \u2013 paragraph 3"]],"meps":[28345],"meta":{"created":"2020-01-20T00:19:42"},"new":["3. The Authority shall make such","information available to the public in ISO","32000:2008, ISO/IEC 26300:2006, or","ISO/IEC 15445:2000 format."],"old":["3. The Authority shall make such","information available to the public in an","easily accessible form."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"200","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-201","location":[["Proposal for a regulation","Article 19 \u2013 paragraph 3"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:42"},"new":["3. BERT shall make such information","available to the public in an easily","accessible form; confidentiality shall be","respected for justifiable reasons."],"old":["3. The Authority shall make such","information available to the public in an","easily accessible form."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"201","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Drago\u015f Florin David","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-202","location":[["Proposal for a regulation","Article 19 \u2013 paragraph 3"]],"meps":[39712],"meta":{"created":"2020-01-20T00:19:42"},"new":["3. The Authority shall make such","information available to the public, the","European Parliament, the Council and","the Commission in an easily accessible","form."],"old":["3. The Authority shall make such","information available to the public in an","easily accessible form."],"orig_lang":"ro","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"202","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Francisca Pleguezuelos Aguilar","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-203","justification":" It does not seem appropriate for the Authority\u2019s report to be solely at the Commission\u2019s\n behest, as it is logical that if the Authority or BERT reports on the state of the markets, that\n report should not only identify current problems but also propose appropriate solutions,\n without the Commission having to make a specific request for one.","location":[[" Proposal for a regulation","Article 21 \u2013 paragraph 3"]],"meps":[28326],"meta":{"created":"2020-01-20T00:19:42"},"new":["3. 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And the public would take an extremely dim view of such a mechanism.","location":[[" Proposal for a regulation","Article 36 \u2013 paragraph 1 \u2013 point d"]],"meps":[2278],"meta":{"created":"2020-01-20T00:19:51"},"new":["deleted"],"old":["(d) any legacies, donations or grants as","mentioned in Article 26(7),"],"orig_lang":"de","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"234","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Paul R\u00fcbig","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-235","justification":"The funding structure of the proposed European Authority is extremely unfortunate, given the\nneed for the authority to be independent. The possibility of voluntary contributions by\nMember States, NRAs or even third parties (grants!) runs a considerable risk of unilateral\ninfluence by particularly opulent donors. Any regulatory decision would have to be\nscrutinised for that. And the public would take an extremely dim view of such a mechanism.","location":[[" Proposal for a regulation","Article 36 \u2013 paragraph 1 \u2013 point e"]],"meps":[2278],"meta":{"created":"2020-01-20T00:19:52"},"new":["deleted"],"old":["(e) any voluntary contribution from the","Member States or from their regulatory","authorities."],"orig_lang":"de","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"235","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-236","location":[["Proposal for a regulation","Article 36 \u2013 paragraph 2"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:52"},"new":["2. The expenditure of BERT shall cover","staff, administrative, infrastructure and","operational expenses."],"old":["2. The expenditure of the Authority shall","cover staff, administrative, infrastructure","and operational expenses."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"236","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-237","location":[["Proposal for a regulation","Article 36 \u2013 paragraph 4"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:52"},"new":["4. All revenue and expenditure shall be the","subject of forecasts for each financial year,","coinciding with the calendar year, and shall","be entered in its budget."],"old":["4. All Authority revenue and expenditure","shall be the subject of forecasts for each","financial year, coinciding with the calendar","year, and shall be entered in its budget."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"237","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-238","location":[[" Proposal for a regulation","Article 36 \u2013 paragraph 4 a (new)"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:53"},"new":["4a. The organisational and financial","structure of BERT shall be reviewed on 1","January 2014."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"238","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" David Hammerstein","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-239","justification":" Provision for the documentation request related to inter-connectivity.","location":[[" Proposal for a regulation","Article 41 \u2013 paragraph 1 a (new)"]],"meps":[28345],"meta":{"created":"2020-01-20T00:19:53"},"new":["1a. Information requested pursuant to","paragraph 1 may relate to documentation","for the purpose of ensuring","interoperability between two different","electronic systems or networks so as to","allow communication and exchange of","data content between them."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"239","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-240","location":[["Proposal for a regulation","Article 43 \u2013 paragraph 1"]],"meps":[28390],"meta":{"created":"2020-01-20T00:19:54"},"new":["deleted"],"old":["1. The Commission may impose financial","penalties on undertakings if they fail to","provide information referred to in Article","41. Penalties shall be effective,","proportionate and dissuasive."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"240","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jorgo Chatzimarkakis","changes":{},"committee":["CONT"],"date":"2008-05-14T00:00:00","id":"PE406.116-4","justification":"It is unnecessary to create a new agency. Instead, a body such as an enhanced ERG\nembedded in EU law should be established. The judgment of the ECJ Grand Chamber of 2\nMay 2006 in Case C-217/04 UK v Parliament and Council indicates that Article 95 can be\nused as a basis for establishment of a Community body. This gives ample grounds to give\nmore powers to the ERG by giving it legal personality and therefore independence.","location":[["Proposal for a regulation","Recital 12"]],"meps":[28243],"meta":{"created":"2020-01-20T00:19:54"},"new":["(12) This calls for the establishment of a","new independent Community body, based","on an enhanced European Regulators","Group (ERG) (hereinafter the","\u201cAuthority\u201d). The Authority would make","an effective contribution to furthering the","completion of the internal market through","the assistance it provides to the","Commission and the national regulatory","authorities. It would operate as a point of","reference and would establish confidence","by virtue of its independence, the quality of","the advice it delivers and the information it","disseminates, the transparency of its","procedures and methods of operation, and","its diligence in performing the tasks","assigned to it."],"old":["(12) This calls for the establishment of a","new Community body, the European","Electronic Communications Market","Authority (hereinafter the \u201cAuthority\u201d).","The Authority would make an effective","contribution to furthering the completion of","the internal market through the assistance it","provides to the Commission and the","national regulatory authorities. It would","operate as a point of reference and would","establish confidence by virtue of its","independence, the quality of the advice it","delivers and the information it","disseminates, the transparency of its","procedures and methods of operation, and","its diligence in performing the tasks","assigned to it."],"orig_lang":"en","peid":"PE406.116v01-00","reference":"2007/0249(COD)","seq":"4","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.116+01+DOC+PDF+V0//EN&language=EN"},{"authors":"David Hammerstein","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-241","justification":"An instrument to combat \u2018submarine patenting\u2019 of communication standards which is a great\ndanger for market confidence as an implementation of Art 8(2) and Article 30 of the TRIPs\nagreement. See also the RIM blackberry case where the US government intervened.","location":[["Proposal for a regulation","Article 43 \u2013 paragraph 1 a (new)"]],"meps":[28345],"meta":{"created":"2020-01-20T00:19:54"},"new":["1a. The Authority may in appropriate","cases issue a waiver related to essential","patent claims for European standards,","when justified to prevent an abuse of","patents by their holders, such as a failure","to draw the attention of a standard body","and markets to a known patent or a","known pending patent application prior","to the market dissemination of the","European standard."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"241","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jorgo Chatzimarkakis","changes":{},"committee":["CONT"],"date":"2008-05-14T00:00:00","id":"PE406.116-5","justification":" ENISA's mandate runs out in 2009 and unless another body takes over its present duties,\n European Network and information security cannot be monitored and adequately dealt with.\n Moreover, a second evaluation of ENISA is currently taking place. A definitive decision on\n ENISA's future should thus await the results of this evaluation.","location":[["Proposal for a regulation","Recital 24"]],"meps":[28243],"meta":{"created":"2020-01-20T00:19:54"},"new":["(24) An extended ENISA should act as a","centre of expertise at European level on","network and information security issues,","providing guidance and advice to the","European Parliament, the Commission or","competent bodies appointed by the","Member States. The security and resilience","of communication networks and","information systems remain a prime","concern for society and a key element in","the EU regulatory framework for electronic","communications networks and services.","The smooth functioning of the internal","market risks being undermined by a","heterogeneous application of the security","related provisions laid down in the","Framework Directive and the Specific","Directives. The opinion of ENISA, having","an extended mandate, being embedded in","both Directorate -General Information","Society and Media and Directorate -","General Justice, Freedom and Security,","and providing technical advice at the","request of the Commission and the","Member States should facilitate the","consistent application of those directives at","national level."],"old":["(24) The Authority should act as a centre","","of expertise at European level on network","and information security issues, providing","guidance and advice to the European","Parliament, the Commission or competent","bodies appointed by the Member States.","The security and resilience of","communication networks and information","systems remain a prime concern for society","and a key element in the EU regulatory","framework for electronic communications","networks and service. The smooth","functioning of the internal market risks","being undermined by a heterogeneous","application of the security related","provisions laid down in the Framework","Directive and the Specific Directives. The","opinion of the Authority providing","technical advice at the request of the","Commission and the Member States should","facilitate the consistent application of those","directives at national level."],"orig_lang":"en","peid":"PE406.116v01-00","reference":"2007/0249(COD)","seq":"5","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.116+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-242","location":[[" Proposal for a regulation","Article 43 \u2013 paragraph 3"]],"meps":[28390],"meta":{"created":"2020-01-20T00:19:54"},"new":["3. The Commission shall demand the","attention of undertakings when they fail","to comply with the request for information","referred to in Article 41. If appropriate,","and upon the request by BERT, the","Commission may publish the names of","these undertakings."],"old":["3. When penalties are imposed under this","Article, the Authority shall publish the","names of the undertakings involved and","the amounts of and reasons for the","financial penalties imposed."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"242","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jorgo Chatzimarkakis","changes":{},"committee":["CONT"],"date":"2008-05-14T00:00:00","id":"PE406.116-6","justification":"In order to guarantee the new body's financing but also its independence and to give it\ngreater authority in the respective member states, it is necessary to split the financing of the\nbody between the member states (NRAs) and the Community budget. Having part of the\nfunding come from the community budget also guarantees the better accountability of the\nbody towards the European Parliament.","location":[[" Proposal for a regulation","Recital 40"]],"meps":[28243],"meta":{"created":"2020-01-20T00:19:55"},"new":["(40) In order to guarantee the full","autonomy and independence of the","Authority, it should receive an autonomous","budget, one-third of which should come","from the general budget of the European","Union and two-thirds from the Member","States. The Community budgetary","procedure remains applicable as far as any","subsidies chargeable to the general budget","of the European Union are concerned, i.e.","for up to one-third of the Authority's","budget. Moreover, the Court of Auditors","should undertake the auditing of accounts","in accordance with Article 91 of","Commission Regulation (EC, Euratom) No","2343/2002 of 23 December 2002 on the","framework Financial Regulation for the","bodies referred to in Article 185 of Council","Regulation (EC, Euratom) No 1605/2002","on the Financial Regulation applicable to","the general budget of the European","Communities."],"old":["(40) In order to guarantee the full","autonomy and independence of the","","","Authority, it should receive an autonomous","budget. The Community budgetary","procedure remains applicable as for any","subsidies chargeable to the general budget","of the European Union are concerned.","Moreover, the Court of Auditors should","undertake the auditing of accounts in","accordance with Article 91 of Commission","Regulation (EC, Euratom) No 2343/2002","of 23 December 2002 on the framework","Financial Regulation for the bodies","referred to in Article 185 of Council","Regulation (EC, Euratom) No 1605/2002","on the Financial Regulation applicable to","the general budget of the European","Communities."],"orig_lang":"en","peid":"PE406.116v01-00","reference":"2007/0249(COD)","seq":"6","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.116+01+DOC+PDF+V0//EN&language=EN"},{"authors":" David Hammerstein","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-243","justification":" Streaming and audiovisual recordings shall be made available to ensure utmost transparency.","location":[[" Proposal for a regulation","Article 45 \u2013 paragraph 3 a (new)"]],"meps":[28345],"meta":{"created":"2020-01-20T00:19:55"},"new":["3a. Audiovisual streaming and recording","services shall be provided in a technology-","neutral fashion."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"243","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jorgo Chatzimarkakis","changes":{},"committee":["CONT"],"date":"2008-05-14T00:00:00","id":"PE406.116-7","justification":" It is unnecessary to create a new agency. Instead a body such as an enhanced ERG embedded\n in EU law should be created. The judgment of the ECJ Grand Chamber of 2 May 2006 in\n Case C-217/04 UK v Parliament and Council indicates that Article 95 can be used as a basis\n for establishment of a Community body. This gives ample grounds to give more powers to the\n ERG by giving it legal personality and therefore independence.","location":[["Proposal for a regulation","Article 1 \u2014 paragraph 1"]],"meps":[28243],"meta":{"created":"2020-01-20T00:19:55"},"new":["1. An enhanced ERG is established as the","authority with the responsibilities laid","down in this Regulation."],"old":["1. A European Electronic","Communications Market Authority is","established with the responsibilities laid","down in this Regulation."],"orig_lang":"en","peid":"PE406.116v01-00","reference":"2007/0249(COD)","seq":"7","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.116+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Catherine Trautmann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-244","location":[["Proposal for a regulation","Article 47 \u2013 paragraph 3"]],"meps":[1129],"meta":{"created":"2020-01-20T00:19:55"},"new":["3. Decisions taken by BERT pursuant to","Article 8 of Regulation (EC) No 1049/2001","may be the subject of a complaint to the","Ombudsman or of proceedings before the","Court of Justice in accordance with the","conditions laid down in Articles 195 and","230 of the Treaty respectively."],"old":["3. Decisions taken by the Authority","pursuant to Article 8 of Regulation (EC)","No 1049/2001 may be the subject of a","complaint to the Ombudsman or of","proceedings before the Court of Justice in","accordance with the conditions laid down","in Articles 195 and 230 of the Treaty","respectively."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"244","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jorgo Chatzimarkakis","changes":{},"committee":["CONT"],"date":"2008-05-14T00:00:00","id":"PE406.116-8","justification":" In order to guarantee the new body's financing amd its independence and to give it greater\n authority in the respective member states, it is necessary to split the financing of the body\n between the member states (NRAs) and the Community budget. Having part of the funding\n come from the community budget also guarantees the better accountability of the body\n towards the European Parliament.","location":[[" Proposal for a regulation","Article 36 \u2014 paragraph 1 \u2014 point e"]],"meps":[28243],"meta":{"created":"2020-01-20T00:19:55"},"new":["(e) contributions from the Member States","or from their regulatory authorities."],"old":["(e) any voluntary contribution from the","Member States or from their regulatory","authorities."],"orig_lang":"en","peid":"PE406.116v01-00","reference":"2007/0249(COD)","seq":"8","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.116+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Mary Honeyball","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-245","justification":"BERT should be able to benefit from expertise within NRAs.","location":[["Proposal for a regulation","Article 49 \u2013 paragraph 4"]],"meps":[5846],"meta":{"created":"2020-01-20T00:19:55"},"new":["4. The Board of Regulators may adopt","provisions to allow national experts from","Member States to be employed on","secondment at BERT."],"old":["4. The Administrative Board may adopt","provisions to allow national experts from","Member States to be employed on","secondment at the Authority."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"245","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-246","justification":" BERT should be established with a slim structure.","location":[[" Proposal for a regulation","Article 49 \u2013 paragraph 4 a (new)"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:55"},"new":["4a. The staff of BERT shall not exceed 30","staff members."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"246","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-247","location":[[" Proposal for a regulation","Article 55"]],"meps":[28390],"meta":{"created":"2020-01-20T00:19:55"},"new":["Within three years from the effective start","of operations, the Commission shall","publish an evaluation report on the","experience acquired as a result of the","operation of BERT. The evaluation shall","cover the results achieved by BERT and its","working methods, in relation with its","objective, mandate and tasks defined in this","Regulation and in its annual work","programmes. The evaluation shall take into","account the views of stakeholders, at both","Community and national level. The report","shall be forwarded to the European","Parliament and to the Council. The","European Parliament shall give an","opinion on the Commission\u2019s report."],"old":["Within five years from the effective start of","operations and every five years thereafter,","the Commission shall publish a general","report on the experience acquired as a","result of the operation of the Authority and","of the procedures laid down in this","Regulation. The evaluation shall cover the","results achieved by the Authority and its","working methods, in relation with its","objective, mandate and tasks defined in this","Regulation and in its annual work","programmes. The evaluation shall take into","account the views of stakeholders, at both","Community and national level. The report","and any accompanying proposals shall be","forwarded to the European Parliament and","to the Council."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"247","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-248","location":[["Proposal for a regulation","Article 57 \u2013 paragraph 1 a (new)"]],"meps":[28390],"meta":{"created":"2020-01-20T00:19:56"},"new":["Within five years of the effective start of","operations, BERT shall cease to exist","unless the European Parliament, the","Council and the Commission find that","market conditions have not evolved to the","extent that a body of regulators is no","longer necessary. In this regard, the","Commission shall publish a report","evaluating market conditions and","forecasting the trends. The evaluation","report and any accompanying legislative","proposal shall be forwarded in due course","to both the European Parliament and the","Council."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"248","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Erika Mann","changes":{},"committee":["ITRE"],"date":"2008-05-16T00:00:00","id":"PE406.122-249","justification":"A review is relevant, before deciding on the future prospects for BERT.","location":[["Proposal for a regulation","Article 57 \u2013 paragraph 1 a (new)"]],"meps":[1898],"meta":{"created":"2020-01-20T00:19:56"},"new":["On 1 January 2014 a review shall take","place to evaluate whether there is a need","to extend the mandate of BERT into the","future. In case an extension is justified,","budgetary and procedural regulations as","well as human resources shall be","reviewed."],"orig_lang":"en","peid":"PE406.122v01-00","reference":"2007/0249(COD)","seq":"249","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.122+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Stavros Lambrinidis","changes":{},"committee":["LIBE"],"date":"2008-05-14T00:00:00","id":"PE406.050-82","location":[["Proposal for a regulation \u2013 amending act","Recital 3"]],"meps":[28576],"meta":{"created":"2020-01-20T00:20:24"},"new":["(3) Regulation (EC) No 460/2004 of the","European Parliament and of the Council of","10 March 2004 establishing the European","Network and Information Security Agency","(hereinafter \u201cENISA Regulation\u201d)","established the European Network and","Information Security Agency (ENISA) in","2004 for a period of five years, with the","goal of ensuring a high and effective level","of network and information security within","the Community, in order to develop a","culture of network and information security","for the benefit of the citizens, consumers,","enterprises and public sector organisations","of the European Union, thus contributing to","the smooth functioning of the internal","market. This Regulation does not affect","Regulation EC 460/2004, which should be","reviewed in accordance with its relevant","provisions."],"old":["(3) Regulation (EC) No 460/2004 of the","European Parliament and of the Council of","10 March 2004 establishing the European","Network and Information Security Agency","(hereinafter \u201cENISA Regulation\u201d)","established the European Network and","Information Security Agency (ENISA) in","2004 for a period of five years, with the","goal of ensuring a high and effective level","of network and information security within","the Community, in order to develop a","culture of network and information security","for the benefit of the citizens, consumers,","enterprises and public sector organisations","of the European Union, thus contributing to","the smooth functioning of the internal","market."],"orig_lang":"en","peid":"PE406.050v01-00","reference":"2007/0249(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.050+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lilli Gruber","changes":{},"committee":["LIBE"],"date":"2008-05-14T00:00:00","id":"PE406.050-83","location":[["Proposal for a regulation \u2013 amending act","Article 14"]],"meps":[28368],"meta":{"created":"2020-01-20T00:20:25"},"new":["14. In addition to the tasks referred to in","Article 4(3)(b) and Article 19(4) and (5),","the BERT shall contribute to the","development of a culture of network and","information security, in particular by:","a) facilitating cooperation between the","Commission and the Member States in the","development of common methodologies to","prevent, address and respond to network","and information security issues and their","impact on data protection;","b) advising the Commission on research in","the area of network and information","security as well as on the effective use of","risk prevention technologies and promoting","risk assessment activities, interoperable","risk management solutions and studies on","prevention management solutions within","public and private sector organisations,","with particular attention to their impact","on data protection; and","c) contributing to Community efforts to","cooperate with third countries and, where","appropriate, with international","organisations to promote a common global","approach to network and information","security issues and their impact on data","protection."],"old":["14. In addition to the tasks referred to in","Article 4(3)(b) and Article 19(4) and (5),","the Authority shall contribute to the","development of a culture of network and","information security, in particular by:","","","","(a) facilitating cooperation between the","Commission and the Member States in the","development of common methodologies to","prevent, address and respond to network","and information security issues;","","(b) advising the Commission on research in","the area of network and information","security as well as on the effective use of","risk prevention technologies and promoting","risk assessment activities, interoperable","risk management solutions and studies on","prevention management solutions within","public and private sector organisations and;","","(c) contributing to Community efforts to","cooperate with third countries and, where","appropriate, with international","organisations to promote a common global","approach to network and information","security issues."],"orig_lang":"it","peid":"PE406.050v01-00","reference":"2007/0249(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.050+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Lilli Gruber","changes":{},"committee":["LIBE"],"date":"2008-05-14T00:00:00","id":"PE406.050-84","location":[[" Proposal for a regulation \u2013 amending act","Article 19 - paragraph 2 - point c"]],"meps":[28368],"meta":{"created":"2020-01-20T00:20:25"},"new":["(c) organising or promoting training on all","matters regarding electronic","communications, including aspects","relating to data and privacy protection","and the security of electronic","communications networks."],"old":["(c) organising or promoting training on all","matters regarding electronic","communications."],"orig_lang":"it","peid":"PE406.050v01-00","reference":"2007/0249(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.050+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lilli Gruber","changes":{},"committee":["LIBE"],"date":"2008-05-14T00:00:00","id":"PE406.050-85","location":[["Proposal for a regulation \u2013 amending act","Article 19 - paragraph 5"]],"meps":[28368],"meta":{"created":"2020-01-20T00:20:25"},"new":["5. The Authority shall contribute to","awareness raising and the availability of","timely, objective and comprehensive","information, including on network and","information security issues, for all users","by, inter alia, promoting exchanges of","current best practices, including on","methods of alerting users, and seeking","synergy between public and private sector","initiatives, in particular as regards data","and privacy protection and the security of","electronic communications networks."],"old":["5. The Authority shall contribute to","awareness raising and the availability of","timely, objective and comprehensive","information, including on network and","information security issues, for all users","by, inter alia, promoting exchanges of","current best practices, including on","methods of alerting users, and seeking","synergy between public and private sector","initiatives."],"orig_lang":"it","peid":"PE406.050v01-00","reference":"2007/0249(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.050+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jutta Haug","changes":{},"committee":["BUDG"],"date":"2008-05-13T00:00:00","id":"PE406.056-4","location":[["Draft legislative resolution","Paragraph 1 a (new)"]],"meps":[1914],"meta":{"created":"2020-01-20T00:20:28"},"new":["1a. Considers that the reference amount","indicated in the legislative proposal is not","compatible with the ceiling of subheading","1a of the current Multiannual Financial","Framework 2007 - 2013 without","jeopardising the financing of other","priorities; notes that the Commission has","communicated its intention to finance the","new European Electronic","Communications Market Authority within","subheading 1a partly through","redeployment and partly by an increase","for the period 2009-2013; reiterates,","however, that the budgetary authority has","not yet received any information as to the","details of this exercise so that it remains","unclear, to date, which programmes or","priorities are affected and what","consequences arise from this throughout","the financial period and whether a","sufficient margin will remain in","subheading 1a;"],"orig_lang":"en","peid":"PE406.056v01-00","reference":"2007/0249(COD)","seq":"4","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.056+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jutta Haug","changes":{},"committee":["BUDG"],"date":"2008-05-13T00:00:00","id":"PE406.056-5","location":[["Draft legislative resolution","Paragraph 1 b (new)"]],"meps":[1914],"meta":{"created":"2020-01-20T00:20:28"},"new":["1b. Points out that the proposed European","Electronic Communications Market","Authority will also fulfil administrative","tasks and assist the Commission; is","consequently of the opinion that all","possibilities of the Multiannual Financial","Framework 2007 - 2013, including","Heading 5 where sufficient margins still","seem to be available, should be explored","to finance the new Authority;"],"old":["",""],"orig_lang":"en","peid":"PE406.056v01-00","reference":"2007/0249(COD)","seq":"5","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-406.056+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["JURI"],"date":"2008-05-07T00:00:00","id":"PE405.990-76","justification":"It is unnecessary to create a market authority and it should be replaced by an advisory\ncommittee embedded in EU law. The judgment of the ECJ Grand Chamber of 2 May 2006 in\nCase C-217/04 UK v Parliament and Council indicates that Article 95 can be used as a basis\nfor establishment of a Community body.","location":[["Proposal for a regulation","Article 1 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2020-01-20T00:21:13"},"new":["1. The Body of European Regulators in","Telecom (BERT) is established as the","Authority having the responsibilities laid","down in this Regulation."],"old":["1. A European Electronic","Communications Market Authority is","established with the responsibilities laid","down in this Regulation."],"orig_lang":"en","peid":"PE405.990v01-00","reference":"2007/0249(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-405.990+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["JURI"],"date":"2008-05-07T00:00:00","id":"PE405.990-77","justification":"The Authority should not have security powers which are already dealt with effectively by the\nEuropean Network and Information Security Agency (ENISA).","location":[["Proposal for a regulation","Article 3 \u2013 point e"]],"meps":[33570],"meta":{"created":"2020-01-20T00:21:13"},"new":["deleted"],"old":["(e) provide advice and assistance to the","Commission or any competent body","appointed by a Member State with regard","to any network and information security","issue falling within the Authority's remit;"],"orig_lang":"en","peid":"PE405.990v01-00","reference":"2007/0249(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-405.990+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2008-05-07T00:00:00","id":"PE405.990-78","justification":" Market reviews can be conducted most effectively by national regulatory authorities so\n cooperation is desirable.","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 3 \u2013 point e"]],"meps":[33570],"meta":{"created":"2020-01-20T00:21:14"},"new":["(e) in cooperation with relevant national","regulatory authorities, analyses of specific","national markets in accordance with Article","16 of Directive 2002/21/EC (Framework","Directive);"],"old":["(e) analyses of specific national markets in","accordance with Article 16 of Directive","2002/21/EC (Framework Directive);"],"orig_lang":"en","peid":"PE405.990v01-00","reference":"2007/0249(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-405.990+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2008-05-07T00:00:00","id":"PE405.990-79","justification":"Market reviews can be conducted most effectively with the direct engagement of the national\nregulatory authorities. The Authority should oversee the review and be responsible for its\nrecommendations.","location":[[" Proposal for a regulation","Article 6"]],"meps":[33570],"meta":{"created":"2020-01-20T00:21:14"},"new":["1. If the Authority receives a request from","the Commission pursuant to Article 16(7)","of Directive 2002/21/EC (Framework","Directive) to analyse a specific relevant","market within a Member State, it shall","conduct a market review in cooperation","with the relevant national regulatory","authority. They shall deliver a joint","opinion, ultimately overseen by the","Authority, and provide the Commission","with the necessary information, including","the results of the public consultation and","the analysis of the market. If the Authority","and the national regulatory authority find","that competition on that market is not","effective, their opinion shall, following a","public consultation, include a draft","measure specifying the undertaking(s) it","considers should be designated as having","significant market power on that market","and the appropriate obligations to be","imposed.","2. The Authority may, where appropriate,","consult the relevant national competition","authorities before issuing its opinion to the","Commission.","3. The Authority and the national","regulatory authority shall provide the","Commission upon request with all the","information available to carry out the tasks","referred in paragraph 1."],"old":["1. If the Authority receives a request from","the Commission pursuant to Article 16(7)","of Directive 2002/21/EC (Framework","Directive) to analyse a specific relevant","market within a Member State, it shall","deliver an opinion and provide the","Commission with the necessary","information, including the results of the","public consultation and the analysis of the","market. If the Authority finds that","competition on that market is not effective,","its opinion shall, following a public","consultation, include a draft measure","specifying the undertaking(s) it considers","should be designated as having significant","","market power on that market and the","appropriate obligations to be imposed.","2. The Authority may, where appropriate,","consult the relevant national competition","authorities before issuing its opinion to the","Commission.","3. The Authority shall provide the","Commission upon request with all the","information available to carry out the tasks","referred in paragraph 1."],"orig_lang":"en","peid":"PE405.990v01-00","reference":"2007/0249(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-405.990+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["JURI"],"date":"2008-05-07T00:00:00","id":"PE405.990-80","justification":" The Radio Spectrum Policy Group should retain competence over spectrum but, where\n appropriate, the Authority should co-operate and provide assistance.","location":[["Proposal for a regulation","Article 10 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2020-01-20T00:21:14"},"new":["1. Upon request, the Authority shall","provide advice to the Commission and to","the Radio Spectrum Policy Group, as","appropriate, in relation to matters within","the Authority\u2019s scope of responsibility","which affect or are affected by the use of","radio frequencies for electronic","communications in the Community. The","Authority shall work in close cooperation","with the Radio Spectrum Policy Group as","appropriate."],"old":["1. Upon request, the Authority shall","provide advice to the Commission and","conduct studies and reviews, in particular","on technical and economic aspects,","regarding the use of radio frequencies for","electronic communications in the","Community."],"orig_lang":"en","peid":"PE405.990v01-00","reference":"2007/0249(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-405.990+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2008-05-07T00:00:00","id":"PE405.990-81","justification":" The Radio Spectrum Policy Group should retain competence over spectrum but, where\n appropriate, the Authority should co-operate and provide assistance.","location":[[" Proposal for a regulation","Article 10 \u2013 paragraph 3"]],"meps":[33570],"meta":{"created":"2020-01-20T00:21:14"},"new":["3. The Commission may request the","Authority to provide advice to the Radio","Spectrum Policy Group regarding the","drawing up of common policy objectives","referred to in Article 6(3) of Decision","676/2002/EC (Radio Spectrum Decision),","when these fall within the electronic","communications sector."],"old":["3. Upon request, the Authority shall","provide advice to the Commission","regarding the drawing up of common","policy objectives referred to in Article 6(3)","of Decision 676/2002/EC (Radio Spectrum","Decision), when these fall within the","electronic communications sector."],"orig_lang":"en","peid":"PE405.990v01-00","reference":"2007/0249(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-405.990+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2008-05-07T00:00:00","id":"PE405.990-82","justification":"The Authority should not have security powers which are already dealt with effectively by the\nEuropean Network and Information Security Agency (ENISA).","location":[[" Proposal for a regulation","Article 19 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2020-01-20T00:21:15"},"new":["1. The Authority shall, taking account of","the Community's electronic","communications policy, promote the","exchange of information both between the","Member States, and between the Member","States, national regulatory authorities and","the Commission on the situation and","development of regulatory activities","regarding electronic communications","networks and services."],"old":["1. The Authority shall, taking account of","the Community's electronic","communications policy, promote the","exchange of information both between the","","","Member States, and between the Member","States, national regulatory authorities and","the Commission on the situation and","development of regulatory activities","regarding electronic communications","networks and services, including network","and information security."],"orig_lang":"en","peid":"PE405.990v01-00","reference":"2007/0249(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-405.990+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sharon Bowles","changes":{},"committee":["JURI"],"date":"2008-05-07T00:00:00","id":"PE405.990-83","justification":" The Authority should not have the power to collect fees. In order to ensure effective\n independence from the Commission, the Authority should be mostly funded by the Member\n States.","location":[["Proposal for a regulation","Article 36 \u2013 paragraph 1"]],"meps":[33570],"meta":{"created":"2020-01-20T00:21:15"},"new":["1. The revenues of the Authority shall be","as follows:","(a) one-third of its annual funding shall","be paid directly in the form of a","Community subsidy, under the","appropriate heading of the EC budget as","stipulated by the budgetary authority, in","accordance with point 47 of the","Interinstitutional agreement of 6 May","2006;","(b) two-thirds of its annual income shall","be a direct contribution from the national","regulatory authorities (NRAs). Member","States shall be required to ensure that the","NRAs are equipped with the adequate","financial and human resources to","complete the tasks assigned to them by","BERT, and enabling the proper funding","of the latter. Member States shall specify","the budget line which NRAs must from","this point on use to provide resources for","BERT from their annual budgets. The","budgets shall be made public."],"old":["1. The revenues of the Authority shall","consist of:","(a) charges for services provided by the","Authority;","(b) a proportion of usage fees paid by","applicants in accordance with the","provisions of Article 17;","","(c) a subsidy from the Community,","entered in the general budget of the","European Communities (Commission","Section);","(d) any legacies, donations or grants as","mentioned in Article 26(7).","(e) any voluntary contribution from the","Member States or from their regulatory","authorities."],"orig_lang":"en","peid":"PE405.990v01-00","reference":"2007/0249(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-405.990+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sharon Bowles","changes":{},"committee":["JURI"],"date":"2008-05-07T00:00:00","id":"PE405.990-84","justification":"This is a fast moving area of technology and it is desirable to scrutinise more than once in\nevery mandate. It is desirable to link the renewing of the Authority's mandate to the general\nreports which evaluate its performance.","location":[[" Proposal for a regulation","Article 55"]],"meps":[33570],"meta":{"created":"2020-01-20T00:21:15"},"new":["Within three years from the effective start","of operations and every three years","thereafter, the Commission shall publish a","general report on the experience acquired","as a result of the operation of the Authority","and of the procedures laid down in this","Regulation. The evaluation shall cover the","results achieved by the Authority and its","working methods, in relation with its","objective, mandate and tasks defined in this","Regulation and in its annual work","programmes. The evaluation shall take into","account the views of stakeholders, at both","Community and national level. The report","and any accompanying proposals shall be","forwarded to the European Parliament and","to the Council.","Every six years the European Parliament,","the Commission and the Council, taking","due account of the general reports, shall","evaluate whether the Authority has","achieved its objectives for regulatory","convergence and whether the market can","operate without its regulatory oversight. If","there is agreement, the Authority will","either cease to exist or be given a further","six-year mandate."],"old":["Within five years from the effective start of","operations and every five years thereafter,","the Commission shall publish a general","report on the experience acquired as a","result of the operation of the Authority and","of the procedures laid down in this","Regulation. The evaluation shall cover the","results achieved by the Authority and its","working methods, in relation with its","objective, mandate and tasks defined in this","Regulation and in its annual work","programmes. The evaluation shall take into","account the views of stakeholders, at both","Community and national level. The report","and any accompanying proposals shall be","forwarded to the European Parliament and","to the Council.",""],"orig_lang":"en","peid":"PE405.990v01-00","reference":"2007/0249(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-405.990+01+DOC+PDF+V0//EN&language=EN"}],"changes":{"2014-11-10T01:06:21":[{"data":[{"body":"EC","commission":[{"Commissioner":"REDING Viviane","DG":{"title":"Communications Networks, Content and Technology","url":"http://ec.europa.eu/dgs/connect/index_en.htm"}}],"date":"2007-11-13T00:00:00","docs":[{"celexid":"CELEX:52007PC0699:EN","text":["
PURPOSE: to\n establish a European Electronic Communications Market Authority.
PROPOSED ACT:\n Regulation of the European Parliament and of the Council.
CONTEXT: in June 2006, the Commission presented a report to the\n European Parliament and the Council on the functioning of the regulatory\n framework for electronic communications networks and services. This extensive\n and comprehensive review process brought to light a number of important\n problems that remain to be solved, in particular the lack of consistency in\n the application of EU rules and the regulatory fragmentation of the internal\n market.
Indeed, despite the significant progress on the harmonisation of\n regulation in electronic communications, the inconsistent regulatory\n approaches by 27 national regulatory authorities – which vary significantly\n in terms of competences, independence and financial and human resources –\n stand in the way of technological developments and are increasingly felt by\n businesses as obstacles to the delivery of trans-national or pan-European\n services.
The\n independent advisory group \"European Regulators Group\" (ERG) was\n set up by the Commission in 2004 as a means of facilitating consultation,\n coordination and cooperation amongst national regulatory authorities and\n between these authorities and the Commission. The current approach within\n ERG, in practice, requires reaching the agreement among all 27 regulators.\n The Commission has therefore concluded that the tasks required could be best\n fulfilled by a separate entity which is independent and outside the\n Commission and which reinforces the powers of the NRAs by taking over the\n functions of the ERG and giving them a robust and transparent foundation in\n Community law.
CONTENT: the Commission is proposing a new independent Authority\n working in close cooperation with the national regulatory authorities (NRAs)\n and the Commission. This proposal complements two other proposals that seek\n to amend directives that comprise the current regulatory framework for\n electronic communications. (see COD/2007/0247\n and COD/2007/0248).
The new Authority, accountable to the European Parliament, will\n include a board of regulators comprising the heads of the national regulatory\n authorities of all EU Member States and will replace the European Regulators\n Group (ERG). It will provide expert advice to the Commission, notably to\n prepare regulatory decisions and to further the internal market by improving\n consistency in the application of EU rules. The new Authority would also take\n over the functions of the European Network Security Agency (ENISA).
According to the proposal the Authority would complement at\n European level the regulatory tasks undertaken by the regulatory authorities\n at national level in the following ways:
The Authority\n would complement at European level the regulatory tasks performed at national\n level by the regulatory authorities by:
The annual\n budget is estimated at 10 million EUR for the Authority’s first year\n of operation, reaching 28 million EUR in its third year.
\nDiscussions in\n the Council bodies on this proposal showed that almost all Member States were\n against the creation of the European electronic communications market\n authority as proposed by the Commission. Ministers also discussed the\n issue of the establishment of a new market authority. The presidency\n summarised the debate as follows:
The debate\n also showed that there are many reservations regarding the establishment of a\n new body as a Community body and that there is broad support among Member States\n to the idea that the existing European regulators group should be enhanced.
\nThe Committee\n on Industry, Research and Energy adopted the report drafted by Pilar del\n CASTILLO VERA (EPP-ED, ES) amending at 1st reading of the codecision\n procedure, the proposal for a regulation of the European Parliament and of\n the Council establishing the European Electronic Communications Market\n Authority.
The salient\n issues are as follows:
Body of\n European Regulators in Telecom (BERT): with a view\n to ensuring the effective and consistent implementation of a regulatory\n framework on electronic communications, MEPs propose to set up of a Body of\n European Regulators in Telecom composed of 27 national regulatory\n authorities, as an alternative to the European Electronic Communications\n Market Authority (EECMA) advocated by the European Commission. Furthermore,\n it shall advise the Commission and assist the NRAs in all matters within the\n scope of the tasks assigned to the NRAs by the Framework Directive and the\n Specific Directives.
Role and tasks: BERT shall carry out its tasks in\n cooperation with NRAs and the\n Commission. BERT shall serve as a means for the\n exchange of information and the adoption of consistent decisions by NRAs. It\n shall provide an organisational basis for the decision-making of NRAs. It\n shall adopt common positions and comments. Furthermore, it shall advise the Commission\n and assist the NRAs in all matters within the scope of the tasks assigned to\n the NRAs by the Framework Directive and the Specific Directives. The\n Commission and NRAs shall take the utmost account of the opinion of BERT.\n Where BERT proposes alternative solutions in the light of different market conditions\n and path dependence of different regulatory approaches, NRAs shall consider\n which solution fits best into their regulatory approach. NRAs and the Commission\n shall make public the manner in which the opinion of BERT has been taken into\n account.
Spectrum\n policy: upon request, BERT shall provide advice\n to the Commission, the Radio Spectrum Policy Group (“RSPG”) or the Radio\n Spectrum Committee (“RSC”), as appropriate, in relation to matters within the\n scope of its functions which affect or are affected by the use of radio\n frequencies for electronic communications in the Community. It shall work in\n close cooperation with the RSPG and the RSC as appropriate.
Separation\n of BERT and ENISA: MEPs state that BERT should\n not take over tasks relating to network and information security. The\n Commission had originally proposed merging the existing European Network and\n Information Security Agency (ENISA) with the new European Electronic\n Communications Market Authority (EECMA). In addition, numbering issues, in\n accordance with the (Framework Directive) and access to numbers and services\n in the Community, in accordance with the Universal Service Directive are\n competence which should remain with the Member States.
Structure\n and staff: BERT shall comprise a board of\n Regulators Board representing 27 national regulatory authorities and a Managing\n Director whose term of office shall be 5 years. When carrying out the tasks conferred upon it by this Regulation,\n the Board of Regulators shall act independently and shall not seek or take\n instructions from any Member State or any public or private interest. The\n European Parliament may request either the Chairperson of the Board of\n Regulators or the Managing Director to address it on relevant issues relating\n to BERT's activities. The committee responsible in the European Parliament\n may ask the Managing Director to take the floor and to answer any questions\n put by its Members. The Staff Regulations of\n Officials of the European Communities shall apply to the staff of BERT.
Funding: the new Body of European Regulators in\n Telecommunications (BERT) should be funded by the Community (one third) and\n by direct contributions from national regulatory authorities (two thirds),\n according to an amendment adopted by the committee. However, the rapporteur\n and shadow rapporteurs agreed to review these funding provisions ahead of the\n plenary vote.
Report: within 3 years of the effective start of\n operations, the Commission shall publish an evaluation report on the\n experience acquired as a result of the operation of BERT. The European\n Parliament shall issue an opinion on the evaluation report. On 1 January 2014 a review shall take place to evaluate whether it\n is necessary to extend the mandate of BERT. In case an extension is\n justified, budgetary and procedural regulations, as well as human resources,\n shall be reviewed.
\nThe European\n Parliament adopted by 490 votes to 105, with 14 abstentions, a legislative\n resolution amending the proposal for a regulation of the European Parliament\n and of the Council establishing the European Electronic Communications Market\n Authority, also approved by the Committee on Industry.
The report had\n been tabled for consideration in plenary by Pilar del CASTILLO VERA\n (EPP-ED, ES) on behalf of the Committee on Industry, Research and Energy.
The main\n amendments – at 1st reading of the co-decision procedure – are as\n follows:
Body of European\n Regulators in Telecom (BERT): with a view to\n ensuring the effective and consistent implementation of a regulatory\n framework on electronic communications, MEPs propose to set up of a Body of\n European Regulators in Telecom composed of 27 national regulatory\n authorities, as an alternative to the European Electronic Communications\n Market Authority (EECMA) advocated by the European Commission. The European\n Commission shall consult BERT in carrying out its functions under the\n Framework Directive and the Specific Directives.
Role and\n tasks: BERT shall carry out its tasks in\n cooperation with NRAs and the Commission. BERT shall serve as a means for the\n exchange of information and the adoption of consistent decisions by NRAs. It\n shall provide an organisational basis for the decision-making of NRAs. It\n shall adopt common positions and comments. Furthermore, it shall advise the\n Commission and assist the NRAs in all matters within the scope of the tasks\n assigned to the NRAs by the Framework Directive and the Specific Directives. The\n European Parliament and the Council shall adopt a decision establishing an\n office to ensure appropriate resources for BERT.
BERT may issue\n opinions at the request of the European Parliament, the Commission, or on its\n own initiative. It shall develop common positions, guidelines and best\n practices for the imposition of regulatory remedies at the national level and\n monitor their implementation across Member States. The Commission and NRAs\n shall take the utmost account of the opinion of BERT. Where BERT proposes\n alternative solutions in the light of different market conditions and\n different regulatory approaches, NRAs shall consider which solution fits best\n into their regulatory approach. NRAs and the Commission shall make public the\n manner in which the opinion of BERT has been taken into account.
Spectrum\n policy: upon request, BERT shall provide advice\n to the Commission, the Radio Spectrum Policy Group (“RSPG”) or the Radio\n Spectrum Committee (“RSC”), as appropriate, in relation to matters within the\n scope of its functions which affect or are affected by the use of radio\n frequencies for electronic communications in the Community. It shall work in\n close cooperation with the RSPG and the RSC as appropriate.
Separation\n of BERT and ENISA: MEPs state that BERT should\n not take over tasks relating to network and information security. The\n Commission had originally proposed merging the existing European Network and\n Information Security Agency (ENISA) with the new European Electronic\n Communications Market Authority (EECMA).
Structure: BERT shall comprise a Board of Regulators representing 27\n national regulatory authorities and a Managing Director whose term of office\n shall be 5 years. Before appointment of the Managing Director, the\n suitability of the candidate selected by the Board of Regulators may be\n subject to a non-binding opinion of the European Parliament and the\n Commission. When carrying out its tasks, the Board of Regulators shall act\n independently. The European Parliament may request either the Chairperson of\n the Board of Regulators or the Managing Director to address it on relevant\n issues relating to BERT's activities. If necessary, the responsible committee\n of the European Parliament may invite the Managing Director to answer\n questions put by its members.
Funding: BERT shall be financed by a subsidy from the Community and a\n financial contribution from each NRA. Each Member State shall ensure that\n NRAs have the adequate financial resources required to participate in the\n work of BERT. The Board or Regulators shall agree, at the latest, six months\n after the entry into force of this Regulation, the level of the financial\n contribution to be made by each Member State.
Report: within three years of the effective start of operations, the\n Commission shall publish an evaluation report on the experience acquired as a\n result of the operation of BERT. The European Parliament shall issue an\n opinion on the evaluation report. By 1 January 2014 a review shall take place to evaluate whether it is necessary to extend the mandate of BERT. In\n case an extension is justified, budgetary and procedural regulations, as well\n as human resources, shall be reviewed.
\nThe amended\n proposal adapts the original proposal on a number of points as suggested by\n the European Parliament.
It is recalled that the proposal aims to establish a European\n Electronic Communications Market Authority which is part of the EU regulatory\n package for electronic communications proposed by the Commission with the aim\n of simplifying and improving the quality of the regulatory environment,\n completing the single market and ensuring that consumers can reap the full\n benefit of a dynamic and increasingly borderless communications market.
The objective of the proposed Regulation is to establish a\n specialised and independent expert body to assist the Commission and the\n national regulatory authorities in the implementation of the EU regulatory\n framework for electronic communications.
The Authority would complement at European level the regulatory\n tasks performed at national level by the regulatory authorities, in\n particular by providing:
The European Parliament adopted 164 amendments at 1st reading\n on 24 September 2008. In its amended proposal, the Commission accepts 75 of\n these amendments in their entirety. It accepts 32 in part or subject to rewording. In particular, the Commission accepts the establishment of a new\n body called \"Body of European Telecoms Regulators\" and\n inserts some new drafting underlying the importance of reinforcing the\n cooperation between national regulatory authorities.
It should be\n noted that the Commission rejected 57 amendments.
\nThe Council\n adopted its common position with the aim of improving and bolstering existing\n structures, notably the European Regulators Group (ERG). The proposed new\n body is intended to replace the ERG and improve its functioning so as to ensure\n greater transparency and efficiency in the decision-making process. The\n Council has opted to give the ERG formal status in a Community regulation by\n laying down a more precise definition of its tasks, its functioning and its\n relations with the Community Institutions.
Although the Council\n has opted for a different type of legal act from that proposed by the Commission,\n the common position incorporates most of the European Parliament's first-reading\n amendments either in full, in part or in essence.
(1) Subject\n matter, scope and aims: the Council agrees with\n the Commission and the European Parliament that a new body should be created\n as part of the internal market for electronic communications networks and\n services. The new body would have an advisory role and should:
The Council shares\n the view of the Commission and the European Parliament that the new body's\n activities should come within the scope of the Framework Directive and the\n specific directives and should be clearly defined.
Like the\n European Parliament, the Council considers that the Group of European Regulators\n in Telecoms (GERT) should also draw up and disseminate among NRAs regulatory\n best practice, such as common approaches, methodologies or guidelines on\n implementation of the regulatory framework. It further agrees with both\n institutions that ENISA (European Network and Information Security Agency)\n should not form part of the new body, which should have no competence at\n European level in matters concerning network and information security.
Unlike the\n European Parliament, the Council considers that the name GERT (Group of\n European Regulators in Telecoms) would be more appropriate for the new body\n than BERT (Body of the European Telecoms Regulators). It feels, however, that\n GERT should neither have the characteristics of an agency nor legal\n personality. Like the European Parliament, the Council considers that GERT\n would provide expertise and would establish confidence by virtue of its independence,\n the quality of the advice it delivers and the information it disseminates,\n the transparency of its procedures and methods of operation, and its diligence\n in performing tasks.
Regarding GERT's\n assignments the Council, unlike the European Parliament, feels that the\n Group should focus on matters concerning economic regulation of electronic\n communications markets and avoid pursuing tasks which have not been clearly\n defined in advance. The Council does not share the European Parliament's view\n that GERT should also provide advice for market players. The Council thinks\n it is right that the Group should seek to carry out its tasks in cooperation\n with existing groups and committees, but does not feel that it should advise\n them.
(2)\n Composition and operational arrangements: the\n Council agrees with the European Parliament that the new body should be composed\n of the heads or high-level representatives from the NRA established in each\n Member State with primary responsibility for overseeing the day-to-day operation\n of the market for electronic communications networks and services and that it\n should include one member per Member State. It also agrees that the Commission\n should have observer status and that the new body's Chairperson and\n Vice-Chairpersons should be elected from among its members.
The Council\n agrees with the European Parliament that the new body should carry out its\n tasks independently, impartially and transparently and take decisions on\n the basis of a two-thirds majority of the members. Like the European\n Parliament, the Council considers that the NRAs and the Commission should\n take the utmost account of opinions issued by GERT.
The Council\n agrees with the simplification of the new body's structure and tasks as\n proposed by the European Parliament, in particular compared with the\n structure proposed by the Commission and shares the European Parliament's\n opinion on some of the operational arrangements such as, for instance,\n adoption by the new body of rules of procedure or the convening of meetings. However,\n the Council favours a financial and organisational structurethat\n is les unwieldy and bureaucratic than that proposed by the European\n Parliament. The Council does not consider it necessary to provide for a Board\n of Regulators or a Managing Director post.
The Council\n considers that, in order to ensure GERT's independence, it should not\n be funded either fully or partly from the Community budget. The Council\n considers that, in order to ensure application of the principles of subsidiarity\n and proportionality, to opt for the form of a Community agency is neither\n necessary for, nor proportionate to, the tasks assigned to GERT. Regarding\n the two-and-a-half-year terms of office of the Chairperson and of the\n Vice-Chairpersons, the Council considers a shorter, one-year term of office\n more appropriate.
(3)\n Transparency and confidentiality: like the\n European Parliament, the Council feels that, where appropriate, before issuing\n opinions, recommending better regulatory practice or drawing up reports, GERT\n should consult interested parties and give them the opportunity to comment within\n a reasonable period. In principle, the results of the consultation procedure\n should be made public and indicate any reservations issued by an NRA at its\n request. The Council agrees with the European Parliament that GERT should\n carry out its activities with a high level of transparency.
\nThe Committee\n on Industry, Research and Energy adopted the recommendation for second\n reading by Pilar del CASTILLO VERA (EPP-ED, ES) modifying, under the second\n reading of the codecision procedure, the Council’s common position for\n adopting a regulation of the European Parliament and of the Council\n establishing the Group of European Regulators in Telecom (GERT).
The amendments\n were the result of a compromise negotiated by the committee responsible with\n the Council Presidency.
As part of the\n compromise, the Body of European Regulators for Electronic Communications\n (BEREC) shall be established, as well as the Office to provide BEREC\n with professional and administrative support.
Role of\n BEREC: BEREC shall:
Composition\n and organisation of BEREC: BEREC shall be\n composed of the Board of Regulators. The Board of Regulators shall be\n composed of one member per Member State who shall be the head or nominated\n high-level representative of the NRA established in each Member State with primary responsibility for overseeing the day-to-day operation of the markets\n for electronic communications networks and services. The Commission shall\n attend as observer and shall be represented at an appropriate level. The\n Board of Regulators shall act by two-thirds majority of all its members. When\n carrying out its tasks conferred upon it, BEREC shall act independently.
The Office: to provide BEREC with professional and administrative support,\n the Office should be established as a Community body with legal personality\n and should exercise the tasks conferred on it by this Regulation. This Office\n should have legal, administrative and financial autonomy, in order efficiently\n to provide BEREC with its support. The Office should comprise of a Management\n Committee and an Administrative Manager.
The\n revenues and resources of the Office shall\n consist notably of: (a) a subsidy from the Community, entered under the\n appropriate headings of the general budget of the European Union (Commission\n Section); (b) financial contributions from Member States or from their NRAs\n made on a voluntary basis.
Evaluation\n and review: within three years of the effective\n start of operations, the Commission shall publish an evaluation report on the\n experience acquired as a result of the operation of BEREC and the Office. The\n evaluation report shall cover the results achieved by BEREC and the Office\n and their respective working methods, in relation to their respective\n objectives, mandates and tasks defined in this Regulation and in their\n respective annual work programmes. The European Parliament shall issue an\n opinion on the evaluation report.
\nThe European\n Parliament approved with amendments, under the second reading of the\n codecision procedure, the Council’s common position for adopting a regulation\n of the European Parliament and of the Council establishing the Group of\n European Regulators in Telecoms (GERT).
The amendments\n adopted in plenary are the result of a compromise negotiated with the\n Council.
As part of the\n compromise, the Body of European Regulators for Electronic Communications\n (BEREC) shall be established, as well as the Office to provide\n BEREC with professional and administrative support.
Tasks: BEREC shall draw upon expertise available in the national\n regulatory authorities (NRAs) and shall carry out its tasks in cooperation\n with the NRAs and the Commission. It shall promote cooperation between NRAs,\n and between NRAs and the Commission. Furthermore, BEREC shall advise the\n Commission, and upon request, the European Parliament and the Council. The\n tasks of BEREC shall be:
NRAs and the\n Commission shall take the utmost account of any opinion, recommendation,\n guidelines, advice or regulatory best practice adopted by BEREC. BEREC may,\n where appropriate, consult the relevant national competition authorities\n before issuing its opinion to the Commission.
Composition\n and organisation of BEREC: BEREC shall be\n composed of the Board of Regulators. The Board of Regulators shall be\n composed of one member per Member State who shall be the head or nominated\n high-level representative of the NRA established in each Member State with primary responsibility for overseeing the day-to-day operation of the markets\n for electronic communications networks and services. The Commission shall\n attend as observer and shall be represented at an appropriate level.
The Board of\n Regulators shall act by two-thirds majority of its all members unless\n otherwise provided in this Regulation or in the Framework Directive or the\n Specific Directives. Each member or alternate shall have one vote. These\n decisions shall be made public, and shall indicate the reservations of an NRA\n at its request.
When carrying\n out its tasks conferred upon it by this Regulation, BEREC shall act\n independently. The Members of the Board of Regulators shall neither seek nor\n accept any instruction from any government, from the Commission, or from any\n other public or private group.
The Office: to provide BEREC with professional and administrative support,\n the Office should be established as a Community body with legal personality\n and should exercise the tasks conferred on it by this Regulation. This Office\n should have legal, administrative and financial autonomy, in order\n efficiently to provide BEREC with its support. The Office should comprise of\n a Management Committee and an Administrative Manager.
The revenues\n and resources of the Office shall consist notably of: (a) a subsidy from the\n Community, entered under the appropriate headings of the general budget of\n the European Union (Commission Section); (b) financial contributions from\n Member States or from their NRAs made on a voluntary basis.
Evaluation\n and review: within three years of the effective\n start of operations, the Commission shall publish an evaluation report on the\n experience acquired as a result of the operation of BEREC and the Office. The\n evaluation report shall cover the results achieved by BEREC and the Office\n and their respective working methods, in relation to their respective\n objectives, mandates and tasks defined in this Regulation and in their\n respective annual work programmes. The European Parliament shall issue an\n opinion on the evaluation report.
Note that this\n proposal is part of the “telecom package” which includes the revision\n of the electronic communications framework and the citizens’ rights directive.\n Given that MEPs could not reach a compromise with the Council on the\n framework directive and that all three proposals are interlinked, it is\n likely that the whole package will go to conciliation in the next\n legislature.
\nPURPOSE: to establish the Body of European Regulators for\n Electronic Communications (BEREC) and the Office, in view of the need to\n ensure the development of consistent regulatory practice and the consistent\n application of the EU regulatory framework in this area.
LEGISLATIVE ACT: Regulation No (EC) No 1211/2009 of the\n European Parliament and of the Council establishing the Body of European\n Regulators for Electronic Communications (BEREC) and the Office.
CONTENT: following an agreement reached with the European\n Parliament at second reading, the Council adopted a regulation establishing\n the Body of European Regulators for Electronic
Communications (BEREC), a new independent authority\n working in cooperation with national regulatory authorities and the\n Commission.
This Regulation constitutes part of the “Telecoms Package”\n which also includes the reform\n of the EU’s regulatory framework for electronic communications networks and\n services and the Directive\n on users’ rights.
The Regulation establishes a two-tier structure:
BEREC\n would assist the Commission and the national regulators with expert advice in\n the range of their responsibilities under the EU regulatory framework for\n electronic communications. It should provide expertise and establish confidence\n by virtue of its independence, the quality of its advice and information, the\n transparency of its procedures and methods of operation, and its diligence in\n performing its tasks.BEREC\n should also serve as a body for reflection, debate and advice for the\n European Parliament, the Council and the Commission in the electronic\n communications field.
The Office\n would provide the professional and administrative support services required\n by BEREC to fulfil its tasks and would be financed by a Community subsidy and\n financial contributions from Member States or NRAs made on a voluntary basis\n to finance specific items of operational expenditure.
Evaluation and review: within three years of the effective start of\n operations of BEREC and the Office, respectively, the Commission shall\n publish an evaluation report on the experience acquired as a result of the\n operation of BEREC and the Office. The evaluation report shall cover the\n results achieved by BEREC and the Office and their respective working\n methods, in relation to their respective objectives, mandates and tasks\n defined in this Regulation and in their respective annual work programmes. The\n European Parliament shall issue an opinion on the evaluation report.
ENTRY INTO FORCE: 07/01/2010.
\nPURPOSE: to\n establish a European Electronic Communications Market Authority.
PROPOSED ACT:\n Regulation of the European Parliament and of the Council.
CONTEXT: in June 2006, the Commission presented a report to the\n European Parliament and the Council on the functioning of the regulatory\n framework for electronic communications networks and services. This extensive\n and comprehensive review process brought to light a number of important\n problems that remain to be solved, in particular the lack of consistency in\n the application of EU rules and the regulatory fragmentation of the internal\n market.
Indeed, despite the significant progress on the harmonisation of\n regulation in electronic communications, the inconsistent regulatory\n approaches by 27 national regulatory authorities – which vary significantly\n in terms of competences, independence and financial and human resources –\n stand in the way of technological developments and are increasingly felt by\n businesses as obstacles to the delivery of trans-national or pan-European\n services.
The\n independent advisory group \"European Regulators Group\" (ERG) was\n set up by the Commission in 2004 as a means of facilitating consultation,\n coordination and cooperation amongst national regulatory authorities and\n between these authorities and the Commission. The current approach within\n ERG, in practice, requires reaching the agreement among all 27 regulators.\n The Commission has therefore concluded that the tasks required could be best\n fulfilled by a separate entity which is independent and outside the\n Commission and which reinforces the powers of the NRAs by taking over the\n functions of the ERG and giving them a robust and transparent foundation in\n Community law.
CONTENT: the Commission is proposing a new independent Authority\n working in close cooperation with the national regulatory authorities (NRAs)\n and the Commission. This proposal complements two other proposals that seek\n to amend directives that comprise the current regulatory framework for\n electronic communications. (see COD/2007/0247\n and COD/2007/0248).
The new Authority, accountable to the European Parliament, will\n include a board of regulators comprising the heads of the national regulatory\n authorities of all EU Member States and will replace the European Regulators\n Group (ERG). It will provide expert advice to the Commission, notably to\n prepare regulatory decisions and to further the internal market by improving\n consistency in the application of EU rules. The new Authority would also take\n over the functions of the European Network Security Agency (ENISA).
According to the proposal the Authority would complement at\n European level the regulatory tasks undertaken by the regulatory authorities\n at national level in the following ways:
The Authority\n would complement at European level the regulatory tasks performed at national\n level by the regulatory authorities by:
The annual\n budget is estimated at 10 million EUR for the Authority’s first year\n of operation, reaching 28 million EUR in its third year.
\nDiscussions in\n the Council bodies on this proposal showed that almost all Member States were\n against the creation of the European electronic communications market\n authority as proposed by the Commission. Ministers also discussed the\n issue of the establishment of a new market authority. The presidency\n summarised the debate as follows:
The debate\n also showed that there are many reservations regarding the establishment of a\n new body as a Community body and that there is broad support among Member States\n to the idea that the existing European regulators group should be enhanced.
\nThe Committee\n on Industry, Research and Energy adopted the report drafted by Pilar del\n CASTILLO VERA (EPP-ED, ES) amending at 1st reading of the codecision\n procedure, the proposal for a regulation of the European Parliament and of\n the Council establishing the European Electronic Communications Market\n Authority.
The salient\n issues are as follows:
Body of\n European Regulators in Telecom (BERT): with a view\n to ensuring the effective and consistent implementation of a regulatory\n framework on electronic communications, MEPs propose to set up of a Body of\n European Regulators in Telecom composed of 27 national regulatory\n authorities, as an alternative to the European Electronic Communications\n Market Authority (EECMA) advocated by the European Commission. Furthermore,\n it shall advise the Commission and assist the NRAs in all matters within the\n scope of the tasks assigned to the NRAs by the Framework Directive and the\n Specific Directives.
Role and tasks: BERT shall carry out its tasks in\n cooperation with NRAs and the\n Commission. BERT shall serve as a means for the\n exchange of information and the adoption of consistent decisions by NRAs. It\n shall provide an organisational basis for the decision-making of NRAs. It\n shall adopt common positions and comments. Furthermore, it shall advise the Commission\n and assist the NRAs in all matters within the scope of the tasks assigned to\n the NRAs by the Framework Directive and the Specific Directives. The\n Commission and NRAs shall take the utmost account of the opinion of BERT.\n Where BERT proposes alternative solutions in the light of different market conditions\n and path dependence of different regulatory approaches, NRAs shall consider\n which solution fits best into their regulatory approach. NRAs and the Commission\n shall make public the manner in which the opinion of BERT has been taken into\n account.
Spectrum\n policy: upon request, BERT shall provide advice\n to the Commission, the Radio Spectrum Policy Group (“RSPG”) or the Radio\n Spectrum Committee (“RSC”), as appropriate, in relation to matters within the\n scope of its functions which affect or are affected by the use of radio\n frequencies for electronic communications in the Community. It shall work in\n close cooperation with the RSPG and the RSC as appropriate.
Separation\n of BERT and ENISA: MEPs state that BERT should\n not take over tasks relating to network and information security. The\n Commission had originally proposed merging the existing European Network and\n Information Security Agency (ENISA) with the new European Electronic\n Communications Market Authority (EECMA). In addition, numbering issues, in\n accordance with the (Framework Directive) and access to numbers and services\n in the Community, in accordance with the Universal Service Directive are\n competence which should remain with the Member States.
Structure\n and staff: BERT shall comprise a board of\n Regulators Board representing 27 national regulatory authorities and a Managing\n Director whose term of office shall be 5 years. When carrying out the tasks conferred upon it by this Regulation,\n the Board of Regulators shall act independently and shall not seek or take\n instructions from any Member State or any public or private interest. The\n European Parliament may request either the Chairperson of the Board of\n Regulators or the Managing Director to address it on relevant issues relating\n to BERT's activities. The committee responsible in the European Parliament\n may ask the Managing Director to take the floor and to answer any questions\n put by its Members. The Staff Regulations of\n Officials of the European Communities shall apply to the staff of BERT.
Funding: the new Body of European Regulators in\n Telecommunications (BERT) should be funded by the Community (one third) and\n by direct contributions from national regulatory authorities (two thirds),\n according to an amendment adopted by the committee. However, the rapporteur\n and shadow rapporteurs agreed to review these funding provisions ahead of the\n plenary vote.
Report: within 3 years of the effective start of\n operations, the Commission shall publish an evaluation report on the\n experience acquired as a result of the operation of BERT. The European\n Parliament shall issue an opinion on the evaluation report. On 1 January 2014 a review shall take place to evaluate whether it\n is necessary to extend the mandate of BERT. In case an extension is\n justified, budgetary and procedural regulations, as well as human resources,\n shall be reviewed.
\nThe European\n Parliament adopted by 490 votes to 105, with 14 abstentions, a legislative\n resolution amending the proposal for a regulation of the European Parliament\n and of the Council establishing the European Electronic Communications Market\n Authority, also approved by the Committee on Industry.
The report had\n been tabled for consideration in plenary by Pilar del CASTILLO VERA\n (EPP-ED, ES) on behalf of the Committee on Industry, Research and Energy.
The main\n amendments – at 1st reading of the co-decision procedure – are as\n follows:
Body of European\n Regulators in Telecom (BERT): with a view to\n ensuring the effective and consistent implementation of a regulatory\n framework on electronic communications, MEPs propose to set up of a Body of\n European Regulators in Telecom composed of 27 national regulatory\n authorities, as an alternative to the European Electronic Communications\n Market Authority (EECMA) advocated by the European Commission. The European\n Commission shall consult BERT in carrying out its functions under the\n Framework Directive and the Specific Directives.
Role and\n tasks: BERT shall carry out its tasks in\n cooperation with NRAs and the Commission. BERT shall serve as a means for the\n exchange of information and the adoption of consistent decisions by NRAs. It\n shall provide an organisational basis for the decision-making of NRAs. It\n shall adopt common positions and comments. Furthermore, it shall advise the\n Commission and assist the NRAs in all matters within the scope of the tasks\n assigned to the NRAs by the Framework Directive and the Specific Directives. The\n European Parliament and the Council shall adopt a decision establishing an\n office to ensure appropriate resources for BERT.
BERT may issue\n opinions at the request of the European Parliament, the Commission, or on its\n own initiative. It shall develop common positions, guidelines and best\n practices for the imposition of regulatory remedies at the national level and\n monitor their implementation across Member States. The Commission and NRAs\n shall take the utmost account of the opinion of BERT. Where BERT proposes\n alternative solutions in the light of different market conditions and\n different regulatory approaches, NRAs shall consider which solution fits best\n into their regulatory approach. NRAs and the Commission shall make public the\n manner in which the opinion of BERT has been taken into account.
Spectrum\n policy: upon request, BERT shall provide advice\n to the Commission, the Radio Spectrum Policy Group (“RSPG”) or the Radio\n Spectrum Committee (“RSC”), as appropriate, in relation to matters within the\n scope of its functions which affect or are affected by the use of radio\n frequencies for electronic communications in the Community. It shall work in\n close cooperation with the RSPG and the RSC as appropriate.
Separation\n of BERT and ENISA: MEPs state that BERT should\n not take over tasks relating to network and information security. The\n Commission had originally proposed merging the existing European Network and\n Information Security Agency (ENISA) with the new European Electronic\n Communications Market Authority (EECMA).
Structure: BERT shall comprise a Board of Regulators representing 27\n national regulatory authorities and a Managing Director whose term of office\n shall be 5 years. Before appointment of the Managing Director, the\n suitability of the candidate selected by the Board of Regulators may be\n subject to a non-binding opinion of the European Parliament and the\n Commission. When carrying out its tasks, the Board of Regulators shall act\n independently. The European Parliament may request either the Chairperson of\n the Board of Regulators or the Managing Director to address it on relevant\n issues relating to BERT's activities. If necessary, the responsible committee\n of the European Parliament may invite the Managing Director to answer\n questions put by its members.
Funding: BERT shall be financed by a subsidy from the Community and a\n financial contribution from each NRA. Each Member State shall ensure that\n NRAs have the adequate financial resources required to participate in the\n work of BERT. The Board or Regulators shall agree, at the latest, six months\n after the entry into force of this Regulation, the level of the financial\n contribution to be made by each Member State.
Report: within three years of the effective start of operations, the\n Commission shall publish an evaluation report on the experience acquired as a\n result of the operation of BERT. The European Parliament shall issue an\n opinion on the evaluation report. By 1 January 2014 a review shall take place to evaluate whether it is necessary to extend the mandate of BERT. In\n case an extension is justified, budgetary and procedural regulations, as well\n as human resources, shall be reviewed.
\nThe amended\n proposal adapts the original proposal on a number of points as suggested by\n the European Parliament.
It is recalled that the proposal aims to establish a European\n Electronic Communications Market Authority which is part of the EU regulatory\n package for electronic communications proposed by the Commission with the aim\n of simplifying and improving the quality of the regulatory environment,\n completing the single market and ensuring that consumers can reap the full\n benefit of a dynamic and increasingly borderless communications market.
The objective of the proposed Regulation is to establish a\n specialised and independent expert body to assist the Commission and the\n national regulatory authorities in the implementation of the EU regulatory\n framework for electronic communications.
The Authority would complement at European level the regulatory\n tasks performed at national level by the regulatory authorities, in\n particular by providing:
The European Parliament adopted 164 amendments at 1st reading\n on 24 September 2008. In its amended proposal, the Commission accepts 75 of\n these amendments in their entirety. It accepts 32 in part or subject to rewording. In particular, the Commission accepts the establishment of a new\n body called \"Body of European Telecoms Regulators\" and\n inserts some new drafting underlying the importance of reinforcing the\n cooperation between national regulatory authorities.
It should be\n noted that the Commission rejected 57 amendments.
\nThe Council\n adopted its common position with the aim of improving and bolstering existing\n structures, notably the European Regulators Group (ERG). The proposed new\n body is intended to replace the ERG and improve its functioning so as to ensure\n greater transparency and efficiency in the decision-making process. The\n Council has opted to give the ERG formal status in a Community regulation by\n laying down a more precise definition of its tasks, its functioning and its\n relations with the Community Institutions.
Although the Council\n has opted for a different type of legal act from that proposed by the Commission,\n the common position incorporates most of the European Parliament's first-reading\n amendments either in full, in part or in essence.
(1) Subject\n matter, scope and aims: the Council agrees with\n the Commission and the European Parliament that a new body should be created\n as part of the internal market for electronic communications networks and\n services. The new body would have an advisory role and should:
The Council shares\n the view of the Commission and the European Parliament that the new body's\n activities should come within the scope of the Framework Directive and the\n specific directives and should be clearly defined.
Like the\n European Parliament, the Council considers that the Group of European Regulators\n in Telecoms (GERT) should also draw up and disseminate among NRAs regulatory\n best practice, such as common approaches, methodologies or guidelines on\n implementation of the regulatory framework. It further agrees with both\n institutions that ENISA (European Network and Information Security Agency)\n should not form part of the new body, which should have no competence at\n European level in matters concerning network and information security.
Unlike the\n European Parliament, the Council considers that the name GERT (Group of\n European Regulators in Telecoms) would be more appropriate for the new body\n than BERT (Body of the European Telecoms Regulators). It feels, however, that\n GERT should neither have the characteristics of an agency nor legal\n personality. Like the European Parliament, the Council considers that GERT\n would provide expertise and would establish confidence by virtue of its independence,\n the quality of the advice it delivers and the information it disseminates,\n the transparency of its procedures and methods of operation, and its diligence\n in performing tasks.
Regarding GERT's\n assignments the Council, unlike the European Parliament, feels that the\n Group should focus on matters concerning economic regulation of electronic\n communications markets and avoid pursuing tasks which have not been clearly\n defined in advance. The Council does not share the European Parliament's view\n that GERT should also provide advice for market players. The Council thinks\n it is right that the Group should seek to carry out its tasks in cooperation\n with existing groups and committees, but does not feel that it should advise\n them.
(2)\n Composition and operational arrangements: the\n Council agrees with the European Parliament that the new body should be composed\n of the heads or high-level representatives from the NRA established in each\n Member State with primary responsibility for overseeing the day-to-day operation\n of the market for electronic communications networks and services and that it\n should include one member per Member State. It also agrees that the Commission\n should have observer status and that the new body's Chairperson and\n Vice-Chairpersons should be elected from among its members.
The Council\n agrees with the European Parliament that the new body should carry out its\n tasks independently, impartially and transparently and take decisions on\n the basis of a two-thirds majority of the members. Like the European\n Parliament, the Council considers that the NRAs and the Commission should\n take the utmost account of opinions issued by GERT.
The Council\n agrees with the simplification of the new body's structure and tasks as\n proposed by the European Parliament, in particular compared with the\n structure proposed by the Commission and shares the European Parliament's\n opinion on some of the operational arrangements such as, for instance,\n adoption by the new body of rules of procedure or the convening of meetings. However,\n the Council favours a financial and organisational structurethat\n is les unwieldy and bureaucratic than that proposed by the European\n Parliament. The Council does not consider it necessary to provide for a Board\n of Regulators or a Managing Director post.
The Council\n considers that, in order to ensure GERT's independence, it should not\n be funded either fully or partly from the Community budget. The Council\n considers that, in order to ensure application of the principles of subsidiarity\n and proportionality, to opt for the form of a Community agency is neither\n necessary for, nor proportionate to, the tasks assigned to GERT. Regarding\n the two-and-a-half-year terms of office of the Chairperson and of the\n Vice-Chairpersons, the Council considers a shorter, one-year term of office\n more appropriate.
(3)\n Transparency and confidentiality: like the\n European Parliament, the Council feels that, where appropriate, before issuing\n opinions, recommending better regulatory practice or drawing up reports, GERT\n should consult interested parties and give them the opportunity to comment within\n a reasonable period. In principle, the results of the consultation procedure\n should be made public and indicate any reservations issued by an NRA at its\n request. The Council agrees with the European Parliament that GERT should\n carry out its activities with a high level of transparency.
\nThe Committee\n on Industry, Research and Energy adopted the recommendation for second\n reading by Pilar del CASTILLO VERA (EPP-ED, ES) modifying, under the second\n reading of the codecision procedure, the Council’s common position for\n adopting a regulation of the European Parliament and of the Council\n establishing the Group of European Regulators in Telecom (GERT).
The amendments\n were the result of a compromise negotiated by the committee responsible with\n the Council Presidency.
As part of the\n compromise, the Body of European Regulators for Electronic Communications\n (BEREC) shall be established, as well as the Office to provide BEREC\n with professional and administrative support.
Role of\n BEREC: BEREC shall:
Composition\n and organisation of BEREC: BEREC shall be\n composed of the Board of Regulators. The Board of Regulators shall be\n composed of one member per Member State who shall be the head or nominated\n high-level representative of the NRA established in each Member State with primary responsibility for overseeing the day-to-day operation of the markets\n for electronic communications networks and services. The Commission shall\n attend as observer and shall be represented at an appropriate level. The\n Board of Regulators shall act by two-thirds majority of all its members. When\n carrying out its tasks conferred upon it, BEREC shall act independently.
The Office: to provide BEREC with professional and administrative support,\n the Office should be established as a Community body with legal personality\n and should exercise the tasks conferred on it by this Regulation. This Office\n should have legal, administrative and financial autonomy, in order efficiently\n to provide BEREC with its support. The Office should comprise of a Management\n Committee and an Administrative Manager.
The\n revenues and resources of the Office shall\n consist notably of: (a) a subsidy from the Community, entered under the\n appropriate headings of the general budget of the European Union (Commission\n Section); (b) financial contributions from Member States or from their NRAs\n made on a voluntary basis.
Evaluation\n and review: within three years of the effective\n start of operations, the Commission shall publish an evaluation report on the\n experience acquired as a result of the operation of BEREC and the Office. The\n evaluation report shall cover the results achieved by BEREC and the Office\n and their respective working methods, in relation to their respective\n objectives, mandates and tasks defined in this Regulation and in their\n respective annual work programmes. The European Parliament shall issue an\n opinion on the evaluation report.
\nThe European\n Parliament approved with amendments, under the second reading of the\n codecision procedure, the Council’s common position for adopting a regulation\n of the European Parliament and of the Council establishing the Group of\n European Regulators in Telecoms (GERT).
The amendments\n adopted in plenary are the result of a compromise negotiated with the\n Council.
As part of the\n compromise, the Body of European Regulators for Electronic Communications\n (BEREC) shall be established, as well as the Office to provide\n BEREC with professional and administrative support.
Tasks: BEREC shall draw upon expertise available in the national\n regulatory authorities (NRAs) and shall carry out its tasks in cooperation\n with the NRAs and the Commission. It shall promote cooperation between NRAs,\n and between NRAs and the Commission. Furthermore, BEREC shall advise the\n Commission, and upon request, the European Parliament and the Council. The\n tasks of BEREC shall be:
NRAs and the\n Commission shall take the utmost account of any opinion, recommendation,\n guidelines, advice or regulatory best practice adopted by BEREC. BEREC may,\n where appropriate, consult the relevant national competition authorities\n before issuing its opinion to the Commission.
Composition\n and organisation of BEREC: BEREC shall be\n composed of the Board of Regulators. The Board of Regulators shall be\n composed of one member per Member State who shall be the head or nominated\n high-level representative of the NRA established in each Member State with primary responsibility for overseeing the day-to-day operation of the markets\n for electronic communications networks and services. The Commission shall\n attend as observer and shall be represented at an appropriate level.
The Board of\n Regulators shall act by two-thirds majority of its all members unless\n otherwise provided in this Regulation or in the Framework Directive or the\n Specific Directives. Each member or alternate shall have one vote. These\n decisions shall be made public, and shall indicate the reservations of an NRA\n at its request.
When carrying\n out its tasks conferred upon it by this Regulation, BEREC shall act\n independently. The Members of the Board of Regulators shall neither seek nor\n accept any instruction from any government, from the Commission, or from any\n other public or private group.
The Office: to provide BEREC with professional and administrative support,\n the Office should be established as a Community body with legal personality\n and should exercise the tasks conferred on it by this Regulation. This Office\n should have legal, administrative and financial autonomy, in order\n efficiently to provide BEREC with its support. The Office should comprise of\n a Management Committee and an Administrative Manager.
The revenues\n and resources of the Office shall consist notably of: (a) a subsidy from the\n Community, entered under the appropriate headings of the general budget of\n the European Union (Commission Section); (b) financial contributions from\n Member States or from their NRAs made on a voluntary basis.
Evaluation\n and review: within three years of the effective\n start of operations, the Commission shall publish an evaluation report on the\n experience acquired as a result of the operation of BEREC and the Office. The\n evaluation report shall cover the results achieved by BEREC and the Office\n and their respective working methods, in relation to their respective\n objectives, mandates and tasks defined in this Regulation and in their\n respective annual work programmes. The European Parliament shall issue an\n opinion on the evaluation report.
Note that this\n proposal is part of the “telecom package” which includes the revision\n of the electronic communications framework and the citizens’ rights directive.\n Given that MEPs could not reach a compromise with the Council on the\n framework directive and that all three proposals are interlinked, it is\n likely that the whole package will go to conciliation in the next\n legislature.
\nPURPOSE: to establish the Body of European Regulators for\n Electronic Communications (BEREC) and the Office, in view of the need to\n ensure the development of consistent regulatory practice and the consistent\n application of the EU regulatory framework in this area.
LEGISLATIVE ACT: Regulation No (EC) No 1211/2009 of the\n European Parliament and of the Council establishing the Body of European\n Regulators for Electronic Communications (BEREC) and the Office.
CONTENT: following an agreement reached with the European\n Parliament at second reading, the Council adopted a regulation establishing\n the Body of European Regulators for Electronic
Communications (BEREC), a new independent authority\n working in cooperation with national regulatory authorities and the\n Commission.
This Regulation constitutes part of the “Telecoms Package”\n which also includes the reform\n of the EU’s regulatory framework for electronic communications networks and\n services and the Directive\n on users’ rights.
The Regulation establishes a two-tier structure:
BEREC\n would assist the Commission and the national regulators with expert advice in\n the range of their responsibilities under the EU regulatory framework for\n electronic communications. It should provide expertise and establish confidence\n by virtue of its independence, the quality of its advice and information, the\n transparency of its procedures and methods of operation, and its diligence in\n performing its tasks.BEREC\n should also serve as a body for reflection, debate and advice for the\n European Parliament, the Council and the Commission in the electronic\n communications field.
The Office\n would provide the professional and administrative support services required\n by BEREC to fulfil its tasks and would be financed by a Community subsidy and\n financial contributions from Member States or NRAs made on a voluntary basis\n to finance specific items of operational expenditure.
Evaluation and review: within three years of the effective start of\n operations of BEREC and the Office, respectively, the Commission shall\n publish an evaluation report on the experience acquired as a result of the\n operation of BEREC and the Office. The evaluation report shall cover the\n results achieved by BEREC and the Office and their respective working\n methods, in relation to their respective objectives, mandates and tasks\n defined in this Regulation and in their respective annual work programmes. The\n European Parliament shall issue an opinion on the evaluation report.
ENTRY INTO FORCE: 07/01/2010.
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