2016/0288(COD) | [ParlTrack]

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

(e) taking due account of the variety of conditions relating to infrastructure, ~~competition and consumer~~as well as service competition and end-users' circumstances that exist in the various geographic areas within a Member State;

Amendment 101 #

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

(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition on the retail market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.deleted

Amendment 102 #

Proposal for a directive
Article 4 – paragraph 4 a (new)

4a. The provisions of this Directive shall be without prejudice to existing EU law and to measures taken at national level for the allocation of radio spectrum as a valuable public asset which aims to pursue general interest objectives to organize and use spectrum for public order, security and defence and to promote media pluralism and cultural, linguistic and media diversity.

Amendment 103 #

Bogdan Brunon WENTA, Stefano MAULLU

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8

– ~~dealing~~ensuring compliance with ~~issu~~rules related to open internet access;

Amendment 104 #

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1

Member States and their competent authorities shall ensure that the use of radio spectrum is organised on their territory in a way that no other Member State is impeded, in particular due to cross-border harmful interference between Member States, from allowing on its territory the use of ~~harmonised~~ radio spectrum in accordance with Union legislation.

Amendment 105 #

Bogdan Brunon WENTA, Stefano MAULLU

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

They shall take all necessary measures to this effect while taking into account their national needs and without prejudice to their obligations under international law and relevant international agreements such as the ITU Radio Regulations.

Amendment 106 #

Proposal for a directive
Article 28 – paragraph 4

4. At the request of a Member State or upon its own initiative, the Commission may, taking utmost account of the opinion of the Radio Spectrum Policy Group, adopt ~~implementing measures~~delegated act to resolve cross- border harmful interferences between two or several Member States which prevent them from using the harmonised radio spectrum in their territory. Those ~~implementing~~delegated acts shall be adopted in accordance with ~~the examination procedure referred to in Article 110(4)~~Article 109 and shall be based on European and national rules for the allocation of spectrum used at the national level for broadcasting services.

Amendment 107 #

Proposal for a directive
Article 32 – paragraph 2

2. National regulatory authorities shall contribute to the development of the internal market by working with each other and with the Commission and BEREC in a transparent manner so as to ensure the consistent application, in all Member States, of the provisions of this Directive. To this end, they shall, in particular, work with the Commission and BEREC to identify the types of instruments and remedies best suited to address particular types of situations in the marketplace. However, the national authorities shall be empowered first and foremost to enforce and defend the decisions of their respective governments and not be subject to the authority of the Commission in that area.

Amendment 108 #

Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2

it shall make the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member States, at the same time, together with the reasoning on which the measure is based, in accordance with Article 20(3), and inform the Commission, BEREC and other national regulatory authorities and stakeholders thereof. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within one month. The one-month period may not be extended.

Amendment 109 #

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

(c) take a decision requiring the national regulatory authority concerned to withdraw the draft measure, where BEREC shares the serious doubts of the Commission. The decision shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted, together with specific proposals for amending the draft measure. In this case, the procedure referred to in Article 32 (6) shall apply mutatis mutandis.deleted

Amendment 110 #

Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – point b

(b) ensure effective and efficient use of radio spectrum, but at the same time taking into account of the public interest and the social, cultural and economic value of spectrum as a whole; and

Amendment 111 #

Proposal for a directive
Article 35 – paragraph 4 – point f a (new)

(fa) the principles of services and technological neutrality and of effective and efficient use of spectrum;

Amendment 112 #

Proposal for a directive
Article 40 – paragraph 1

1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services. The digital strategy of some foreign powers is to limit access, above all, to their data. That is not the case with the European Union, which therefore does not provide Member States or their users with the best security for.

Amendment 113 #

Proposal for a directive
Article 40 – paragraph 2

2. Member States shall ensure that undertakings providing public communications networks take all appropriate steps to guarantee the integrity of their networks, and thus ensure the continuity of supply of services provided over those networks. Those undertakings shall preferably be wholly European, particularly when it comes to their decision-making centres, R&D centres, manufacturing sites and capital.

Amendment 114 #

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point h a (new)

(ha) ensuring that any change in policy with regard to the efficient use of spectrum takes account of its impact on the public interest in terms of interference and costs;

Amendment 115 #

Bogdan Brunon WENTA, Stefano MAULLU

Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part

In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC, and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and the Decision on the use of the 470-790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:

Amendment 116 #

Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part

In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and Decision No .../2017/EU on the use of the 470-790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:

Amendment 117 #

Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – introductory part

Member States ~~may~~shall, however, provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services ~~where this is necessary~~in order to:

Amendment 118 #

Proposal for a directive
Article 45 – paragraph 5 – subparagraph 3

A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined the Union and by Member States in accordance with Union law.

Amendment 119 #

Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point a

(a) the specific characteristics of the radio spectrum concerned and the current and planned use of different available radio spectrum bands;

Amendment 120 #

Proposal for a directive
Article 53 – paragraph 1 – introductory part

In order to coordinate the use of harmonised radio spectrum in the Union and taking due account of the different national market situations and without prejudice to existing European rules, the Commission may, by way of a~~n implementing measure~~ delegated act:

Amendment 121 #

Proposal for a directive
Article 53 – paragraph 2

Those ~~implementing measure~~delegated acts shall be adopted in accordance with the examination procedure referred to in Article 1~~10(4)~~09, taking utmost account of the opinion of the Radio Spectrum Policy Group.

Amendment 122 #

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

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, including total conversation services, exercising their responsibility in a way that promotes efficiency, sustainable competition, media pluralism, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

Amendment 123 #

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

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3 , encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, media pluralism, the deployment of very high capacity networks , efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

Amendment 124 #

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

National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, ~~the deployment of very high capacity networks,~~ efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

Amendment 125 #

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

(d) to the extent that is necessary to ensure accessibility for end-users ~~to digital radio and television broadcasting services specified by the Member State, obligations on operators to provide access to the other faciliti~~including for end-users with disabilities, to digital radio and audiovisual media services as well as related complementary services specified by the Member State, obligations on operators to provide access to the other facilities and obligations on devices, graphical user interfaces and operating systems to provide access to radio and audio or audiovisual media services referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.

Amendment 126 #

Proposal for a directive
Article 60 – paragraph 4

(4) Conditions applied in accordance with this ~~Articl~~Directive are without prejudice to the ability of Member States to impose obligations in relation to the presentational aspect of electronic programme guides and ~~simila~~other listing and navigation facilities.

Amendment 127 #

Proposal for a directive
Article 65 – paragraph 4 a (new)

4a. The national regulatory authority may also impose obligations in relation to electronic communication networks or services owned or controlled by an operator with significant market power, which is also closely related to other markets and industries if there is a real risk that the market power held by the electronic communication operator can be or is used to leveraged its power or discriminate against its competitors in other closely related markets or industries.

Amendment 128 #

Proposal for a directive
Article 66 – paragraph 4

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

Amendment 129 #

Proposal for a directive
Article 66 – paragraph 6

6. National regulatory authorities shall consider the impact of new market developments~~, such as in relation to commercial agreements, including co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics~~. If these developments are not sufficiently important in order to determine the need to undertake a new market analysis in accordance with Article 65, the national regulatory authority shall assess whether it is necessary to review the obligations imposed on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.

Amendment 130 #

1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, ~~building cables including wiring,~~ antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest.

Amendment 131 #

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

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

Amendment 132 #

Proposal for a directive
Article 79 – title

Available and affordable universal service

Amendment 133 #

Proposal for a directive
Article 79 – paragraph 1

1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available ~~functional~~ internet access and voice communications services at ~~the~~a minimum level of quality specified in their territory, including the underlying connection, at least at a fixed location. Member States shall ensure that the services provided through the universal service obligation under this Directive must comply with the requirements of Union legislation on open internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015.

Amendment 134 #

Proposal for a directive
Article 79 – paragraph 1

1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at the quality specified in their territory, including the underlying connection, ~~at least~~both at a fixed location and by way of mobile connection.

Amendment 135 #

Proposal for a directive
Article 79 – paragraph 2

2. Member States shall define the ~~functional~~minimum level of internet access ~~service~~ referred to in paragraph 1 with a view to adequately reflect the services used by the majority of end-users in their territory. To that end, ~~the functional internet access service shall be capable of supporting~~Member States shall be guided by the minimum set of services set out in Annex V.

Amendment 136 #

Proposal for a directive
Article 79 – paragraph 3 a (new)

3a. Where a connection at a fixed location as referred to in paragraph 1 could be unreasonably burdensome on the undertakings providing such services, the connection may be provided only by way of mobile connection.

Amendment 137 #

Proposal for a directive
Article 80 – paragraph 2

2. ~~Where~~ Member States ~~establish that, in the light of national conditions,~~shall ensure that retail prices for services identified in Article 79(1) are ~~not~~ affordable, because low-income or special social needs end- users are prevented from accessing such services, they may require undertakings which provide such services to offer to those end-users tariff options or packages different from those provided under normal for all end- users, including end-users with the lowest incomme~~rcial conditions. To that end, Member States may require such undertakings to apply common tariffs, including geographic averaging, throughout the territory~~ and special social needs. Member States shall ensure that all end-users ~~entitled to such tariff options or packages~~ have a right to contract with an undertaking providing the services identified in Article 79(1) and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service.

Amendment 138 #

Proposal for a directive
Article 80 – paragraph 3

3. Member States shall ensure that undertakings which provide tariff options or packages to low-income or special social needs end-users pursuant to paragraph 2, keep the national regulatory authorities informed of the details of such offers. National regulatory authorities shall ensure that the conditions under which undertakings provide tariff options or packages pursuant to paragraph 2 are fully transparent and are published and applied in accordance with the principle of non-discrimination. National regulatory authorities may require that specific schemes be modified or withdrawn.deleted

Amendment 139 #

Proposal for a directive
Article 80 – paragraph 4

4. Member States may, in the light of national conditions, ensure that support is provided to low-income or special social needs end-users in view of ensuring affordability of functional internet access and voice communications services at ~~least at~~ a fixed location and by way of mobile connection.

Amendment 140 #

Proposal for a directive
Article 81 – paragraph 2

2. Member States shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voice communications service, whilst respecting the principles of objectivity, transparency, non-discrimination and proportionality. They shall seek to minimise market distortions, in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions, whilst safeguarding the public interest.deleted

Amendment 141 #

Proposal for a directive
Article 81 – paragraph 3

3. In particular, where Member States decide to impose obligations to ensure the availability at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with Article 79(2) and of voice communications service, they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with Article 79(2) and of voice communications service in order to cover all the national territory. Member States may designate different undertakings or sets of undertakings to provide functional internet access and voice communications services at a fixed location and by way of mobile connection and/or to cover different parts of the national territory.

Amendment 142 #

Proposal for a directive
Article 81 – paragraph 4

4. When Member States designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with Article 79(2) and of voice communications service, they shall do so using an efficient, objective, transparent and non- discriminatory designation mechanism, whereby no undertaking is a priori excluded from being designated. Such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost-effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with Article 84.

Amendment 143 #

Proposal for a directive
Article 81 – paragraph 5

5. When an undertaking designated in accordance with paragraph 3 intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership, it shall inform in advance the national regulatory authority in a timely manner, in order to allow that authority to assess the effect of the intended transaction on the provision at a fixed location and by way of mobile connection of functional internet access service as defined in accordance with Article 79(2) and of voice communications service. The national regulatory authority may impose, amend or withdraw specific obligations in accordance with Article 13(2).

Amendment 144 #

Proposal for a directive
Article 82 – paragraph 1

Member States may continue to ensure the availability or affordability of other services than functional internet access service as defined in accordance with Article 79(2) and voice communications service at a fixed location and by way of mobile connection that were in force prior to [set date], if the need for such services is duly demonstrated in the light of national circumstances. When Member States designate undertakings in part or all of the national territory for the provision of those services, Article 81 shall apply. Financing of these obligations shall comply with Article 85.

Amendment 145 #

Dominique BILDE

Proposal for a directive
Article 94 – paragraph 1

Member States shall not maintain or introduce in their national law end-user protection provisions on the subject- matters covered by this Title and diverging from the provisions laid down in this Title, including more or less stringent provisions to ensure a different level of protection, unless otherwise provided for in this Title.deleted

Amendment 146 #

Proposal for a directive
Article 94 – paragraph 1

Member States shall ~~not~~ maintain orand introduce in their national law end-user protection provisions on the subject- matters covered by this ~~Title and diverging from the provisions laid down in this~~ Title, including more ~~or less~~ stringent provisions to ensure a ~~different~~higher level of protection~~, unless otherwise provided for in this Title~~ for the end user.

Amendment 147 #

Proposal for a directive
Article 105 – title

Interoperability of consumer digital television and radio equipment

Amendment 148 #

In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer digital television and radio equipment referred to therein.

Amendment 149 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States ~~may~~shall impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and ~~television broadcast channel~~audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access ~~for disabled end-users and data supporting~~to content and electronic programming guides for end-users with disabilities and data supporting and enabling end-users access to connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or ~~television broadcast channel~~audiovisual media services to the public where a significant number of end- users of such networks and services use them as their principal means to receive radio and ~~television broadcast channel~~audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 150 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users with disabilities and data supporting and enabling end-user access to connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 151 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them ~~as their principal means~~ to receive radio and television broadcast channels. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 152 #

Proposal for a directive
Article 106 – paragraph 2

(2) Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration ishould be provided for, it will require a legal regulation that also stipulates the remuneration sum; Member States shall also ensure that it is applied in a proportionate and transparent manner.

Amendment 153 #

Proposal for a directive
Article 106 – paragraph 2

2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by legal provisions, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.

Amendment 154 #

Proposal for a directive
Annex II – part 2 – point b

(b) Access to electronic programme guides (EPGs), including data for connected television services and data to access these services.

Amendment 155 #

Proposal for a directive
Annex V – subheading 1

MINIMUM LIST OF SERVICES WHICH THE FUN~~CTIONAL INTERNET ACCESS SERVICE SHALL BE CAPABLE OF SUPPORTING~~IVERSAL SERVICES OBLIGATION SHALL PROVIDE IN ACCORDANCE WITH ARTICLE 79~~(2)~~

Amendment 156 #

Proposal for a directive
Annex V – point 10

(10) social media and instant messaging, including real time text

Amendment 157 #

Proposal for a directive
Annex V – point 11

(11) calls and video calls (standard quality suitable for sign language use)

Amendment 158 #

Proposal for a directive
Annex V – point 11 a (new)

(11a) audiovisual media services and radio services

Amendment 159 #

Proposal for a directive
Annex V – point 11 a (new)

(11a) radio services

Amendment 160 #

Proposal for a directive
Annex X – subheading 1

INTEROPERABILITY OF ~~DIGITAL~~ CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105

Amendment 161 #

Proposal for a directive
Annex X – part 2 a (new)

2a. MULTINORM FUNCTIONALITY FOR RADIO RECEPTION All consumer equipment enabling the reception of radio and/or audio signals, which is put on the market in the Union is to possess the capability to receive radio in an analogue and digital radio and via IP networks, in accordance with standards adopted by a recognized European standards organisation. Where a portable device sold in the Union includes an analogue and/or digital radio receiver, this shall be activated.

Amendment 162 #

Proposal for a directive
Annex X – part 2 a (new)

2a. INTEROPERABILITY FOR ANALOGUE AND DIGITAL RADIO RECEIVING DEVICES All consumer equipment enabling the reception of radio and/or audio signals made available in the Union, is to possess the capability to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks.

Amendment 40 #

Patrick O'FLYNN

Proposal for a directive
–

The Committee on Culture and Education calls on the Committee on Industry, Research and Energy, as the committee responsible, to propose rejection of the Commission proposal.

Amendment 41 #

Proposal for a directive
Recital 3

(3) In the Digital Single Market strategy, the Commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment in high-speed broadband networks, bring a more consistent single market approach to spectrum policy and management, deliver conditions for a true single market by tackling regulatory fragmentation, ensure a level playing field for all market players and consistent application of the rules, as well as provide a more effective regulatory institutional framework. Wholly European infrastructures need to be developed to address competition from Asia and the United States, in particular; however the current Digital Single Market strategy overlooks that essential fact.

Amendment 42 #

Proposal for a directive
Recital 5

(5) This Directive should create a legal framework to ensure the freedom to provide electronic communications networks and services, subject only to the conditions laid down in this Directive and to any restrictions in conformity with Article 52 (1) of the Treaty, in particular measures regarding public policy, public security and public health. It should also ensure a wholly European digital strategy and enable digital businesses to be developed, but at the same time guarantee the digital sovereignty of citizens’ data.

Amendment 43 #

Proposal for a directive
Recital 6

(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy, public morality and public security, and to permit the investigation, detection and prosecution of criminal offences. This Directive does not take sufficient account of national specificities, in particular with regard to consumer protection and the processing of personal data.

Amendment 44 #

Sabine VERHEYEN, Bogdan Brunon WENTA

Proposal for a directive
Recital 8

(8) This Directive does not affect the application to radio equipment of Directive 2014/53/EU, but does cover consumer equipment used for radio and digital television.

Amendment 45 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to ~~what a network ba~~thosed on optical fibre ~~element~~networks at least up to the distribution point at the serving location can deliver such as fibre to the home networks. This corresponds in the fixed- line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 46 #

Proposal for a directive
Recital 16

(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied against counter-performance other than money, for instance by giving access to personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user actively provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cookie). In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24, remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. However, the fact that not all the necessary steps have been taken to ensure that information about users and the storing or processing of such information outside EU territory, by non-European businesses is a severe handicap on the European digital economy. _________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.

Amendment 47 #

Proposal for a directive
Recital 22

(22) The activities of competent authorities established under this Directive contribute to the fulfilment of broader policies in the areas of culture and cultural diversity, media pluralism, employment, the environment, social cohesion and town and country planning.

Amendment 48 #

Proposal for a directive
Recital 23

(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas. The digital strategy should focus on building a wholly European digital sector that promotes a vision of strategic independence rather than emphasising the purely commercial aspects.

Amendment 49 #

Proposal for a directive
Recital 27

(27) It is necessary to give appropriate incentives for investment in new very high capacity networks that will support innovation in content-rich Internet services and strengthen the international competitiveness of the European Union. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is therefore vital to promote sustainable investment in the development of these new networks, while safeguarding competition and boosting consumer choice through regulatory predictability and consistency. However, these aspirations will be doomed to fail against US and Asian competition if the European Union does not come up with a digital sector that is wholly European from every angle.

Amendment 50 #

Proposal for a directive
Recital 31

(31) National borders are increasingly irrelevant in determining optimal radio spectrum use. Undue fragmentation amongst national policies regarding the management of radio spectrum, including unjustified different conditions for access to, and use of, radio spectrum according to the type of operator, may result in increased costs and lost market opportunities for spectrum users. It may slow down innovation, limit investment, reduce economies of scale for manufacturers and operators as well as create tensions between rights holders and discrepancies in the cost of access to spectrum. This fragmentation may overall result in a distortion of the functioning of the internal market and prejudice to consumers and the economy as a whole. It is, however, dangerous to seek to remove national borders in this field because the European digital sector is not fully safeguarded and there is a real disparity between countries with regard to consumers.

Amendment 51 #

Proposal for a directive
Recital 59

(59) Information that is considered confidential by a competent authority, in accordance with Union and national rules on business confidentiality and protection of personal data, may be exchanged with the Commission and other national regulatory authorities and BEREC where an exchange is necessary for the application of the provisions of this Directive. The information exchanged should be limited to that which is relevant and proportionate to the purpose of the exchange.deleted

Amendment 52 #

Proposal for a directive
Recital 67

(67) Lack of coordination between Member States when organising the use of spectrum in their territory can create large- scale interference issues severely impacting the development of the Digital Single Market. Member States should take all necessary measures to avoid cross- border and harmful interference and cooperate with each other to that end. Upon request of one or more Member States or of the Commission, the Radio Spectrum Policy Group should be tasked with supporting the necessary cross-border coordination. Building on RSPG's proposed solution, an ~~implementing measure~~d delegated acts may be required in some circumstances to definitively resolve cross- border interferences or to enforce under Union law a coordinated solution agreed by two or several Member States in bilateral negotiations.

Amendment 53 #

Proposal for a directive
Recital 79

(79) Having regard to the short time- limits in the Union consultation mechanism, powers should be conferred on the Commission to adopt recommendations and/or guidelines to simplify the procedures for exchanging information between the Commission and national regulatory authorities, for example in cases concerning stable markets, or involving only minor changes to previously notified measures. ~~Powers should also be conferred on the Commission to allow for the introduction of a notification exemption with the idea of streamlining procedures in certain cases.~~

Amendment 54 #

Proposal for a directive
Recital 82

(82) Measures that could affect trade between Member States are measures that may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States in a manner which might create a barrier to the single market. They comprise measures that have a significant impact on operators or users in other Member States, which include, inter alia: measures which affect prices for users in other Member States; measures which affect the ability of an undertaking established in another Member State to provide an electronic communications service, and in particular measures which affect the ability to offer services on a transnational basis; and measures which affect market structure or access, leading to repercussions for undertakings in other Member States.deleted

Amendment 55 #

Proposal for a directive
Recital 86

(86) Member States should be encouraged to consider joint authorisations as an option when issuing rights of use where the expected usage covers cross- border situations. It should, however, be for each Member State to make the final decision in that respect.

Amendment 56 #

Proposal for a directive
Recital 101

(101) Radio spectrum is a scarce public resource with an important public and market value. Radio spectrum serves the public interest in a wide range of societal, cultural, social and economic objectives, for public access to information, the right of freedom of expression and media pluralism. It is an essential input for radio- based electronic communications networks and services and, in so far as it relates to such networks and services, should therefore be efficiently allocated and assigned by national regulatory authorities according to harmonised objectives and principles governing their action as well as to objective, transparent and non- discriminatory criteria, taking into account the democratic, social, linguistic and cultural interests related to national and regional characteristics to the use of frequencies.. 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)33 establishes a framework for harmonisation of radio spectrum,. _________________ 33 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) (OJ L 108, 24.4.2002).

Amendment 57 #

Proposal for a directive
Recital 102

(102) Radio spectrum policy activities in the Union should be without prejudice to measures taken, at Union or national level, in accordance with Union law, to pursue general interest objectives, in particular with regard to content regulation and audiovisual and media policies, and the right of Member States to organise and use their radio spectrum for public order, public security and defence. As use of spectrum for military and other national public security purposes impacts on the availability of spectrum for the internal market, radio spectrum policy should take into account all sectors and aspects of Union policies and balance their respective needs, while respecting Member States' rights and competences in this field and the cultural, audiovisual and media policies of the Member States.

Amendment 58 #

Proposal for a directive
Recital 111

Amendment 59 #

Proposal for a directive
Recital 117

(117) Market conditions as well as the relevance and number of players can differ amongst Member States. While the need and opportunity to attach conditions to rights of use for radio spectrum can be subject to national specificities which should be duly accommodated, the modalities of the application of such obligations should be coordinated at EU level through Commission implementing measures to ensure a consistent approach in addressing similar challenges across the EU.deleted

Amendment 60 #

Proposal for a directive
Recital 134

(134) National legal or administrative measures that link the terms and conditions for access or interconnection to the activities of the party seeking interconnection, and specifically to the degree of its investment in network infrastructure, and not to the interconnection or access services provided, may cause market distortion and may therefore not be compatible with competition rules.deleted

Amendment 61 #

Proposal for a directive
Recital 144

(144) Competition rules alone may not be sufficient to ensure cultural diversity and media pluralism in the area of digital television. Technological and market developments make it necessary to review obligations to provide conditional access on fair, reasonable and non-discriminatory terms on a regular basis, either by a Member State for its national market or the Commission for the Union , in particular to determine whether there is justification for extending obligations to electronic programme guides (EPGs) and application programme interfaces (APIs), to the extent that is necessary to ensure accessibility for end-users to specified digital broadcasting services. Member States may specify the digital broadcasting services to which access by end-users must be ensured by any legislative, regulatory or administrative means that they deem necessary. The concept of the electronic programme guide needs to be defined in a future- proof and dynamic way, with respect both to emerging navigation and listing facilities on platforms and to developments in connected television and radio services.

Amendment 62 #

Proposal for a directive
Recital 158

(158) Ex ante regulation imposed at the wholesale level~~, which is in principle less intrusive than retail regulation, is considered sufficient~~ are necessary to tackle potential competition problems on the related downstream retail market or markets. The advances in the functioning of competition since the regulatory framework for electronic communications has been in place are demonstrated by the progressive deregulation of retail markets across the Union. Further, the rules relating to the imposition of ex ante remedies on undertakings with significant market power should be simplified and be made more predictable, where possible. ~~Therefore, the power of imposition of ex ante regulatory controls based on significant market power in retail markets should be repealed.~~ However, there might be instances where, in relation to closely related electronic communications network and services, large operators could also have commercial or structural links on downstream markets, such as media outlets or content platforms and thus affecting competition for the provision of those services. It is important therefore, that national regulatory authorities also evaluate and are in a position to prevent harmful links between telecom markets and other markets by ensuring that there is no negative impact on price evolution, consumer welfare, freedom of expression, net neutrality and media pluralism.

Amendment 63 #

Proposal for a directive
Recital 161

(161) Due to the high level of technological innovation and highly dynamic markets in the electronic communications sector, there is a need to adapt regulation rapidly in a coordinated and harmonised way at Union level, as experience has shown that divergence among the national regulatory authorities in the implementation of the regulatory framework may create a barrier to the development of the internal market.deleted

Amendment 64 #

Proposal for a directive
Recital 193

(193) Under Article 169 of the Treaty on the Functioning of the European Union, the Union is to contribute to the protection of consumers. The Union must also take into account the specificities of each Member State in the area of consumer protection.

Amendment 65 #

Proposal for a directive
Recital 196

(196) AThe obligation to ensure available access to affordable internet is a fundamental requirement of universal service isobligation to ensure ~~that all end- users have access~~full geographical coverage at an affordable price to available ~~functional~~ internet access and voice communications services, at least at a fixed location to all citizens, especially for socially disadvantaged communities. Member States should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move, where they deem this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations.

Amendment 66 #

Proposal for a directive
Recital 196

(196) A fundamental requirement of universal service is to ensure that all end- users have access at an affordable price to available functional internet access and voice communications services, at ~~least at~~ a fixed location and by way of mobile connection. Member States should also have the ~~possibility to~~ ensure affordability of services not provided at a fixed location but to citizens on the move, ~~where they deem~~as this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations.

Amendment 67 #

Proposal for a directive
Recital 197

(197) The speed of Internet access experienced by a given user may depend on a number of factors, including the provider(s) of Internet connectivity as well as the given application for which a connection is being used. The affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic services that reflect the services used by the majority of end-users. This minimum list of services should be further defined by Member States, in order to allow an adequate level of social inclusion and participation in the digital society and economy in their territoryavailable and affordable internet access provided under the universal service obligation should have the capacity to support access to and use of a minimum set of basic internet services needed to allow citizens an adequate level of social inclusion and participation in the digital society and economy in their territory. This would ensure that all consumers have access to what is a standard basic broadband in the Member State. The requirements of Union legislation on open internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015, should apply to any list of internet access services or minimum bandwidth adopted under the universal service obligation.

Amendment 68 #

Proposal for a directive
Recital 200

(200) Affordable price means a price defined by Member States at national level in the light of specific national conditions~~, and may involve special tariff options or packages to deal with the needs of low- income users or~~. Users with the lowest income and users with special social needs, including the elderly, the disabled and the end-users living in rural or geographically isolated areas, should be able to afford those services. These offers should be provided with basic features, in order to avoid distortion of the functioning of the market. Affordability for individual end-users should be founded upon their right to contract with an undertaking, availability of a number, continued connection of service and their ability to monitor and control their expenditure.

Amendment 69 #

Proposal for a directive
Recital 201

(201) It should no longer be possible to refuse end-users access to the minimum set of connectivity services. A right to contract with an undertaking should mean that end- users who might face refusal, in particular those with low incomes or special social needs, should have the possibility to enter into a contract for the provision of affordable functional internet access and voice communications services at ~~least at~~ a fixed location and by way of mobile connection with any undertaking providing such services in that location. In order to minimise the financial risks such as non- payment of bills, undertakings should be free to provide the contract under pre- payment terms, on the basis of affordable individual pre-paid units.

Amendment 70 #

Proposal for a directive
Recital 204

(204) In order to assess the need for affordability measures, national regulatory authorities should be able to monitor the evolution and details of offers of tariff options or packages for end-users with low incomes or special social needs.deleted

Amendment 71 #

Proposal for a directive
Recital 205

(205) Where additional measures beyond the basic tariff options or packages provided by undertakings are insufficient for ensuring affordability for end-users with low incomes or special needs, direct support such as for example vouchers to such end-users can be an appropriate alternative having regard to the need to minimise market distortions.deleted

Amendment 72 #

Proposal for a directive
Recital 206

(206) Member States should introduce measures to promote the creation of a market for affordable and accessible products and services incorporating facilities for ~~disabled~~ end- users~~, including equipment with assistive technologi~~ with disabilities, including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services. This can be achieved, inter alia, by referring to European standards, or by introducing requirements in accordance with Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services38 Member States should define appropriate measures according to national circumstances, which gives flexibility for Member States to take specific measures for instance if the market is not delivering affordable and accessible products and services incorporating facilities for ~~disabled~~ end- users with disabilities under normal economic conditions. _________________ 38 OJ C […], […], p. […].

Amendment 73 #

Proposal for a directive
Recital 209

(209) If after carrying out a due assessment, taking into account the results of the geographical survey of networks deployment conducted by the national regulatory authority, it is shown that neither the market nor public intervention mechanisms are likely to provide end-users in certain areas with a connection capable of delivering functional internet access service as defined by Member States in accordance with Article 79 (2) and voice communications services at a fixed location and by way of mobile connection, the Member State should be able to exceptionally designate different undertakings or sets of undertakings to provide these services in the different relevant parts of the national territory. ~~Universal service obligations in support of availability of functional internet access service may be restricted by Member States to the end-user’s primary location or residence.~~ There should be no constraints on the technical means by which the functional internet access and voice communications services at a fixed location are provided, allowing for wired or wireless technologies, nor any constraints on which operators provide part or all of universal service obligations.

Amendment 74 #

Proposal for a directive
Recital 211

(211) The costs of ensuring the availability of a connection capable of delivering functional internet access service as identified in accordance with Article 79 (2) and voice communications service at a fixed location and by way of mobile connection at an affordable price within the universal service obligations should be estimated, in particular by assessing the expected financial burden for undertakings and users in the electronic communications sector.

Amendment 75 #

Proposal for a directive
Recital 213

(213) When an undertaking designated to ensure the availability at a fixed location and by way of mobile connection of functional internet access or voice communications services, as identified in Article 81 of this Directive, chooses to dispose of a substantial part, viewed in light of its universal service obligation, or all, of its local access network assets in the national territory to a separate legal entity under different ultimate ownership, the national regulatory authority should assess the effects of the transaction in order to ensure the continuity of universal service obligations in all or parts of the national territory. To this end, the national regulatory authority which imposed the universal service obligations should be informed by the undertaking in advance of the disposal. The assessment of the national regulatory authority should not prejudice the completion of the transaction.

Amendment 76 #

Proposal for a directive
Recital 214

(214) In order to provide stability and support a gradual transition, Member States should be able to continue to ensure the provision of universal services in their territory, other than functional internet access and voice communications services at a fixed location and by way of mobile connection, that are included in the scope of their universal obligations on the basis of Directive 2002/22/EC at the entry into force of this Directive, provided the services or comparable services are not available under normal commercial circumstances. Allowing the continuation of the provision of public payphones, directories and directory enquiry services under the universal service regime, as long as the need is still demonstrated, would give Member States the flexibility necessary to duly take into account the varying national circumstances. However, the financing of such services should be done via public funds as for the other universal service obligations.

Amendment 77 #

Proposal for a directive
Recital 230

(230) Divergent implementation of the rules on end-user protection has created significant internal market barriers affecting both providers of electronic communications services and end-users. Those barriers should be reduced by the applicability of the same rules ensuring a high common level of protection across the Union. A calibrated full harmonisation of the end-user rights covered by this Directive should considerably increase legal certainty for both end-users and providers of electronic communications services, and should significantly lower entry barriers and unnecessary compliance burden stemming from the fragmentation of the rules. Full harmonisation helps to overcome barriers to the single market resulting from such national end-user provisions which at the same time protect national providers against competition from other Member States. In order to achieve a high common level of protection, several end-user provisions should be reasonably enhanced in this Directive in the light of best practices in Member States. Full harmonisation of their rights increases the trust of end- users in the internal market as they benefit from an equally high level of protection when using electronic communications services, not only in their Member State but also while living, working or travelling in other Member States. Member States should maintain the possibility to have a higher level of end-user protection where an explicit derogation is provided for in this Directive, and to act in areas not covered by this Directive.deleted

Amendment 78 #

Proposal for a directive
Recital 254

(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including ~~disabled~~ end- users~~, the elderly~~ with disabilities, older people, and users with special social needs, have easy and equal access to affordable and accessible high quality services. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disabilityies in drawing up measures under Article 114 of the TFEU.

Amendment 79 #

Proposal for a directive
Recital 265

(265) End-users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the Union for the reception of radio and digital television. Member States should be able to require minimum harmonised standards in respect of such equipment. Such standards could be adapted from time to time in the light of technological and market developments.

Amendment 80 #

Proposal for a directive
Recital 265 a (new)

(265a) In case of emergency, like natural disasters, the electric power supply as well as the mobile network might be shut down or overloaded. Mobile phones might therefore be the only means to receive information. As result, radio may be the only remaining tool to inform the public. Therefore, it is necessary to enable analogue and digital broadcast reception capabilities in all devices, which will be automatically activated in case of emergency. Moreover, the radio signal should be turned on automatically on consumer radio equipment.

Amendment 81 #

Proposal for a directive
Recital 266 a (new)

(266a) All consumer equipment enabling the reception of radio and audio signals should be able to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks. The radio landscape in the Union is still heterogeneous, whilst FM still used as the main broadcasting standard for radio. In order to make listeners enjoy radio when travelling across the Union independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals, especially radio receivers, should be able to receive both analogue and digital radio signals, as well as via IP networks. If markets decide to switch from analogue radio to digital, the availability of a multi standard receiver equipment will save radio stations from losing audience reach.

Amendment 82 #

Proposal for a directive
Recital 266 a (new)

(266a) Radio sets should be capable of receiving radio by analogue and digital broadcasting and/or IP networks in order to ensure that interoperability in the digital age is maintained. This will also improve public safety by allowing listeners to receive information in case of emergency of natural or manmade disaster, as well as traffic information when travelling between Member States, irrespective of the technology used. For this reason the presence of analogue and digital broadcast reception capability should be enabled in all devices and if technically possible automatically activated in case of emergency.

Amendment 83 #

Proposal for a directive
Recital 266 b (new)

(266b) Consumer equipment enabling the reception of radio and audio signals is to possess the capability to receive radio in a technology neutral manner. Therefore, independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals should be able to receive analogue and digital radio reception, and via IP networks. This should not apply to low price and smallest consumer electronics.

Amendment 84 #

Proposal for a directive
Recital 269

(269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘‘Must carry’ obligations are a safety net provided in the interest of citizens to safeguard the principles of media pluralism and cultural diversity through ensuring access to a wide range of information and public value content; 'Must carry’' obligations may be applied to specified radio and ~~television broadcast channel~~audiovisual media services and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives of the public, such as media pluralism and cultural diversity and in line with the evolution of media distribution systems, consumer trends and related business models. Member States should provide an objective justification for the ‘must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. ~~The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure.~~ Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision and rules for proportionate remuneration. Any 'must carry' obligation remains independent from, and does not prejudice, the entitlement of holders of copyright or related rights to obtain fair remuneration for the use of their works or protected subject matter on the network concerned.

Amendment 85 #

Proposal for a directive
Recital 269

(269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘Must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider, without discrimination based on the nature of their funding. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives, in particular media pluralism and cultural diversity. Member States should provide an objective justification for the ‘must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision for proportionate remuneration.

Amendment 86 #

Proposal for a directive
Recital 269

Amendment 87 #

Proposal for a directive
Recital 270

(270) ~~Network~~Electronic communications networks and services used for the distribution of radio or ~~television~~audiovisual media services broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations ~~can~~should include the transmission of services specifically designed to enable ~~appropriate access by disabled user~~equivalent access by users with disabilities. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling~~, audio description~~ for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of accessible programme-related data s~~upporting those functionalities can~~hould be included in must carry obligations.

Amendment 88 #

Sabine VERHEYEN, Bogdan Brunon WENTA

Proposal for a directive
Recital 270

(270) ~~Network~~Electronic communications networks and services used for the distribution of radio or television broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks and services to the extent that a significant number of end- users use such networks ~~as their principal means~~ to receive radio and television broadcasts. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations.

Amendment 89 #

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

(2) 'very high capacity network' means an electronic communications network which ~~either~~ consists wholly of optical fibre elements at least up to the distribution point at the serving location orunder a fibre to the home configuration or any other type of network which is capable of delivering under usual peak- time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance ~~can be considered similar regardless of wh~~will be assessed solely on the basis of technical paramether ~~the~~s and not take into account end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 90 #

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

Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States, the Commission and BEREC shall also contribute to the achievement of these objectives.

Amendment 91 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

National regulatory and other competent authorities ~~may~~shall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.

Amendment 92 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The national regulatory and other competent authorities as well as BEREC ~~shall~~and the Commission, in discharging their respective responsibilities under this Directive, shall pursue each of the general objectives listed below. The expression of the list in the order from (a) to (d) does not constitute a ranking of the general objectives:

Amendment 93 #

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

(a) promote ~~access to, and take-up of,~~the availability and affordability of and access to very high capacity data connectivity, both fixed and mobile and of interpersonal communications services, by all Union citizens and businesses;

Amendment 94 #

Proposal for a directive
Article 3 – paragraph 2 – point c

(c) contribute to the development of the internal market in particular by ensuring effective and fair competition, as well as social and territorial cohesion by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the availability and interoperability of pan- European services, and end-to-end connectivity and equivalent access for all end-users;

Amendment 95 #

Proposal for a directive
Article 3 – paragraph 2 – point c

(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for, ~~investment in and~~ the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, ~~by developing common rules and predictable regulatory approaches,~~ by favouring the effective, efficient and coordinated use of spectrum, ~~open innovation,~~ the establishment and development of trans- European networks, the availability and interoperability of pan- European services, and end-to-end connectivity;

Amendment 96 #

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

(d) promote the interests of the citizens of the Union, including cultural diversity and media pluralism and in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services including through video, real time text, and relay services for end-users with disabilities, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 97 #

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

(d) promote the interests of the citizens of the Union, including in the long term, ~~by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services,~~ by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common minimum level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 98 #

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

(a) ~~promoting regulatory predictability by~~ ensuring a consistent regulatory approach over appropriate review periods and through cooperation with each other, with BEREC and with the Commission;

Amendment 99 #

Proposal for a directive
Article 3 – paragraph 3 – point a a (new)

(aa) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;

source: 602.830

2017/04/06 ITRE 1008 amendments...

Amendment 1000 #

Proposal for a directive
Article 74

Regulatory treatment of new network elements 1. A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met: (a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; (b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks; (c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.Article 74 deleted

Amendment 1001 #

Miapetra KUMPULA-NATRI, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD, Patrizia TOIA

Proposal for a directive
Article 74

Amendment 1002 #

Proposal for a directive
Article 74 – title

Regulatory treatment of new network elements of very high capacity networks

Amendment 1003 #

Proposal for a directive
Article 74 – paragraph 1

1. A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met: (a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; (b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks; (c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.deleted

Amendment 1004 #

Proposal for a directive
Article 74 – paragraph 1

Amendment 1005 #

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

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

Amendment 1006 #

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

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

Amendment 1007 #

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

A national regulatory authority ~~shall not impose~~which intends to impose or maintain obligations as regards new network elements ~~that are part of the relevant market on w~~of very hicgh ~~it intends to impose or maintain obligation~~capacity networks in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, ifshall take into account the following cumulative conditions ~~are met~~to ensure such obligations are proportionate and justified :

Amendment 1008 #

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

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

Amendment 1009 #

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

Amendment 1010 #

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

(a) the deployment of the new network elements (i) is conducted by a joint venture established by two or more undertakings with shared ownership, and one or more undertaking participating in the joint venture provides wholesale access or competes on retail level; or (ii) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or (iii) is conducted by a single undertaking that provides a wholesale offer on terms which, similar to conditions for co- investment in subparagraph ii), favour competition in the long term by including, inter alia, fair, reasonable and non- discriminatory terms offered to potential access seekers; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;

Amendment 1011 #

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

(a) the deployment of the new network elements is either: i) open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; compliance with the criteria set out in Annex IV; or ii) is conducted by a single undertaking that provides a wholesale offer on terms which favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; mechanisms for risk-sharing; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;

Amendment 1012 #

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

Amendment 1013 #

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

(a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;. National regulatory authorities shall lay down clear conditions for co-investment in the respective Member States. Co-investment must prevent co-investors or other undertakings from being placed at a competitive disadvantage on the market. Co-investment shall ensure open access for all undertakings wishing to participate in it.

Amendment 1014 #

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

(a) the deployment of the new network elements is ~~open to~~the result of co-investment ~~offers according to a transparent process and on terms which favour~~which creates effective and sustainable competition ion the ~~long term including inter alia fair, reasonab~~objectively rele vand non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructuret market or which can reasonably be expected to do so. This is the case where the criteria laid down in Annex IV are met;

Amendment 1015 #

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

(a) the deployment of the new network elements is ~~open~~subject to a co-investment ~~offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia~~agreement where co-investment terms are open to any potential co-investors and are agreed between undertakings on the basis of fair, reasonable ~~and~~, non- discriminatory terms ~~offered to potential co-investors;~~, including technical and financial terms ; favour sustainable competition in the long term, flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;

Amendment 1016 #

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

(a) ~~the~~in deploy~~ment of~~ing the new network elements ~~is open to co-investment offers~~, investment models shall be used according to a transparent process and on terms which favour sustainable competition in the long term. These shall includ~~ing~~e inter alia co-investment models marked by fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future;, and reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;

Amendment 1017 #

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

(a) the deployment of the new network elements is ~~open to~~the subject of a co-investment ~~offers~~agreement according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;

Amendment 1018 #

Gunnar HÖKMARK, Michał BONI, Bendt BENDTSEN

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

(a) the deployment of the new network elements is open to co-investment ~~offers~~agreement according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;

Amendment 1019 #

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

(a) the deployment of the new network elements is ~~open to~~done through co-investment ~~offers~~ according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;

Amendment 1020 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a – point i (new)

i) is conducted by a joint venture established by two or more undertakings with shared ownership, and one or more undertaking participating in the joint venture provides wholesale access or competes on retail level; or

Amendment 1021 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a – point ii (new)

ii) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or

Amendment 1022 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a – point iii (new)

iii) is conducted by a single undertaking that provides a wholesale offer on terms which, similar to conditions for co-investment in subparagraph ii), favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;

Amendment 1023 #

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

(b) the deployment of the new network elements ~~contributes significantly to~~results in the deployment of very high capacity networks; or there is a reasonable expectation that it will do so.

Amendment 1024 #

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

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

Amendment 1025 #

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

(c) access seekers not participating in ~~the co-investment~~one of the deployment models listed in point (a) can benefit from the same quality, speed, conditions and end- user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; until 8 years after entry into force of this Directive.

Amendment 1026 #

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

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

Amendment 1027 #

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

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

Amendment 1028 #

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

Amendment 1029 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.deleted

Amendment 1030 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

When assessing co-investment ~~off~~terms and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those ~~off~~terms and processes comply with the criteria set out in Annex IV and are compliant with competition law. When co-investment terms comply with Annex IV but may create a situation of significant impediment to effective competition, national regulatory authorities shall ensure that proportionate and justified obligations are imposed to address the situation in accordance with articles 66 to 72.

Amendment 1031 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

WThe~~n assessing co-investment offers and processes referred to in point (a)~~ national regulatory authority shall ensure that the conditions for the application of the first ~~sub~~paragraph~~, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV~~ are met. If it establishes that these conditions are not met, it may impose requirements in accordance with Article 66 and Articles 67 to 72.

Amendment 1032 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

When assessing co-investment offers and ~~processe~~agreements referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and ~~processe~~agreements comply with the criteria set out in Annex IV.

Amendment 1033 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

Amendment 1034 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

When assessing ~~co-investment offers and processes referred to in point (a) of the first subparagraph~~deployment models listed in subparagraphs (ii) and (iii) of point (a), national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.

Amendment 1035 #

Gunnar HÖKMARK, Henna VIRKKUNEN, Bendt BENDTSEN

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2

Amendment 1036 #

Proposal for a directive
Article 74 – paragraph 1 – point 1 (new)

(1) In order to promote effective competition and the deployment of new network elements, and pro-competitive regulatory conditions, Member States shall, in consultation with BEREC, establish fair and reasonable rules for shared networks and commercial access agreements between operators and virtual service providers. Such rules and regulatory conditions shall serve to increase the level of network traffic, so as to facilitate return on investment, thereby promoting effective competition and development towards trans-European networks.

Amendment 1037 #

Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2 a (new)

In case the market analyses conducted by the national regulatory authority results in a finding that the co-investment offers and/or the commercial agreements do not favour sustainable competition, appropriate regulatory obligations on the operators designated as having significant market power on the relevant market shall be maintained or adapted by the national regulatory authority.

Amendment 1038 #

Proposal for a directive
Article 75 – paragraph 1 – subparagraph 1

Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 67 to 72 have failed to achieve effective competition and that there are important and persisting competition problems and/or market failures identified in relation to the wholesale provision of certain access product markets, it may, as an exceptional measure, in accordance with the provisions of the second subparagraph of Article 66(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity or in a separate legal entity.

Amendment 1039 #

Proposal for a directive
Article 75 – paragraph 1 – subparagraph 1

Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 67 to 72 ~~have failed~~are not sufficient to achieve effective competition and that there are important and persisting competition problems and/or market failures identified in relation to the wholesale provision of certain access product markets, it may, as an exceptional measure, in accordance with the provisions of the second subparagraph of Article 66(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity.

Amendment 1040 #

Proposal for a directive
Article 75 – paragraph 1 – subparagraph 2

TIn the case of functional separation, that business entity shall supply access products and services to all undertakings, including to other business entities within the parent company, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes.

Amendment 1041 #

Proposal for a directive
Article 75 – paragraph 1 – subparagraph 2 a (new)

Where the national regulatory authority concludes that even the imposition of a functional separation obligation has failed to achieve effective competition, the national regulatory authority may impose an obligation for legal separation. This obligation may encompass a prohibition that the legally distinct companies are controlled by the same ultimate owner(s) and that any of the companies may exercise a decisive influence by rights, contracts or other means, on the other.

Amendment 1042 #

Proposal for a directive
Article 75 – paragraph 2 – introductory part

2. When a national regulatory authority intends to impose an obligation for functional or legal separation, it shall submit a proposal to the Commission that includes:

Amendment 1043 #

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

Undertakings which have been designated as having significant market power in one or several relevant markets in accordance with Article 65 of this Directive shall inform the national regulatory authority three months in advance and in a timely manner, in order to allow the national regulatory authority to assess the effect of the intended transaction, when they intend to transfer their local access network assets or a substantial part thereof to a separate legal entity under different ownership, or to establish a separate business entity in order to provide to all retail providers, including its own retail divisions, fully equivalent access products.

Amendment 1044 #

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 4

On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with Articles 23 and 32~~, applying, if appropriate, the provisions of Article 77~~. In its decision, the national regulatory authority may make the commitments binding, wholly or in part. By way of exception to Article 65(5), the national regulatory authority may make some or all commitments binding for the entire period for which they are offered.

Amendment 1045 #

Proposal for a directive
Article 77

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

Amendment 1046 #

Proposal for a directive
Article 77 – paragraph 1 – point b

(b) the undertaking does not hold an exclusive agreement, or an agreement which de jure or de facto amounts to an exclusive agreement, with a single and separate undertaking operating downstream that is active in any retail market for electronic communications services provided to private or commercial end- users, and/or limiting third party access to civil engineering and/or limiting third party access to, and use of specific network elements and associated facilities.

Amendment 1047 #

Proposal for a directive
Article 77 – paragraph 1 – point b a (new)

(b a) the undertaking is not a separated untertaking as referred to in article 75 and 76 ;

Amendment 1048 #

Proposal for a directive
Article 77 – paragraph 2

2. If the national regulatory authority concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are fulfilled, it may only impose on that undertaking obligations pursuant to Articles ~~70 or~~67, 70, 71 and 712.

Amendment 1049 #

Proposal for a directive
Article 77 – paragraph 2

Amendment 1050 #

Proposal for a directive
Article 77 – paragraph 2 a (new)

2 a. The national regulatory authority shall deem that these conditions are fulfilled even if the undertaking offer physical connection to end-users or provide the conveyance of signals and network elements for the realization or the development of a local physical infrastructure for crafts, businesses and professions.

Amendment 1051 #

Proposal for a directive
Article 77 – paragraph 4

4. The national regulatory authority shall also review obligations imposed on the undertaking in accordance with this Article if on the basis of evidence of terms and conditions offered by the undertaking to its downstream customers, the authority concludes that competition problems have arisen to the detriment of end-users which require the imposition of one or more obligations provided in Articles 67, 68, 69 or 72, or the modification of the obligations imposed in accordance with paragraph 2.deleted

Amendment 1052 #

Proposal for a directive
Article 78 – paragraph 2 – subparagraph 1

The national regulatory authority shall ensure that the decommissioning process includes a transparent timetable and conditions, including inter alia an appropriate period of notice and for transition, and establishes the availability of alternative comparable products providing access to network elements substituting the decommissioned infrastructure in a timely manner if necessary to safeguard competition and the rights of end-users.

Amendment 1053 #

Proposal for a directive
Article 78 – paragraph 2 – subparagraph 1

The national regulatory authority shall ensure that the decommissioning process includes a transparent timetable and conditions, including inter alia a concrete deadline, an appropriate period of notice and for transition, and establishes the availability of ~~alternative comparable~~equivalent products providing access to network elements substituting the decommissioned infrastructure if necessary to safeguard competition and the rights of end-users.

Amendment 1054 #

Proposal for a directive
Article 78 – paragraph 2 – subparagraph 2 – point a

(a) the access provider has demonstrably established the appropriate conditions for migration, including making available a comparable alternative access product in a timely manner enabling to reach the same potential end- users, as was available using the legacy infrastructure; and

Amendment 1055 #

Proposal for a directive
Article 78 – paragraph 2 – subparagraph 2 – point a

(a) the access provider has demonstrably established the appropriate conditions for migration, including making available a ~~comparable alternative~~n equivalent access product enabling to reach the same end- users, as was available using the legacy infrastructure; and

Amendment 1056 #

Proposal for a directive
Article 79 – paragraph 1

Amendment 1057 #

Proposal for a directive
Article 79 – paragraph 2

Amendment 1058 #

Proposal for a directive
Article 79 – paragraph 2

2. Member States shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territory. To that end, the functional internet access service shall be capable, both in terms of speed and data volumes, of supporting at least the minimum set of services set out in Annex V. The functional internet access service shall comply with the obligations on open internet laid down in Regulation 2120/2015.

Amendment 1059 #

Proposal for a directive
Article 81 – paragraph 1

1. Where a Member State has duly demonstrated, account taken of the results of the geographical survey conducted in accordance with Article 22(1), that the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voice communications service ~~can~~is not becurrently ensured under normal commercial circumstances or through other potential public policy tools, it may impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.

Amendment 1060 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 83 – paragraph 1

1. Member States shall ensure that in providing facilities and services additional to those referred to in Article 79, those undertakings providing ~~the~~voice communications and internet access services in accordance with Article 79, 81 and 82 establish terms and conditions in such a way that the end-user is not obliged to pay for facilities or services which are not necessary or not required for the service requested.

Amendment 1061 #

Proposal for a directive
Article 85 – paragraph 1

1. Where, on the basis of the net cost calculation referred to in Article 84, national regulatory authorities find that an undertaking is subject to an unfair burden, Member States shall, upon request from the undertaking concerned, decide: a) to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds; and/or (b) to share the net cost of universal service obligations between providers of electronic communications networks and services and those undertakings providing information society services as defined in Directive 2000/31/EC and which account for a large broadband consumption.

Amendment 1062 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 85 – paragraph 2

to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds. Only the net cost, as determined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed.deleted

Amendment 1063 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 85 – paragraph 2 a (new)

2. Where the net cost is shared under paragraph 1(b), Member States shall establish a sharing mechanism administered by the national regulatory authority or a body independent from the beneficiaries under the supervision of the national regulatory authority. Only the net cost, as determined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed.

Amendment 1064 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 85 – paragraph 2 b (new)

3. A sharing mechanism shall respect the principles of transparency, least market distortion, non-discrimination and proportionality, in accordance with the principles of Annex VII, Part B. Member States may choose not to require contributions from undertakings whose national turnover is less than a set limit.

Amendment 1065 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 85 – paragraph 2 c (new)

4. Any charges related to the sharing of the cost of universal service obligations shall be unbundled and identified separately for each undertaking. Such charges shall not be imposed or collected from undertakings that are not providing services in the territory of the Member State that has established the sharing mechanism.

Amendment 1066 #

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

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

Amendment 1067 #

Proposal for a directive
Article 88 – paragraph 6 – subparagraph 1

Where the right of use for numbers includes their extraterritorial use within the Union in accordance with Article 87(4), the national regulatory authority shall attach to the right of use specific conditions in order to ensure compliance with all the relevant national consumer protection rules and national laws related to the use of numbers applicable in the Member States where the numbers are used. Member states may not impose additional obligations to these rights of use therafter.

Amendment 1068 #

Proposal for a directive
Article 91 – paragraph 1 – introductory part

1. Member States shall ensure that, where technically and economically feasible, and except where a called end- user has chosen for commercial reasons to limit access by calling parties located in specific geographical areas, national regulatory authorities take all necessary steps to ensure that end-users of voice communications services are able to:

Amendment 1069 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 92 – paragraph 1

Providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or place of residence unless such differences are objectively justified and in compliance with the scope and interpretation of fundamental rights as provided for in Article 52 of the Charter.

Amendment 1070 #

Proposal for a directive
Article 92 – paragraph 1

1. Providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or place of residence unless such differences are objectively justified.

Amendment 1071 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 92 – paragraph 1 a (new)

2. Providers of electronic communications services to the public shall not apply tariffs for intra-Union communications terminating in another Member State which are higher, unless objectively justified: a) as regards fixed communications, than tariffs for domestic long-distance communications; b) as regards mobile communications, than the euro-tariffs for regulated voice, data and SMS roaming communications, respectively, established in Regulation (EU) No 2015/2120.

Amendment 1072 #

Proposal for a directive
Article 92 a (new)

Article 92 a 1. Providers of electronic communication services to the public shall not apply tariffs for intra-Union fixed and mobile communications services terminating in another Member State different from tariffs for services terminating in the same member state, unless the provider demonstrates the existence of direct costs that are objectively justified. 2. Six months after the entry into force of this Directive, BEREC shall provide guidelines on the recovery of such objectively justified direct costs pursuant to paragraph 1. 3. One year after the entry into force of this Directive and annually thereafter, the European Commission shall provide a report on the application of the obligations of paragraph 1, including an assessment of the evolution of intra- Union communication tariffs.

Amendment 1073 #

Proposal for a directive
Article 93 – title

Fundamental rights ~~safeguard~~

Amendment 1074 #

Proposal for a directive
Article 93 – paragraph 1

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

Amendment 1075 #

Proposal for a directive
Article 93 – paragraph 2

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

Amendment 1076 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 93 – paragraph 2 a (new)

2 a. By ...[date] in order to contribute to the consistent application of fundamental rights safeguard, BEREC shall, after consulting stakeholders and in close cooperation with the Commission and the European Union Agency for Fundamental Rights (FRA), issue guidelines on common approaches to ensure that national measures regarding end-users' access to, or use of, services and applications through electronic communications networks respect the fundamental rights and freedoms, as guaranteed by the Charter and general principles of Union law

Amendment 1077 #

András GYÜRK

Proposal for a directive
Article 94 – paragraph 1

Amendment 1078 #

Proposal for a directive
Article 94 – paragraph 1

Member States shall ~~not maintain or~~under no circumstance introduce in their national law end-user protection provisions ~~on the subject- matters covered by this Title and div~~that undergmin~~g from~~e the provisions laid down in this Title~~, including more or less stringent provisions to ensure a different~~ as it constitutes the minimum level of end-user protection~~, unless otherwise provided for in this Title~~ to be pursued in the Union.

Amendment 1079 #

Krišjānis KARIŅŠ

Proposal for a directive
Article 95

~~[...]~~deleted

Amendment 1080 #

José BLANCO LÓPEZ, Soledad CABEZÓN RUIZ, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 95 – paragraph 4 a (new)

4 a. Providers of publicly available electronic communications services other than number-independent interpersonal communications services shall incorporate the information mentioned in paragraphs 1, 2 and 4 as part of the contract itself.

Amendment 1081 #

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

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

Amendment 1082 #

Proposal for a directive
Article 95 – paragraph 6

6. Providers of internet access services and providers of publicly available ~~number-based interpersonal~~voice communications services shall offer end- users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.

Amendment 1083 #

Proposal for a directive
Article 96 – paragraph 1

1. National regulatory authorities shall ensure that the information referred to in Annex VIII is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available ~~electron~~voice communications services other than number-independent interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be publishedr publicly available internet access services.

Amendment 1084 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 96 – paragraph 2 – subparagraph 1

National regulatory authorities ~~shall~~might ensure that end-users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs, and the quality of service performance of different publicly available electronic communications services other than number-independent interpersonal communications services.

Amendment 1085 #

Proposal for a directive
Article 98 – paragraph 3

3. End-users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number-independent interpersonal communications services, unless the proposed changes are ~~exclusively to the benefit of the end-user or they are~~ strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least one month in advance, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Member States shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end- user at the time of concluding the contract.

Amendment 1086 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 98 – paragraph 4 a (new)

4 a. Any significant discrepancy, continuous or regularly recurring, between the actual performance of the electronic communication service regarding the quality of service parameters and the performance indicated by the provider of the electronic communication service, where the relevant facts are established by a monitoring mechanism certified by the national regulatory authority, be deemed to constitute non-conformity of performance for the purposes of triggering the remedies available to the consumer in accordance with Union and national law.

Amendment 1087 #

José BLANCO LÓPEZ, Sergio GUTIÉRREZ PRIETO, Soledad CABEZÓN RUIZ

Proposal for a directive
Article 99 – paragraph 1 – subparagraph 1

In case of switching between providers of ~~internet acces~~electronic communications services, other than number-independent interpersonal communications services, the providers concerned shall provide the end-user with adequate information before and during the switching process and ensure continuity of the service. The receiving provider shall ensure that the activation of the service shall occur on the date agreed with the end- user. The transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated. Loss of service during the switching process shall not exceed one working day.

Amendment 1088 #

Proposal for a directive
Article 105 – paragraph 1

In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.

Amendment 1089 #

Proposal for a directive
Article 105 – paragraph 1

In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.

Amendment 1090 #

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘must carry’ obligations, for the transmission of ~~specified radio and television broadcast channel~~radio broadcast channels, audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting ~~connected TV services and~~and ensuring end-user access to connected TV services and to the services specified in electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio ~~or television~~ broadcast channels and audiovisual media services to the public where a significant number of end- users of such networks ~~use them as their principal means~~and services use them to receive radio ~~and television~~ broadcast channels and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 1091 #

Miapetra KUMPULA-NATRI, Flavio ZANONATO, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1

Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and ~~television broadcast channel~~audiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting ~~connected TV services and~~and enabling end-user access to connected TV services and to the specified services on electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or ~~television broadcast channel~~audiovisual media services to the public where a significant number of end- users of such networks ~~use them as their principal means to receive radio and television broadcast channel~~and services use them to receive radio and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.

Amendment 1092 #

Proposal for a directive
Article 106 – paragraph 2

2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by means of a legal provision, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.

Amendment 1093 #

Proposal for a directive
Article 107 – paragraph 1

1. Without prejudice to Article 83(2), Member States shall ensure that national regulatory authorities are able to require all undertakings that provide internet access services and/or ~~publicly available number- based interpersonal~~voice communications services to make available all or part of the additional facilities listed in Part B of Annex VI, subject to technical feasibility and economic viability, as well as all or part of the additional facilities listed in Part A of Annex VI.

Amendment 1094 #

Proposal for a directive
Article 109

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Articles 40, 60, 73, 102 and 108 shall be conferred on the Commission for an indeterminate period of time from... [date of entry into force of the basic legislative act or any other date set by the co- legislators]. 3. The delegation of power referred to in Articles 40, 60, 73, 102 and 108 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article(s) 40, 60, 73, 102, and 108 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.Article 109 deleted Exercise of the delegation

Amendment 1095 #

Proposal for a directive
Article 114 – paragraph 1 a (new)

1a. In this context it shall assess in particular whether the definition of 'very high capacity networks' reflects the most effective technology currently in use on the market in terms of down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. If significant improvements occur there, or if other performance features have proven relevant, the definition may be amended.

Amendment 1096 #

Proposal for a directive
Article 114 – paragraph 3

3. This review shall be undertaken in the light of social, economic and technological developments, taking into account, inter alia, mobility and data rates in the light of the prevailing technologies used by the majority of end-users . In the context of this review, the definition of 'very high capacity network' shall likewise be assessed, and it shall be reviewed whether the definition still meets current requirements on the basis of technological developments and changing conditions on the market. The Commission shall submit a report to the European Parliament and the Council regarding the outcome of the review.

Amendment 1097 #

Proposal for a directive
Article 114 – paragraph 3 a (new)

3 a. The Commission shall periodically review the application of the fundamental rights safeguard referred to in Article 93. Such review shall be carried out every five year.

Amendment 1098 #

Proposal for a directive
Annex I – paragraph 1

The conditions listed in this Annex provide the maximum list of conditions which may be attached to general authorisations for electronic communications networks and services, except number-independent interpersonal communications services , (Part A), electronic communications networks (Part B), ~~electron~~voice communications services~~, except number- independent interpersonal communication~~ and internet access services, (Part C), rights to use radio frequencies (Part D) and rights to use numbers (Part E).

Amendment 1099 #

Proposal for a directive
Annex I – part A – point 4

4. Enabling of legal interception by competent national authorities in conformity with Directive 2002/58/EC and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data54 . _________________ 54deleted OJ L 281, 23.11.1995, p. 31.

Amendment 1100 #

Proposal for a directive
Annex I – part A – point 4

4. Enabling of legal interception by competent national authorities where the provider is established or operates an electronic communications network and in conformity with Directive 2002/58/EC and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data~~54 . _________________ 54 OJ L 281, 23.11.1995, p. 31~~ and Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters.

Amendment 1101 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Annex I – part A – point 7

7. Access obligations other than those provided for in Article 13 of this Directive applying to undertakings providing electronic communications networks or services., including, for the avoidance of doubt, under Article 59(2)

Amendment 1102 #

Proposal for a directive
Annex I – part B – point 6 a (new)

6 a. Conditions of a re-assessment of rights of use when their duration goes beyond the minimum defined in this Directive.

Amendment 1103 #

Miapetra KUMPULA-NATRI, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Annex I – part D – point 1

1. Obligation to provide a service or to use a type of technology, within the limits of Article 49 of this Directive ~~including~~, to cover close to 100 percent of European citizens and, where appropriate, ~~coverage and~~ quality of service requirements.

Amendment 1104 #

Proposal for a directive
Annex I – part D – point 1

Amendment 1105 #

Proposal for a directive
Annex II – part 2 – point b

(b) Access to electronic programme guides (EPGs), including for information enabling end-user access to connected television services.

Amendment 1106 #

Miapetra KUMPULA-NATRI, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Dan NICA, Jeppe KOFOD

Proposal for a directive
Annex II – part 2 – point b

(b) Access to electronic programme guides (EPGs)., including for data supporting and enabling end-user access to connected TV services

Amendment 1107 #

Miapetra KUMPULA-NATRI, Jeppe KOFOD, Dan NICA, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Annex II – part 2 – point b a (new)

(ba) (c) Access to caching functions.

Amendment 1108 #

Proposal for a directive
Annex II – part 2 a (new)

Amendment 1109 #

Dan NICA, Peter KOUROUMBASHEV, Miapetra KUMPULA-NATRI

Proposal for a directive
Annex III

Criteria for the determination of wholesale call termination rates Criteria and parameters for the determination of rates for wholesale call termination on fixed and mobile markets, referred to in Article 73 (4): (a) the relevant incremental costs of the wholesale voice call termination service shall be determined by the difference between the total long-run costs of an operator providing its full range of services and the total long-run costs of that operator not providing a wholesale voice call termination service to third parties; (b) only those traffic related costs which would be avoided in the absence of a wholesale voice call termination service being provided shall be allocated to the relevant termination increment; (c) costs related to additional network capacity shall be included only to the extent that they are driven by the need to increase capacity for the purpose of carrying additional wholesale voice call termination traffic; (d) radio spectrum fees shall be excluded from the mobile termination increment; (e) only those wholesale commercial costs shall be included which are directly related to the provision of the wholesale voice call termination service to third parties; (f) all fixed network operators shall be deemed to provide voice call termination services at the same unit costs as the efficient operator, regardless of their size; (g) for mobile network operators, the minimum efficient scale shall be set at a market share not below 20%; (h) the relevant approach for asset depreciation shall be economic depreciation; and (i) the technology choice of the modelled networks shall be forward looking, based on an IP core network, taking into account the various technologies likely to be used over the period of validity of the maximum rate. In the case of fixed networks, calls shall be considered to be exclusively packet switched.deleted

Amendment 1110 #

Miapetra KUMPULA-NATRI, Dan NICA, Jeppe KOFOD, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Annex IV

~~[...]~~deleted

Amendment 1111 #

Proposal for a directive
Annex IV – subheading 1

CRITERIA FOR ASSESSING CO- INVESTMENT ~~OFF~~TERMS

Amendment 1112 #

Proposal for a directive
Annex IV – paragraph 1 – introductory part

When assessing a co-investment offer pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met or there is a reasonable expectation that they will be met:

Amendment 1113 #

Proposal for a directive
Annex IV – paragraph 1 – introductory part

When assessing aoffers for co-investment o~~ffer~~r wholesale access pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met:

Amendment 1114 #

Proposal for a directive
Annex IV – paragraph 1 – introductory part

When assessing a co-investment ~~offer~~terms pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met:

Amendment 1115 #

Proposal for a directive
Annex IV – paragraph 1 – point a

(a) The co-investment offer shall be open to any undertaking over the lifetime of the network built under a co- investment offer on a non-discriminatory basis. The SMP operator may include in the offer reasonable conditions regarding the financial capacity of any undertaking, so that for instance potential co-investors need to demonstrate their ability to deliver phased payments on the basis of which the deployment is planned, the acceptance of a strategic plan on the basis of which medium-term deployment plans are prepared, etc.At least three independent networks exist on the relevant market;

Amendment 1116 #

Proposal for a directive
Annex IV – paragraph 1 – point b – introductory part

(b) The co-investment offer shall be fair, reasonable, non-discriminatory and transparent:

Amendment 1117 #

Proposal for a directive
Annex IV – paragraph 1 – point b – introductory part

(b) The co-investment ~~offer shall be transpare~~project does not discriminate against any participant:;

Amendment 1118 #

Proposal for a directive
Annex IV – paragraph 1 – point b – introductory part

(b) The co-investment ~~offer~~terms shall be transparent:

Amendment 1119 #

Proposal for a directive
Annex IV – paragraph 1 – point b – indent 1

~~- the offer is available and easily identified on the website of the SMP operator;~~deleted

Amendment 1120 #

Proposal for a directive
Annex IV – paragraph 1 – point b – indent 1

- the ~~offer is~~terms are available and easily identified on the website of the SMP operator;

Amendment 1121 #

Proposal for a directive
Annex IV – paragraph 1 – point b – indent 2

- full detailed terms must be made available without undue delay to any potential bidder that has expressed an interest, including the legal form of the co-investment agreement and - when relevant - the heads of term of the governance rules of the co-investment vehicle; andeleted

Amendment 1122 #

Proposal for a directive
Annex IV – paragraph 1 – point b – indent 2

- full detailed terms must be made available without undue delay to any potential bidder that has expressed an interest, including the legal form of the co- investment or wholesale access agreement and - when relevant - the heads of term of the governance rules of the co-investment vehicle; and

Amendment 1123 #

Proposal for a directive
Annex IV – paragraph 1 – point b – indent 3

- The process, like the road map for the establishment and development of the co-investment project must be set in advance, it must clearly explained in writing to any potential co-investor, and all significant milestones be clearly communicated to all undertakings without any discrimination.deleted

Amendment 1124 #

Proposal for a directive
Annex IV – paragraph 1 – point b – indent 3

- The process, like the road map for the ~~establishment and development of the co-investment project~~deployment models pursuant to subparagraphs (ii) and (iii) of Article 74 (1) (a) of the new network elements must be set in advance, it must clearly explained in writing to any potential co-investor and access seeker, and all significant milestones be clearly communicated to all undertakings without any discrimination.

Amendment 1125 #

Proposal for a directive
Annex IV – paragraph 1 – point c – introductory part

(c) ~~The co-investment offer shall include terms to potential co-investors which favour sustainable competition in the long term, in particular:~~No supplier with substantial market power on the relevant market may hold a share of more than 50% of the retail market in the case of networks established by co-investment projects.

Amendment 1126 #

Proposal for a directive
Annex IV – paragraph 1 – point c – introductory part

(c) The ~~co-investment~~ offer shall include terms to potential co-investors and access seekers which favour sustainable competition in the long term, in particular:

Amendment 1127 #

Proposal for a directive
Annex IV – paragraph 1 – point c – introductory part

(c) The co-investment ~~offer~~terms shall include terms to potential co-investors which favour sustainable competition in the long term, in particular:

Amendment 1128 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 1

- All undertakings have to be offered fair, reasonable and non- discriminatory terms and conditions for participation in the co-investment agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of the protection awarded to the co-investors by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-invested network and in terms of the conditions for joining and potentially terminating the co-investment agreement. Non-discriminatory terms in this context do not entail that all potential co-investors must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.deleted

Amendment 1129 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 1

- All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment or wholesale access agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of the protection awarded to the co-investors and access seekers by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the ~~co-invest~~newly deployed network elements and in terms of the conditions for joining and potentially terminating the co-investment ~~agreement~~or wholesale access agreement. Fair, reasonable and non-discriminatory terms shall ensure cost recovery and take into account the risks associated to the investments by the operator. Non-discriminatory terms in this context do not entail that all potential co-investors or access seekers must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.

Amendment 1130 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 1

- All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of access to individual lines, in terms of the protection awarded to the co-investors by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-invested network and in terms of the conditions for joining and potentially terminating the co-investment agreement. Non-discriminatory terms in this context do not entail that all potential co-investors must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.

Amendment 1131 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 2

- The offer must allow flexibility in terms of the value and timing of the commitment provided by each co-investor, for example by means of an agreed and potentially increasing percentage of the total end user lines in a given area, to which co-investors have the possibility to commit gradually and which shall be set at a unit level enabling smaller co- investors to gradually increase their participation while ensuring adequate levels of initial commitment. The determination of the financial consideration to be provided by each co- investor needs to reflect the fact that early investors accept greater risks and engage capital sooner.deleted

Amendment 1132 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 2

- – The offer must allow flexibility in terms of the value and timing of the commitment provided by each co-investor or wholesale access provider, for example by means of an agreed and potentially increasing percentage of the total end user lines in a given area, to which co-investors or access seekers have the possibility to commit gradually ~~and which shall be set at a unit level enabling smaller co-investors to gradually increase their participation~~ while ensuring adequate levels of initial commitment. The determination of the financial consideration to be provided by each co- investor or access seeker needs to reflect the fact that early investors accept greater risks and engage capital sooner.

Amendment 1133 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 3

- A premium increasing over time has to be considered as justified for commitments made at later stages and for new co-investors entering the co- investment after the commencement of the project, to reflect diminishing risks and to counteract any incentive to withhold capital in the earlier stages.deleted

Amendment 1134 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 3

- A premium increasing over time has to be considered as justified for commitments made at later stages and for new co-investors ~~entering the co- investment~~or access seekers entering after the commencement of the project, to reflect diminishing risks and to counteract any incentive to withhold capital in the earlier stages.

Amendment 1135 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 3 a (new)

- Terms and conditions reflecting utilization risks stemming from e.g. low take-up rates compared to overall coverage have to be considered as justified.

Amendment 1136 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 4

- The co-investment agreement has to allow the assignment of acquired rights by co-investors to other co-investors, or to third parties willing to enter into the co- investment agreement subject to the transferee undertaking being obliged to fulfil all original obligations of the transferor under the co-investment agreement.deleted

Amendment 1137 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 4

- – The co-investment or wholesale access agreements hasve to allow the assignment of acquired rights ~~by co-investors~~ to other co- investors, access seekers or to third parties willing to enter into the co- investment or wholesale access agreement subject to the transferee undertaking being obliged to fulfil all original obligations of the transferor under the co-investment or wholesale access agreement.

Amendment 1138 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 5

~~- Co-investors have to grant each other reciprocal rights on fair and reasonab~~dele terms and conditions to access the co-invested infrastructure for the purposes of providing services downstream, including to end-users, according to transparent conditions which have to be made transparent in the co- investment offer and subsequent agreement, in particular where co- investors are individually and separately responsible for the deployment of specific parts of the network. If a co-investment vehicle is created, it has to provide access to the network to all co-investors, whether directly or indirectly, on an equivalence of inputs basis and according to fair and reasonable terms and conditions, including financial conditions that reflect the different levels of risk accepted by the individual co-investors.d

Amendment 1139 #

Proposal for a directive
Annex IV – paragraph 1 – point c – indent 5

- Co-investors have to grant each other reciprocal rights on fair and reasonable terms and conditions to access the co-invested infrastructure for the purposes of providing services downstream, including to end-users, according to transparent conditions which have to be made transparent in the co- investment offer and subsequent agreement, in particular where co-investors are individually and separately responsible for the deployment of specific parts of the network. If a co-investment vehicle is created, it has to provide access to the network to all co-investors, whether directly or indirectly, on an equivalence of inoutputs basis and according to fair and reasonable terms and conditions, including financial conditions that reflect the different levels of risk accepted by the individual co-investors.

Amendment 1140 #

Proposal for a directive
Annex IV – paragraph 1 – point d

(d) The co-investment offer shall ensure a sustainable investment likely to meet future needs, by deploying new network elements that contribute significantly to the deployment of very high capacity networks.deleted

Amendment 1141 #

Proposal for a directive
Annex IV – paragraph 1 – point d

(d) The co-investment ~~offer shall ensure a sustainable investment likely to meet future needs, by deploying new network e~~project must not have the aim of bringing about, or result in, any restriction of competition between participants or between participants and other suppliers on the same relevant market. Agreements or structures which would be classified as doing so would for examplem ent~~s that contribute significantly to the deployment of very high capacity network~~ail market sharing, exchanges of information, price agreements or agreements concerning technological innovations.

Amendment 1142 #

Proposal for a directive
Annex IV – paragraph 1 – point d

(d) The co-investment ~~offer~~terms shall ensure a sustainable investment likely to meet future needs, by deploying new network elements that contribute significantly to the deployment of very high capacity networks.

Amendment 1143 #

Proposal for a directive
Annex IV – paragraph 1 – point d a (new)

(da) The co-investment project must neither directly nor indirectly produce foreclosure effects which would prevent entry to the relevant market.

Amendment 1144 #

Proposal for a directive
Annex V – point 11 a (new)

(11a) (12) audiovisual media services

Amendment 1145 #

Miapetra KUMPULA-NATRI, Theresa GRIFFIN, Dan NICA, Jeppe KOFOD, Carlos ZORRINHO, Victor NEGRESCU, Zigmantas BALČYTIS

Proposal for a directive
Annex V – point 11 a (new)

(11 a) audiovisual media services

Amendment 1146 #

Proposal for a directive
Annex V – point 11 a (new)

(11 a) e-Health services

Amendment 1147 #

Proposal for a directive
Annex VII – subheading 1

CALCULATING THE NET COST, IF ANY, OF UNIVERSAL SERVICE OBLIGATIONS AND ESTABLISHING ANY RECOVERY OR SHARING MECHANISM IN ACCORDANCE WITH ARTICLES 84 AND 85

Amendment 1148 #

Proposal for a directive
Annex VII – subheading 1 a (new)

PART A: CALCULATION OF NET COST

Amendment 1149 #

Proposal for a directive
Annex VII – paragraph 3 – subparagraph 2 a (new)

PART B: RECOVERY OF ANY NET COSTS OF UNIVERSAL SERVICE OBLIGATIONS The recovery or financing of any net costs of universal service obligations requires designated undertakings with universal service obligations to be compensated for the services they provide under non- commercial conditions. Because such a compensation involves financial transfers, Member States are to ensure that these are undertaken in an objective, transparent, non-discriminatory and proportionate manner. This means that the transfers result in the least distortion to competition and to user demand. In accordance with Article 85(3), a sharing mechanism based on a fund should use a transparent and neutral means for collecting contributions that avoids the danger of a double imposition of contributions falling on both outputs and inputs of undertakings. The independent body administering the fund is to be responsible for collecting contributions from undertakings which are assessed as liable to contribute to the net cost of universal service obligations in the Member State and is to oversee the transfer of sums due and/or administrative payments to the undertakings entitled to receive payments from the fund.

Amendment 1150 #

Proposal for a directive
Annex X – subheading1

~~INTEROPERABILITY OF DIGITAL CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105~~(Does not affect the English version.)

Amendment 1151 #

Proposal for a directive
Annex X – part 2 a (new)

2a. Radio reception interoperability

Amendment 1152 #

Proposal for a directive
Annex X – part 2 b (new)

2b. Any radio equipment placed on the market for sale or rent or made available in the Union must be able to receive digital and analog radio services in accordance with standards adopted by a recognised European standardisation organisation. Where portable equipment sold in the Union contains an analog and/or digital receiver, that receiver must be activated.

Amendment 145 #

Notis MARIAS

Proposal for a directive
Citation 1 a (new)

having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of national parliaments in the European Union,

Amendment 146 #

Notis MARIAS

Proposal for a directive
Citation 1 b (new)

having regard to the Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,

Amendment 147 #

Proposal for a directive
Citation 3

After transmission of the draft legislative act to the national parliaments, having regard to their reasoned opinions,

Amendment 148 #

Proposal for a directive
Recital 3

(3) In the Digital Single Market strategy, the Commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment in high-speed broadband networks, bring a more consistent single market approach to spectrum policy and management, deliver conditions for a true single market by tackling regulatory fragmentation, ensure an effective protection of consumers, a level playing field for all market players and consistent application of the rules, as well as provide a more effective regulatory institutional framework. The Digital Single Market Strategy for Europe also announced the review of Directive 2002/58/EC in order to provide a high level of privacy protection for users of electronic communications services and a level playing field for all market players;

Amendment 149 #

Proposal for a directive
Recital 5

(5) tThis Directive should create a legal framework to ensure the freedom to provide electronic communications networks and services, subject only to the conditions laid down in this Directive and to any restrictions in conformity with Article 52 (1) of the Treaty, in particular measures regarding public policy, public security and public health, and with Article 52 (1) of the Charter of Fundamental Rights of the European Union (the Charter).

Amendment 150 #

Proposal for a directive
Recital 6

(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy~~, public morality~~ and public security, and to permit the investigation, detection and prosecution of criminal offences, taking into account that such measures must be provided for by law, respect the essence of the rights and freedom recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter.

Amendment 151 #

Proposal for a directive
Recital 7

(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. However, it is intended that unless explicitly excluded from the scope of application of the Code, electronic communications networks and services should be covered by this Code. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee media pluralism, cultural diversity and consumer protection. _________________ 21 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).

Amendment 152 #

Proposal for a directive
Recital 7

(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21 . The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. The separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee freedom of expression and information, media pluralism, cultural diversity ~~and~~, consumer protection~~. _________________ 21Directive 2010/13/EU of the European Parliament~~, privacy and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1)protection of personal data.

Amendment 153 #

Proposal for a directive
Recital 7 a (new)

(7a) Member States must, in the interests of media pluralism, cultural diversity and active and informed citizenship, be able to guarantee universal public access to a wide range of high- quality information and content supplied by media service providers, irrespective of developments in media distribution systems and related commercial models.

Amendment 154 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 7 a (new)

(7 a) Member States should be able to ensure, in the interest of media pluralism and cultural diversity and an informed citizenship that citizens have universal access to a wide range of information and public value content provided by media service providers, in line with the evolution of media distribution systems and related business models.

Amendment 155 #

Proposal for a directive
Recital 7 a (new)

Amendment 156 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand for unconstrained use is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters ~~which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the s~~that are capable of deliverving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Vat least 100 Mbps downlink speed upgradable over time to gigabit speeds and contribute to achieving continuous 5G coverage not taking into account variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, no~~ther~~ technologies ~~and~~or transmission media should ~~not~~ be excluded~~, where they compare with this baseline scenario in terms of their capabilities~~. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 157 #

Markus PIEPER, Herbert REUL

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing and will persistently continue to do so in future. While in the past the focus was mainly on growing down- and uplink bandwidth available overall and to each individual user, other parameters like latency, availability and re~~liability~~silience are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed- line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a ~~multi-dwelling~~ building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they ~~compare with this baseline scenario in terms of their capabilities~~have at least the same capabilities as optical fibre in terms of available down- and uplink band width, latency, availability and resilience. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture. In order to take account of future technological developments, it should be possible in future to adjust or supplement the performance features of 'very high capacity networks', provided that doing so serves the purpose of attaining the aims of this directive.

Amendment 158 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture. At present, optical fibre components offer the best available network performance; it ought to be possible to modify the definition of 'very high capacity network' in future in the light of technological changes and constantly changing market conditions.

Amendment 159 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. To allow for other technologies to improve or evolve, a sole focus on optical fibre should be avoided and the principle of technology neutrality should be respected. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 160 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. As 'very high capacity networks' should be of service to end users, their experiences with reference to speed, latency or reliability should be evaluated. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 161 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they ~~com~~participarte ~~with this baseline scenario in terms of their capabilitie~~to bridging the geographical digital divide and ensure a cost-efficient upgrade path to high speed connectivity and high quality services in unserved / underserved areas. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 162 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which ~~are~~meet the needs of the most demanding, digitally intensive end- users, equivalent to what a network ~~based~~consisting onf optical ~~fibre~~ elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation ~~up to a multi-dwelling building~~that reaches to individual households or apartments, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 163 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the ~~serving location~~business, multi-dwelling building or single-family house can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 164 #

Michał BONI, Krišjānis KARIŅŠ

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to ~~a multi-dwelling building~~premises, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 165 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to ~~a multi-dwelling building~~the premises, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of ~~such~~fixed 'very high capacity networks' ~~will further increase the capabilities of networks and pave the way for~~in a fibre to the home configuration and their backhaul capabilities will be a prerequisite for the success of the roll-out of future mobile network generations (5G) based on ~~enhanced air interfaces and~~ a more densified network architecture.

Amendment 166 #

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to ~~a multi-dwelling building~~the premises, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 167 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 13

(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to ~~a multi-dwelling building~~premises, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.

Amendment 168 #

Proposal for a directive
Recital 14 a (new)

(14 a) Very significant price differences continue to prevail, both for fixed and mobile communications, between domestic voice and SMS communications and those terminating in another Member State. While there are substantial variations between countries, operators and tariff packages, and between mobile and fixed services, this continues to affect more vulnerable customer groups and to pose barriers to seamless communication within the EU. Any significant retail price differences between electronic communications services terminating in the same Member State and those terminating in another Member State should therefore be justified by reference to objective criteria.

Amendment 169 #

Proposal for a directive
Recital 15

(15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services, although they still do not consider them as substitutes to traditional voice services, due to a perception of different levels of quality, security and interoperability . In order to ensure that end-users are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach. to the extent possible. The existing differences between services should however be acknowledged, online services such as Voice over IP being provided in most cases without having substantial control over the network used for enabling the communication but on the other hand allowing end-user to switch from service to service in an easier manner than from traditional communication services ;The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals" remains an important parameter for determining the services falling into the scope of this Directive, the definition should cover also other services that enable communication in a proportionate manner to deliver the best outcomes for end users. From an end-user's perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service, therefore these services should not be defined on the basis of the technology used, but on the legitimate expectations end-users have for the service provided depending for instance on the price paid or the ease of terminating the contract . The amended definition of electronic communications services should therefore contain three types of services which may partly overlap, that is to say internet access services according to the definition in Article 2(2) of Regulation (EU) 2015/2120, interpersonal communications services as defined in this Directive, and services consisting wholly or mainly in the conveyance of signals. This last category should not include services where connectivity is provided as an input product into connected devices or 'smart goods' or where the provision of connectivity with such products is subject to a contract with the end-user, as they would be considered as embedded digital content or services according to the Directive concerning contracts for the supply of digital content . The definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision-by- provision application of the specific rights and obligations contained in the framework to the different types of services. The processing of personal data by electronic communications services, whether as remuneration or otherwise, must be in compliance with Directive 95/46/EC which will be replaced by Regulation (EU) 2016/679 (General Data Protection Regulation) on 25 May 201823 . _________________ 23 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119, 4.5.2016, p. 1

Amendment 170 #

Proposal for a directive
Recital 15

Amendment 171 #

Proposal for a directive
Recital 15

(15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure that end-users are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach. The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals" ~~remains an important parameter for determining the~~allows to include transmission services ~~falling~~ into the scope of this Directive, the definition should cover also other services that enable communication. From an end-user's perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service. The amended definition of electronic communications services should therefore contain three types of services which may partly overlap, that is to say internet access services according to the definition in Article 2(2) of Regulation (EU) 2015/2120, interpersonal communications services as defined in this Directive, and services consisting wholly or mainly in the conveyance of signals, the third category excluding services which qualify as interpersonal communication services as defined in pargraph (5) of Article 2 of the present Code, information society services, as defined in Article 1 of Directive 98/34/EC and as services providing, or excercising editorial control over, content transmitted using electronic communications networks and services. The definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision-by- provision application of the specific rights and obligations contained in the framework to the different types of services. The processing of personal data by electronic communications services, whether as remuneration or otherwise, must be in compliance with Directive 95/46/EC which will be replaced by Regulation (EU) 2016/679 (General Data Protection Regulation) on 25 May 201823 . _________________ 23 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119, 4.5.2016, p. 1

Amendment 172 #

Proposal for a directive
Recital 16

(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are ~~often~~in some cases supplied against ~~counter-performance other than money, for instance by giving access to personal data or other data~~personal data where such data is used beyond what is essential for the performance of the contract. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user ~~actively~~ provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, directly or indirectly, that is used for a purpose which is not necessary for othe~~r automatically generated information, such as information collected and transmitted by a cookie)~~ performance of the contract . In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24 , remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. _________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.

Amendment 173 #

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information~~, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats~~. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games or document sharing applications, depending on the features of the communication facility of the service. Similarly, to the extent a multi-feature service contains a communications feature or element that (on its particular facts) can properly be considered to be an interpersonal communications service [that can be used on a standalone basis], only that separable feature or element should be considered as an interpersonal communications service.

Amendment 174 #

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services ~~that~~where the principal purpose of the service consists in enableing interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also ~~all types of emails,~~ messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. ~~Under exceptional circumstances, a~~A service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is ~~a purely ancillary feature to ano~~not the main purpose of ther service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services, as the application of the provisions in this Directive would not be proportionate to the level of connectivity provided with this service . An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.

Amendment 175 #

Gunnar HÖKMARK, Bendt BENDTSEN

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services provided for remuneration that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.

Amendment 176 #

Proposal for a directive
Recital 17

(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a ~~purely ancillary~~ feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.

Amendment 177 #

Proposal for a directive
Recital 18

(18) Interpersonal communications services using numbers from a national and international telephone numbering plan connect with the public (packet or circuit) switched telephone network. Those number-based interpersonal communications services comprise both services to which end-users numbers are assigned for the purpose of ensuring end- to-end connectivity and services enabling end-users to reach persons to whom such numbers have been assigned. The mere use of a number as an identifier should not be considered equivalent to the use of a number to connect with the public switched telephone network, and should therefore, in itself, not be considered sufficient to qualify a service as a number- based interpersonal communications service. In addition where the service provided does not rely on its own infrastructure and therefore does not have substantial control over the network used for enabling the communication, the use of the number should also be considered in a different manner as the obligations would not be proportionate to their ability to deliver a certain quality of service ;Number-independent interpersonal communications services should be subject only to obligations, where public interests require applying specific regulatory obligations to all types of interpersonal communications services, regardless of whether they use numbers for the provision of their service. It is justified to treat number-based interpersonal communications services differently, as they participate in and hence also benefit from a publicly assured interoperable ecosystem.

Amendment 178 #

Proposal for a directive
Recital 23

(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. All the political aims formulated in this paragraph should be regarded as equally important. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas. Fair competition is the most important precondition for investment. The aim is to ensure high- performance infrastructure across the European Union.

Amendment 179 #

Proposal for a directive
Recital 23

(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market ~~and~~, end-user and citizens interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective, sustainable and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the long term interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas, while ensuring economic development in Europe supported by the competitiveness of European industry.

Amendment 180 #

Nadine MORANO

Proposal for a directive
Recital 23

(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses, in particular small and medium-sized enterprises, on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas.

Amendment 181 #

Proposal for a directive
Recital 23

(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to, investment in and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas.

Amendment 182 #

Aldo PATRICIELLO

Proposal for a directive
Recital 23

(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework ~~should, in addition~~must, in parallel to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas.

Amendment 183 #

Proposal for a directive
Recital 24

(24) The principle that Member States should apply EU law in a technologically neutral fashion, that is to say that a national regulatory or other competent authority neither imposes nor discriminates in favour of the use of a particular type of technology, does not preclude the taking of proportionate steps to promote certain specific services where this is justified in order to attain the objectives of the regulatory framework, for example digital television as a means for increasing spectrum efficiency, or generally the migration to enhanced services as a means for increasing consumers' satisfaction. Furthermore, it does not preclude taking into account that certain transmission media have physical characteristics and architectural features that can be superior in terms of quality of service, capacity, maintenance cost, energy efficiency, management flexibility, reliability, robustness and scalability, and ultimately in terms of performance, which can be reflected in actions taken in view of pursuing the various regulatory objectives.

Amendment 184 #

Proposal for a directive
Recital 27

(27) It is necessary to give appropriate incentives for investment in new very high capacity networks that will support innovation in content-rich Internet services and strengthen the international competitiveness of the European Union. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is therefore vital to promote sustainable investment in the development of these new networks, while safeguarding ~~competition~~long- term competition, as remaining bottlenecks and physical barriers to entry remain at the infrastructure level, and boosting consumer choice through regulatory predictability and consistency.

Amendment 185 #

Proposal for a directive
Recital 28

(28) The aim is progressively to reduce ex ante sector-specific rules as competition in the markets develops and, ultimately, for electronic communications to be governed by competition law only. Considering that the markets for electronic communications have shown strong competitive dynamics in recent years, it is essential that ex ante regulatory obligations only be imposed where there is no effective and sustainable long-term competition on the re~~tail markets concerned~~levant markets concerned. However, the markets for electronic communications in Europe being still largely composed of vertically integrated operators which can leverage their dominance in the wholesale market to thereafter increase their dominance in the retail markets, long term competition at the retail level should be ensured by the removal of existing barriers to entry at the infrastructure level.

Amendment 186 #

Proposal for a directive
Recital 33

(33) In accordance with the principle of the separation of regulatory and operational functions, Member States should guarantee the independence of the national regulatory authority and other competent authorities, including from respective governments, with a view to ensuring the impartiality of their decisions. This requirement of independence is without prejudice to the institutional autonomy and constitutional obligations of the Member States or to the principle of neutrality with regard to the rules in Member States governing the system of property ownership laid down in Article 295 of the Treaty. National regulatory and other competent authorities should be in possession of all the necessary resources, in terms of staffing, expertise, and financial means, for the performance of their tasks.

Amendment 187 #

Proposal for a directive
Recital 36

(36) There is a need to further reinforce the independence of the national regulatory authorities to ensure the imperviousness of its head and members to external pressure, by providing minimum appointment qualifications, and a minimum duration for their mandate. Furthermore, the limitation of the possibility to renew more than once their mandate and the requirement for an appropriate rotation scheme for the board and the top management would address the risk of regulatory capture, ensure continuity, and enhance independence. To this end, Member States should also ensure that national regulatory authorities are legally distinct and functionally independent from the industry and government in that they neither seek nor take instructions from any body, they operate in a transparent and accountable manner in accordance with Union law and national law and they have sufficient powers.

Amendment 188 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 40

(40) The benefits of the single market to service providers and end-users can be best achieved by general authorisation of electronic communications networks and of electronic communications services other than number-independent interpersonal communications services, without requiring any explicit decision or administrative act by the national regulatory authority and by limiting any procedural requirements to a declaratory notification only. Where Member States require notification by providers of electronic communications networks or services when they start their activities, ~~this~~one single notification should be submitted to BEREC which acts as a single contact point. Such notification should not entail administrative cost for the providers and cshould be made available via an entry point aton the website of ~~the national regulatory authorities~~BEREC. BEREC should forward in good time the notifications to the national regulatory authority in all Member States in which the providers of electronic communications networks or services intend to provide electronic communications networks or services. Member States can also require proof that notification was made by means of any legally recognised postal or electronic acknowledgement of receipt of the notification to BEREC. Such acknowledgement should in any case not consist of or require an administrative act by the national regulatory authority, or any other authority.

Amendment 189 #

Proposal for a directive
Recital 41

(41) The notification to BEREC should entail a mere declaration of the provider's intention to commence the provision of electronic communications networks and services. A provider may only be required to accompany such declaration by the information set out in Article 12 of this Directive. It should be designed to facilitate a consistent implementation of this Directive as well as to provide the most relevant market knowledge to BEREC and national regulatory authorities. Member States should not impose additional or separate notification requirements.

Amendment 190 #

Proposal for a directive
Recital 42

(42) Contrary to the other categories of electronic communications networks and services as defined in this Directive, number-independent interpersonal communications services do not benefit from the use of public numbering resources and do not participate in a publicly assured interoperable ecosystem. It is therefore not appropriate to subject these types of services to the general authorisation regime Therefore, Member States should not subject such services to prior authorisation or any other equivalent requirement.

Amendment 191 #

Proposal for a directive
Recital 47 a (new)

(47 a) Providers of electronic communication services that operate in more than one member state are still subject to different rules, requirements and reporting obligations despite having the freedom to provide electronic communications networks and services anywhere in Europe, which hinders the development and growth of the internal market for electronic communications. This should therefore be possible for such providers to be granted on single general authorisation by the member state indicated in their notification as the provider's main establishment in the EU. The single general authorisation should include the specific conditions that apply in the different member states of operation to ensure compliance of the service provider with all relevant laws. BEREC should facilitate the coordination and exchange of information to ensure compliance of the service provider with Union and national law. Providers of electronic communication services would still need to obtain specific authorisations for the rights of use for numbers, radio spectrum and for rights to install facilities.

Amendment 192 #

Proposal for a directive
Recital 53

(53) Member States may need to amend rights, conditions, procedures, charges and fees relating to general authorisations and rights of use where this is objectively justified. Such changes should be duly notified to all interested parties in good time, giving them adequate opportunity to express their views on any such amendments. Taking into account the need to ensure legal certainty and to promote regulatory predictability, any restriction or withdrawal of existing rights of use for radio spectrum or to install facilities should be subject to predictable and transparent procedures; hence stricter requirements or a notification mechanism could be imposed where rights of use have been assigned pursuant to competitive or comparative procedures. Unnecessary procedures should be avoided in case of minorRadio spectrum is a scarce resource that belongs to the Member States and that national specificities and needs must be respected as regards management and assignment, as pointed out by the Commission; developing tools aime~~ndments to existing rights to install facilities or to use spectrum when such amendments do not impact on third par~~d to facilitate dissemination of best practices~~' interests. The change in the use of spectrum as a result of the application of technology and service neutrality principl~~ and experiences between Member States should ~~not~~ be considered ~~a sufficient justification for a withdrawal of rights since it does not constitute the granting of a new right~~desirable.

Amendment 193 #

Proposal for a directive
Recital 53

(53) Member States may need to amend rights, conditions, procedures, charges and fees relating to general authorisations and rights of use where this is objectively justified. Such changes should be duly notified to all interested parties in good time, giving them adequate opportunity to express their views on any such amendments. Taking into account the need to ensure legal certainty and to promote regulatory predictability, any restriction or withdrawal of existing rights of use for radio spectrum or to install facilities should be subject to predictable and transparent procedures; hence stricter requirements or a notification mechanism could be imposed where rights of use have been assigned pursuant to competitive or comparative procedures. In the case of right of use for spectrum, the right holder shall have the right to object to any proposed amendment based on its existing and future spectrum usage plan and the need to safeguard investment. Unnecessary procedures should be avoided in case of minor amendments to existing rights to install facilities or to use spectrum when such amendments do not impact on third parties' interests. The change in the use of spectrum as a result of the application of technology and service neutrality principles should not be considered a sufficient justification for a withdrawal of rights since it does not constitute the granting of a new right.

Amendment 194 #

Proposal for a directive
Recital 57

(57) To alleviate reporting and information obligations for network and service providers and the competent authority concerned,such obligations should be proportionate, objectively justified and limited to what is strictly necessary. In particular, duplication of requests for information by the competent authority, and by BEREC and the systematic and regular proof of compliance with all conditions under a general authorisation or a right of use should be avoided. Reporting and information obligations for electronic communication services providers operating in several Member states shall be coordinated through the Member state responsible of granting the single general authorisation, without prejudice to information request related to the granting of rights of use for numbers, radio spectrum and for rights to install facilities. BEREC should facilitate the free flow of information between the concerned Member states. Such information should be requested in a common and standardised format. Undertakings should know the intended use of the information sought. Provision of information should not be a condition for market access. For statistical purposes a notification may be required from providers of electronic communications networks or services when they cease activities.

Amendment 195 #

Markus PIEPER

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services. In gathering this information, the national regulatory authorities, the other competent authorities and BEREC must respect the principle of proportionality. It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.

Amendment 196 #

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information is essential to promote investments , increase connectivity across the EU, give visibility to the involved local authorities and inform the European citizens about their future connectivity. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.

Amendment 197 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should apply the appropriate level of confidentiality when dealing with this data in order to protect sensitive business information and the investment positions of the various market players National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.

Amendment 198 #

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information is essential to promote investments , increase connectivity across the EU, give visibility to the involved local authorities and inform the European citizens about their future connectivity. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.

Amendment 199 #

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information is essential to promote investments , increase connectivity across the EU, give visibility to the involved local authorities and inform the European citizens about their future connectivity. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.

Amendment 200 #

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information ~~and forecasts~~ regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.

Amendment 201 #

Proposal for a directive
Recital 60

(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. ~~National regulatory authorities~~Without prejudice to confidentiality requirements and protection of business secrets, National regulatory authorities should make available in an open data format and without restrictions to reuse such surveys and should make available tools to end- users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.

Amendment 202 #

Proposal for a directive
Recital 61

Amendment 203 #

Cora van NIEUWENHUIZEN

Proposal for a directive
Recital 61

(61) In the case of specific and well defined digital exclusion areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in very high capacity networks. In the interests of predictable investment conditions, national regulatory authorities should be able to share information with undertakings expressing interest in deploying very high-speed networks on whether other types of network upgrades, including those below 100 Mbps download speed, are present or foreseen in the area in question. Taking into account the high potential of satellite technologies in bringing connectivity to digital exclusion areas in a cost-efficient manner, national regulatory authorities should inform satellite operators about such calls as well, in order to promote the use of the best technologies based on regional specificities.

Amendment 204 #

Proposal for a directive
Recital 61

(61) IBridging digital divide in Europe is essential precondition for achieving a gigabit society where all European will have access to internet and digital services. To this end, in the case of specific and well defined digital exclusion areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in very high capacity networks. In the interests of predictable investment conditions, national regulatory authorities should be able to share information with undertakings expressing interest in deploying very high-speed networks on whether other types of network upgrades, including those below 100 Mbps download speed, are present or foreseen in the area in question.

Amendment 205 #

Miapetra KUMPULA-NATRI, Dan NICA, Martina WERNER, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 61

Amendment 206 #

Proposal for a directive
Recital 61

Amendment 207 #

Proposal for a directive
Recital 61

(61) In the case of specific and well defined digital exclusion areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in very high capacity networks. In the interests of predictable investment conditions and taking account of progressive technology innovation, national regulatory authorities should be able to share information with undertakings expressing interest in deploying very high- speed networks on whether other types of network upgrades, including those below 100 Mbps download speed, are present or foreseen in the area in question.

Amendment 208 #

Proposal for a directive
Recital 61 a (new)

(61 a) In underdeveloped areas, national regulatory authorities should have the possibility to organise a call for declarations of interest with the aim of identifying undertakings that are willing to invest in high capacity networks able to provide download speed between 30 and 100 Mbps by 2020.

Amendment 209 #

Proposal for a directive
Recital 66

(66) One important task assigned to BEREC is to adopt ~~opin~~decisions in relation to cross-border disputes where appropriate. National regulatory authorities should therefore fully ~~reflect any opin~~implement the decision taken by BEREC in their measures imposing any obligation on an undertaking or otherwise resolving the dispute in such cases.

Amendment 210 #

Proposal for a directive
Recital 84

(84) By virtue of their overall economic expertise and market knowledge, and of the objective and technical character of their assessments, and in order to ensure coherence with their other tasks of market regulation, national regulatory authorities should determine the elements of selection procedures and the conditions attached to the rights of use for spectrum which have the greatest impact on market conditions and the competitive situation, including conditions for entry and expansion. That includes for example the parameters for economic valuation of spectrum in compliance with this Directive, the specification of the regulatory and market- shaping measures such as the use of spectrum caps or reservation of spectrum or the imposition of wholesale access obligations, or the means to define the coverage conditions attached to rights of use. A more convergent use and definition of such elements would be favoured by a coordination mechanism whereby BEREC, the Commission and the national regulatory authorities of the other Member States would review draft measures in advance of the granting of rights of use by a given Member Statein parallel to the national public consultation. It is also important that, prior to defining their country's spectrum policy in relation to spectrum licensing, national regulatory authority be in a position to refer to common set of principles regarding spectrum assignment in the EU. BEREC will be responsible for elaborating and updating such guidelines as soon as practicable after the adoption of the Code. Member States should take the utmost account of BEREC's guidelines. The measure determined by the national regulatory authority can only be a subset of a wider national measure, which may more broadly consist of the granting, trade and lease, duration, renewal or the amendment of rights of use for radio spectrum as well as of the selection procedure or the conditions attached to the rights of use. Therefore, when notifying a draft measure, national regulatory authorities may provide information on other draft national measures related to the relevant selection procedure for limiting rights of use for radio spectrum which are not covered by the peer review mechanism.

Amendment 211 #

Proposal for a directive
Recital 86

(86) Member States should be ~~encoura~~obliged to consider joint authorisations as an option when issuing rights of use where the expected usage covers cross- border situations and there is a significant risk of crossborder harmful interference. They should in addition be encouraged to consider such joint authorisations in particular on request of market participants which provide evidence of a crossborder demand for the provision of paneuropean services.

Amendment 212 #

Proposal for a directive
Recital 86

(86) Member States should be encouraged to consider joint authorisations as an option when issuing rights of use where the expected usage covers cross- border situations. Member States should also have the option of empowering BEREC, RSPG or the Commission with the responsibility of conducting the selection process.

Amendment 213 #

Miapetra KUMPULA-NATRI

Proposal for a directive
Recital 91 a (new)

(91 a) Providers of public communications networks or of publicly available electronic communications services should inform end- users of measures they can take to protect the security of their communications, for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks should not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge.

Amendment 214 #

Michał BONI, Françoise GROSSETÊTE, Anne SANDER

Proposal for a directive
Recital 91 a (new)

(91 a) In order to ensure a safeguard to the security and integrity of networks and services, the use of end-to-end encryption should be promoted and, where necessary, be mandatory in accordance with the principles of data protection by design and privacy by design; in particular, Member States should not impose any obligation to encryption providers, providers of electronic communications services and all other organisations (at all levels of the supply chain) that would result in the weakening of the security of their networks and services, such as the allowing or facilitation of "backdoors";

Amendment 215 #

Proposal for a directive
Recital 93

(93) Where the provision of electronic communications relies on public resources whose use is subject to specific authorisation, Member States may grant the authority competent for issuance thereof the right to impose fees to ensure optimal use of those resources, in accordance with the procedures envisaged in this Directive. Such use can be ensured by setting the fees at a level reflecting the value of the spectrum at its next best use. In line with the case-law of the Court of Justice, Member States cannot levy any charges or fees in relation to the provision of networks and electronic communications services other than those provided for by this Directive. In that regard, Member States should have a coherent approach in establishing those charges or fees in order not to provide an undue financial burden linked to the general authorisation procedure or rights of use for undertakings providing electronic communications networks and services.

Amendment 216 #

Michał BONI, Françoise GROSSETÊTE, Anne SANDER

Proposal for a directive
Recital 95

(95) In line with their role of ensuring optimal use of radio spectrum, fees linked to rights of use for radio spectrum can influence decisions about whether to seek such rights and put into use radio spectrum resources. When setting reserve prices as a means to determine the minimum valuation ensuring optimal use, Member States should therefore ensure that such prices, irrespective of the type of selection procedure used, ~~also~~ reflect and be proportionate to the additional costs associated with the fulfilment of authorisation conditions imposed to further policy objectives that would not reasonably be expected to be met pursuant to normal commercial standards, such as territorial coverage conditions. In doing so, regard should also be had to the competitive situation of the market concerned.

Amendment 217 #

Cora van NIEUWENHUIZEN

(103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features, while taking into account the principle of technology neutrality, in order to stimulate a combination of the best technologies per region.

Amendment 218 #

Proposal for a directive
Recital 103

(103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features, in accordance with the principle of technology neutrality.

Amendment 219 #

Miapetra KUMPULA-NATRI, Dan NICA, Martina WERNER, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 103

(103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage to cover close to 100 percent of European citizens should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features.

Amendment 220 #

Proposal for a directive
Recital 103

(103) Ensuring ubiquitous connectivity in each Member State is essential for economic and social development, participation in public life and social and territorial cohesion. As connectivity becomes an integral element to European society and welfare, EU-wide coverage to cover close to 100 percent of European citizens should be achieved by relying on imposition by Member States of appropriate coverage requirements, which should be adapted to each area served and limited to proportionate burdens in order not to hinder deployment by service providers. Coverage of the territory as well as connectivity across Member States should be maximised and reliable, with a view to promote in-border and cross-border services and applications such as connected cars and e-health. Therefore, in order to increase regulatory certainty and predictability of investment needs and to guarantee proportionate and equitable connectivity for all citizens, application by competent authorities of coverage obligations should be coordinated at Union level. Considering national specificities, such coordination should be limited to general criteria to be used to define and measure coverage obligations, such as population density or topographical and topological features.

Amendment 221 #

Pilar del CASTILLO VERA

Proposal for a directive
Recital 105

(105) Spectrum harmonisation and coordination and equipment regulation supported by standardisation are complementary need to be coordinated closely to meet their joint objectives effectively, with the support of the RSPG. Coordination between the content and timing of mandates to CEPT under the Radio Spectrum Decision and standardisation requests to standardisation bodies, such as the European Telecommunications Standards Institute, including with regard to radio receivers parameters, should facilitate the introduction of future systems, support spectrum sharing opportunities and ensure efficient spectrum management. Any standards, specifications or recommendations concerning network elements and associated facilities, whether fixed or mobile, should where feasible take into account any access obligations which may need to be imposed pursuant to this Directive.

Amendment 222 #

Proposal for a directive
Recital 106

(106) The demand for harmonised radio spectrum is not uniform in all parts of the Union. In cases where there is lack of demand for a harmonised band at regional or national level, Member States could exceptionally be able to allow an alternative use of the band as long as such lack of demand persists, is based on a forward-looking assessment of market development and provided that the alternative use does not prejudice the harmonised use of the said band by other Member States and that it ceases when demand for the harmonised use materialises.

Amendment 223 #

Proposal for a directive
Recital 111

(111) In exceptional cases where Member States decide to limit the freedom to provide electronic communications networks and services based on grounds of public policy, public security or public health, ~~Member States should explain the reasons for such limitation~~such limitations should be duly reasoned, provided for by law, respect the essence of the rights and freedoms recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter. Furthermore, any national law allowing public authorities to obtain access to networks or the contents of electronic communications on a generalised basis should be regarded as compromising the essence of the fundamental right to respect for private life, as guaranteed by Article 7 of the Charter.

Amendment 224 #

Cora van NIEUWENHUIZEN

Proposal for a directive
Recital 113

(113) With growing spectrum demand and new varying applications and technologies which necessitate more flexible access and use of spectrum, Member States should promote the shared use of spectrum by determining the most appropriate authorisation regimes for each scenario and by defining appropriate and transparent rules and conditions therefor. In this process, Member States should guarantee the unhampered continuation of existing services making use of spectrum, such as satellite connectivity of different nature, notably communication, earth observation and geo-navigation. Shared use of spectrum increasingly ensures its effective and efficient use by allowing several independent users or devices to access the same frequency band under various types of legal regimes so as to make additional spectrum resources available, raise usage efficiency and facilitate spectrum access for new users. Shared use can be based on general authorisations or licence-exempt use allowing, under specific sharing conditions, several users to access and use the same spectrum in different geographic areas or at different moments in time. It can also be based on individual rights of use under arrangements such as licenced shared access where all users (with an existing user and new users) agree on the terms and conditions for shared access, under the supervision of the competent authorities, in such a way as to ensure a minimum guaranteed radio transmission quality. When allowing shared use under different authorisation regimes, Member States should not set widely diverging durations for such use under different authorisation regimes.

Amendment 225 #

Proposal for a directive
Recital 119

(119) Member States should only impose, prior to the granting of right, the verification of elements that can reasonably be demonstrated by an applicant exercising ordinary care, taking due account of the important public and market value of radio spectrum as a scarce public resource. This is without prejudice to the possibility for subsequent verification of the fulfilment of eligibility criteria, for example through milestones, where criteria could not reasonably be met initially. To preserve effective and efficient use of radio spectrum, Member States should not grant rights where their review indicates applicants' inability to comply with the conditions, without prejudice to the possibility of facilitating time-limited experimental use. Sufficiently long maximum duration of authorisations for the use of spectrum should increase investment predictability to contribute to faster network roll-out and better services, as well as stability to support spectrum trading and leasing, subject to regular reviews to assess whether market development and technological innovation allow for a more efficient use of spectrum. Unless use of spectrum is authorised for an unlimited period of time, such duration should both take account of the objectives pursued and be sufficient to facilitate recoupment of the investments made. While a longer duration can ensure investment predictability, measures to ensure effective and efficient use of radio spectrum, such as the power of the competent authority to amend or withdraw the right in case of non- compliance with the conditions attached to the rights of use, or the facilitation of radio spectrum tradability and leasing, will serve to prevent inappropriate accumulation of radio spectrum and support greater flexibility in distributing spectrum resources. Greater recourse to annualised fees is also a means to ensure a continuous assessment of the use of the spectrum by the holder of the right.

Amendment 226 #

Miapetra KUMPULA-NATRI

Proposal for a directive
Recital 119

(119) Member States should only impose, prior to the granting of right, the verification of elements that can reasonably be demonstrated by an applicant exercising ordinary care, taking due account of the important public and market value of radio spectrum as a scarce public resource. This is without prejudice to the possibility for subsequent verification of the fulfilment of eligibility criteria, for example through milestones, where criteria could not reasonably be met initially. To preserve effective and efficient use of radio spectrum, Member States should not grant rights where their review indicates applicants' inability to comply with the conditions, without prejudice to the possibility of facilitating time-limited experimental use. Sufficiently long duration of authorisations for the use of spectrum should increase investment predictability to contribute to faster network roll-out and better services, as well as stability to support spectrum trading and leasing. Unless use of spectrum is authorised for an unlimited period of time, such duration should both take account of the objectives pursued and be sufficient to facilitate recoupment of the investments made. While a longer duration can ensure investment predictability, measures to ensure effective and efficient use of radio spectrum is equally important, such as the power of the competent authority to make a mid-term assessment following the granting of the rights of use, and to amend or withdraw the right in case of non- compliance with the conditions attached to the rights of use, or the facilitation of radio spectrum tradability and leasing, and will serve to prevent inappropriate accumulation of radio spectrum and support greater flexibility in distributing spectrum resources. Greater recourse to annualised fees is also a means to ensure a continuous assessment of the use of the spectrum by the holder of the right.

Amendment 227 #

Miapetra KUMPULA-NATRI

Proposal for a directive
Recital 124

(124) Measures taken specifically to promote competition when granting or renewing rights of use for radio spectrum should be decided by national regulatory authorities, which have the necessary economic, technical and market knowledge. Spectrum assignment conditions can influence the competitive situation in electronic communications markets and conditions for entry. Limited access to spectrum, in particular when spectrum is scarce, can create a barrier to entry or hamper investment, network roll- out, the provision of new services or applications, innovation and competition. New rights of use, including those acquired through transfer or leasing, and the introduction of new flexible criteria for spectrum use can also influence existing competition. Where unduly applied, certain conditions used to promote competition, can have other effects; for example, spectrum caps and reservations can create artificial scarcity, wholesale access obligations can unduly constrain business models in the absence of market power, and limits on transfers can impede the development of secondary markets. Therefore, a consistent and objective competition test for the imposition of such conditions is necessary and should be applied consistently. The use of such measures should therefore be based on a thorough and objective assessment, by national regulatory authorities, of the market and the competitive conditions thereof. National Regulatory Authorities should however make sure that spectrum is used in an effective and efficient way, facilitating competition and not used only by a limited number of actors in order to limit competition.

Amendment 228 #

Proposal for a directive
Recital 127

(127) Massive growth in radio spectrum demand, and in end-user demand for wireless broadband capacity, calls for solutions allowing alternative, complementary, spectrally efficient access solutions, including low-power wireless access systems with a small-area operating range such as radio local area networks (RLAN) and networks of low-power small- size cellular access points. Such complementary wireless access systems, in particular publicly accessible RLAN access points, increase access to the internet for end-users and mobile traffic off-loading for mobile operators. RLANs use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right. Most RLAN access points are so far used by private users as local wireless extension of their fixed broadband connection. End-users, within the limits of their own internet subscription, should not be prevented from sharing access to their RLAN with others, so as to increase the number of available access points, particularly in densely populated areas, maximise wireless data capacity through radio spectrum re-use and create a cost- effective complementary wireless broadband infrastructure accessible to other end-users. Therefore, unnecessary restrictions to the deployment and interlinkage of RLAN access points should also be removed. Public authorities or public service providers, who use RLANs in their premises for their personnel, visitors or clients, for example to facilitate access to e-Government services or for information on public transport or road traffic management, could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises, to the extent allowed by competition and public procurement rules. Moreover, the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non-commercial basis or as an ancillary service to another activity that is not dependant on such access (such as RLAN hotspots made available to customers of other commercial activities or to the general public in that area) can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end-users or interconnection. However, such provider should not remain subject to the liability rules of Article 12 of Directive 2000/31/EC on electronic commerce35 as the liability of individuals providing local access to third party for a non commercial purpose over content transmitted through their network that they do not control would discourage them to do so. Further technologies such as LiFi are emerging that will complement current radio spectrum capabilities of RLANs and wireless access point to include optical visible light-based access points and lead to hybrid local area networks allowing optical wireless communication. _________________ 35 Directive2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), (OJ L 178, 17.7.2000, p.1).

Amendment 229 #

Proposal for a directive
Recital 127

(127) Massive growth in radio spectrum demand, and in end-user demand for wireless broadband capacity, calls for solutions allowing alternative, complementary, spectrally efficient access solutions, including low-power wireless access systems with a small-area operating range such as radio local area networks (RLAN) and networks of low-power small- size cellular access points. Such complementary wireless access systems, in particular publicly accessible RLAN access points, increase access to the internet for end-users and mobile traffic off-loading for mobile operators. RLANs use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right. Most RLAN access points are so far used by private users as local wireless extension of their fixed broadband connection. End-users, within the limits of their own internet subscription, should ~~not be prevented from~~be encouraged to shar~~ing~~e access to their RLAN with others, so as to increase the number of available access points, particularly in densely populated areas, maximise wireless data capacity through radio spectrum re- use and create a cost- effective complementary wireless broadband infrastructure accessible to other end-users. Therefore, unnecessary restrictions to the deployment and interlinkage of RLAN access points should also be removed. Public authorities or public service providers, who use RLANs in their premises for their personnel, visitors or clients, for example to facilitate access to e-Government services or for information on public transport or road traffic management, could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises, to the extent allowed by competition and public procurement rules. Moreover, the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non-commercial basis or as an ancillary service to another activity that is not dependant on such access (such as RLAN hotspots made available to customers of other commercial activities or to the general public in that area) can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end-users or interconnection. However, such provider, as well as end users or consumers sharing access should remain subject to the liability rules of Article 12 of Directive 2000/31/EC on electronic commerce35 . Further technologies such as LiFi are emerging that will complement current radio spectrum capabilities of RLANs and wireless access point to include optical visible light-based access points and lead to hybrid local area networks allowing optical wireless communication. _________________ 35 Directive2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), (OJ L 178, 17.7.2000, p.1).

Amendment 230 #

Proposal for a directive
Recital 138

(138) In case such interoperability issues arise, the Commission may request a BEREC report which should provide a factual assessment of the market situation at the Union and Member States level. On the basis of the BEREC report and other available evidence and taking into account the effects on the internal market, the Commission should decide whether there is a need for regulatory intervention by national regulatory authorities. If the Commission considers that such regulatory intervention should be considered by National Regulatory Authorities, it may adopt implementing measures specifying the nature and scope of possible regulatory interventions by NRAs, including in particular measures to impose the mandatory use of standards or specifications on all or specific providers. The terms 'European standards' and 'international standards' are defined in Article 2 of Regulation (EU) No 1025/2012.36 National regulatory authorities should assess, in the light of the specific national circumstances, whether any intervention is necessary and justified to ensure end-to-end-connectivity or access to emergency services, and if so, impose proportionate obligations in accordance with the Commission implementing measures. National regulatory authorities should not add additional requirements to the Commission implementing measures as it would create barriers to the internal market. _________________ 36 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council [OJ L 364 of 14.11.2012, p.12]

Amendment 231 #

Olle LUDVIGSSON

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. National regulatory authorities should not impose obligations beyond the first concentration or distribution point when access is already provided at a technical level that allows the access seeker the same functionality and ability to control and tailor its services and costs in a similar way as if they would have enjoyed access through symmetrical regulation. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.

Amendment 232 #

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances in line with the objectives of this directive, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.

Amendment 233 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances in line with the objectives of this directive, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.

Amendment 234 #

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances in line with the objectives of this directive, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.

Amendment 235 #

Proposal for a directive
Recital 139

Amendment 236 #

Proposal for a directive
Recital 139

Amendment 237 #

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligatThe EU cost reduction directive (2014/61/EU) contains additional elements of symmetrical regulation. It requires the European Commissions to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteriasubmit a report on the implementation of this directive to the European Parliament and the Council by 1 July 2018. The findings of the implementation report should first be awaited, to provide a basis for deciding whether additional elements of symmetrical regulation are needed.

Amendment 238 #

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to ~~the first~~a distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The ~~first~~ distribution point sh~~ould be identified by reference to objective criteria~~all be determined by the national regulatory authority. In determining the location of this point, national regulatory authorities shall weigh the benefits resulting from infrastructure competition and the need to avoid inefficient replication of network elements.

Amendment 239 #

Proposal for a directive
Recital 139

(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all o~~perator~~wners of wiring and cables or undertakings that have the right to use such wiring and cables, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria.

Amendment 240 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 139 a (new)

(139 a) In geographic areas where markets, by virtue of prospective investments or commercial agreements, including co-investment agreements, show or can be expected on a forward- looking basis to qualify as an oligopoly, the promotion of competition and safeguarding of end-user benefits are likely to be compromised. When national regulatory authorities can identify Unilateral Market Power (UMP), it is appropriate for them to be active and conduct specific monitoring on an ex ante basis and they are more likely to need to impose or maintain ex-ante obligations. This applies a fortiori if a wholesale market is concerned.

Amendment 241 #

Proposal for a directive
Recital 139 a (new)

(139 a) In geographic areas where markets, by virtue of prospective investments or commercial agreements, including co-investment agreements, show or can be expected on a forward- looking basis to qualify as an oligopoly, the promotion of competition and safeguarding of end-user benefits are likely to be compromised. In such cases, it is appropriate for national regulatory authorities to be vigilant and conduct specific monitoring on an ex ante basis and national regulatory authorities are more likely to need to impose or maintain ex-ante obligations. This applies a fortiori if a wholesale market is concerned.

Amendment 242 #

Proposal for a directive
Recital 140

(140) It could be justified to extend access obligations to wiring and cables beyond the first concentration point in areas with lower population density, while confining such obligations to points as close as possible to end-users, where it is demonstrated that replication would also be impossible beyond that first concentration pointdeleted

Amendment 243 #

Proposal for a directive
Recital 140

(140) It could be justified to extend access obligations to wiring and cables beyond the first concentration point, in particular in areas with lower population density, while confining such obligations to points as close as possible to end-users, where it is demonstrated that replication would also be impossible beyond that first concentration point

Amendment 244 #

Proposal for a directive
Recital 140

(140) It could be justified to extend access obligations to wiring and cables beyond ~~the first~~a concentration point ~~in areas with lower population density, while confining such obligations to points as close as possible to end-users,~~determined by the national regulation authority, in areas with lower population density where it is demonstrated that replication would also be economically unviable or physically impossible beyond that ~~first~~ concentration point

Amendment 245 #

Proposal for a directive
Recital 141

(141) In such cases, in order to comply with the principle of proportionality, it can be appropriate for national regulatory authorities to exclude certain categories of owners or undertakings, or both, from obligations going beyond the first distribution point, on the grounds that an access obligation not based on significant market power would risk compromising their business case for recently deployed network elements. Structurally separated undertakings should not be subject to such access obligations if they offer an effective alternative access on a commercial basis to a very high capacity network.deleted

Amendment 246 #

Proposal for a directive
Recital 141

Amendment 247 #

Lieve WIERINCK, Hilde VAUTMANS

Proposal for a directive
Recital 142

(142) Sharing of passive ~~or active~~ infrastructure used in the provision of wireless electronic communications services, ~~or the joint roll-out of such infrastructures,~~ in compliance with competition law principles can be particularly useful to maximise very high capacity connectivity throughout the Union, especially in less dense areas where replication is impracticable and end-users risk being deprived of such connectivity. National regulatory authorities should, exceptionally, be enabled to impose such sharing ~~or joint roll-out~~, or localised roaming access, in compliance with Union law, if they demonstrate the benefits of such sharing or access in terms of overcoming very significant barriers to replication and of addressing otherwise severe restrictions on end-user choice or quality of service, or both, or on territorial coverage, and taking into account several elements, including in particular the need to maintain infrastructure roll-out incentives. Access to wiring and cables inside buildings remains an important obstacle to competition. It is important to ensure that any interested third party receives access to information retained by owners or users of such in-building infrastructure and that all reasonable access requests be met.

Amendment 248 #

Proposal for a directive
Recital 143

(143) While it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end-to-end connectivity or interoperability of services, it is however necessary to ensure that such obligations are imposed in conformity with the regulatory framework and, in particular, its notification procedures. Such obligations must only be imposed where justified in order to secure the objectives of this Directive, and where they are objectively justified, transparent, proportionate and non-discriminatory for the purpose of promoting efficiency, sustainable competition, efficient investment and innovation, and giving the maximum benefit to end-users, and imposed in conformity with the relevant notification procedures.

Amendment 249 #

Proposal for a directive
Recital 143

Amendment 250 #

Proposal for a directive
Recital 147

(147) Two or more undertakings can be found to enjoy a joint dominant position not only where there exist structural or other links between them but also where the structure of the relevant market is conducive to coordinated effects, that is, it encourages parallel or aligned anti- competitive behaviour on the market. In light of the increased convergence and consolidation in electronic communications markets, including in some cases content-related markets, with increasing markets being composed of oligopolies or duopolies, that could lead to the ineffectiveness of the current SMP framework, there is a need to consider whether two or more undertakings can also be found to have a position equivalent to having significant market power where they might significantly impede effective competition. The assessment should take into account the relevant markets including but not limited to the market shares of other market participants, the market power of an undertaking on closely related markets, barriers to entry, market concentration, product differentiation, capacity constraints and switching costs.

Amendment 251 #

Proposal for a directive
Recital 155

(155) For national regulatory authorities t~~he starting point for~~o facilitate the identification of wholesale markets susceptible to ex ante regulation i~~s the analysis of corresponding~~t might be appropriate to analyse the relevant retail markets. It is however not necessary to formally define the retail markets when the focus of the market analysis procedure is on a wholesale market as an wholesale market might correspond to more than one retail markets. The analysis of effective competition at the retail and at the wholesale level is conducted from a forward-looking perspective over a given time horizon, and is guided by competition law, including the relevant case-law of the Court of Justice, as appropriate. If it is concluded that a retail markets would be effectively competitive in the absence of ex ante wholesale regulation on the corresponding relevant market(s), this ~~should~~may lead the national regulatory authority to conclude that regulation is no longer needed at the relevant wholesale level.

Amendment 252 #

Proposal for a directive
Recital 157

(157) When assessing wholesale regulation to solve problems at the retail level, national regulatory authorities should take into account that several wholesale markets can provide wholesale upstream inputs for a particular retail market, and conversely, one wholesale market can provide wholesale upstream inputs for a variety of retail markets. Furthermore, competitive dynamics in a particular market can be influenced by markets that are contiguous but not in a vertical relationship, such as can be the case between certain fixed and mobile markets. National regulatory authorities should conduct that assessment for each individual wholesale market considered for regulation, ~~starting with~~assessing whether remedies for access to civil infrastructure, as such remedies ~~are~~being usually conducive to more sustainable competition including infrastructure competition, but at the same time subject to availability or physical constraints, or remedies for access to associated facilities, are the most appropriate and thereafter analysing any wholesale markets considered susceptible to ex ante regulation in order of their likely suitability to address identified competition problems at retail level. When deciding on the specific remedy to be imposed, national regulatory authorities should assess its technical feasibility and carry out a cost- benefit analysis, having regard to its degree of suitability to address the identified competition problems at retail level, and enabling sustainable competition based on differentiation and technological neutrality . National regulatory authorities should consider the consequences of imposing any specific remedy which, if feasible only on certain network topologies, could constitute a disincentive for the deployment of very high capacity networks in the interest of end-users. In addition, national regulatory authorities should provide incentives through the remedies imposed, and where it is possible before the roll-out of infrastructure, for the development of flexible and open network architecture, which would reduce eventually the burden and complexity of remedies imposed at a later stage. At each stage of the assessment, before the national regulatory authority determines whether any additional remedy should be imposed on the significant market power operator, it should seek to determine whether the re~~tail~~levant markets concerned would be effectively competitive in the light of any relevant commercial arrangements or other wholesale market circumstances, including other types of regulation already in force, such as for example general access obligations to non-replicable assets or obligations imposed pursuant to Directive 2014/61/EU, and of any regulation already deemed appropriate by the national regulatory authority for an operator with significant market power. Even if such differences do not result in the definition of distinct geographic markets, they may justify differentiation in the appropriate remedies imposed in the light of the diferring intensity of competitive constraints.

Amendment 253 #

Proposal for a directive
Recital 164

(164) When assessing the proportionality of the obligations and conditions to be imposed, national regulatory authorities should take into account the different competitive conditions existing in the different areas within their Member States having regard in particular to the results of the geographical survey conducted in accordance with this Directive. National regulatory authorities shall ensure that the obligations they impose on operators designated with significant market power are effective. National regulatory authorities may set in advance penalty schemes to be applied in the event of a breach of those obligations.

Amendment 254 #

Werner LANGEN, Sabine VERHEYEN, Norbert LINS, Markus PIEPER

Proposal for a directive
Recital 164

(164) When assessing the proportionality of the obligations and conditions to be imposed, national regulatory authorities should take into account the different competitive conditions existing in the different areas within their Member States having regard in particular to the results of the geographical survey conducted in accordance with this Directive . In order to ensure that operators with significant market power genuinely comply with obligations, national regulatory authorities may make provision for penalties for infringements.

Amendment 255 #

Proposal for a directive
Recital 172

(172) Civil engineering assets that can host an electronic communications network are crucial for the successful roll-out of new very high capacity networks because of the high cost of duplicating them, and the significant savings that can be made when they can be reused. Therefore, in addition to the rules on physical infrastructure laid down in Directive 2014/61/EU, a specific remedy is necessary in those circumstances where civil engineering assets are owned by an operator designated with significant market power. Where civil engineering assets exist and are reusable, the positive effect of achieving effective access to them on the roll-out of competing infrastructure is very high, and it is therefore necessary to ensure that access to such assets can be used as a self-standing remedy for the improvement of competitive and deployment dynamics in any downstream market, to be considered before assessing the need to impose any other potential remedies, and not just as an ancillary remedy to other wholesale products or services or as a remedy limited to undertakings availing of such other wholesale products or services. National regulatory authorities should value reusable legacy civil engineering assets on the basis of the regulatory accounting value net of the accumulated depreciation at the time of calculation, indexed by an appropriate price index, such as the retail price index, and excluding those assets which are fully depreciated, over a period of not less than 40 years, but still in use.deleted

Amendment 256 #

Proposal for a directive
Recital 172

(172) Civil engineering assets that can host an electronic communications network are crucial for the successful roll-out of new very high capacity networks because of the high cost of duplicating them, and the significant savings that can be made when they can be reused. Therefore, in addition to the rules on physical infrastructure laid down in Directive 2014/61/EU, a specific remedy is necessary in those circumstances where civil engineering assets are owned by an operator designated with significant market power. Where civil engineering assets exist and are reusable, the positive effect of achieving effective access to them on the roll-out of competing infrastructure is very high, and it is therefore necessary to ensure that access to such assets can be used as a self-standing remedy for the improvement of competitive and deployment dynamics in any downstream market, to be considered before assessing the need to impose any other potential remedies, and not just as an ancillary remedy to other wholesale products or services or as a remedy limited to undertakings availing of such other wholesale products or services. However, access to such assets can be limited by physical constraints or limited availability, therefore equivalent means of access such as access to dark fiber should also be considered. National regulatory authorities should value reusable legacy civil engineering assets on the basis of the regulatory accounting value net of the accumulated depreciation at the time of calculation, indexed by an appropriate price index, such as the retail price index, and excluding those assets which are fully depreciated, over a period of not less than 40 years, but still in use.

Amendment 257 #

Werner LANGEN, Norbert LINS, Sabine VERHEYEN

Proposal for a directive
Recital 172

(172) Civil engineering assets that can host an electronic communications network or passive infrastructure such as inactive cables are crucial for the successful roll- out of new very high capacity networks because of the high cost of duplicating them, and the significant savings that can be made when they can be reused. Therefore, in addition to the rules on physical infrastructure laid down in Directive 2014/61/EU, a specific remedy is necessary in those circumstances where civil engineering assets are owned by an operator designated with significant market power. Where civil engineering assets or passive infrastructure exist and are reusable, the positive effect of achieving effective access to them on the roll-out of competing infrastructure is very high, and it is therefore necessary to ensure that access to such assets can be used as a self- standing remedy for the improvement of competitive and deployment dynamics in any downstream market, to be considered before assessing the need to impose any other potential remedies, and not just as an ancillary remedy to other wholesale products or services or as a remedy limited to undertakings availing of such other wholesale products or services. National regulatory authorities should value reusable legacy civil engineering assets on the basis of the regulatory accounting value net of the accumulated depreciation at the time of calculation, indexed by an appropriate price index, such as the retail price index, and excluding those assets which are fully depreciated, over a period of not less than 40 years, but still in use.

Amendment 258 #

Proposal for a directive
Recital 173

(173) National regulatory authorities should, when imposing obligations for access to new and enhanced infrastructures, ensure that access conditions reflect the circumstances underlying the investment decision, taking into account, inter alia, the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, in order to provide planning certainty to investors, national regulatory authorities should be able to set, if applicable, terms and conditions for access which are consistent over appropriate review periods. In the event that price controls are deemed appropriate, such terms and conditions can include pricing arrangements which depend on volumes or length of contract in accordance with Union law and provided they have no discriminatory effect. Any access conditions imposed should respect the need to preserve effective competition in services to consumers and businesses. Each obligation should be assessed separately; with one exception, there is no hierarchy among the obligations that national regulatory authorities may impose. However, in accordance with the principle of proportionality, an obligation regarding access to certain network facilities and their use may be imposed only if an obligation of access to civil engineering assets is either not imposed or not imposed effectively.

Amendment 259 #

Proposal for a directive
Recital 173

(173) National regulatory authorities should, when imposing obligations for access to new and enhanced infrastructures, ensure that access conditions reflect the circumstances underlying the investment decision, taking into account, inter alia, the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, in order to provide planning certainty to investors, national regulatory authorities should be able to set, if applicable, terms and conditions for access which are consistent over appropriate review periods. In the event that price controls are deemed appropriate, such terms and conditions can include pricing arrangements which depend on volumes or length of contract in accordance with Union law and provided they have no discriminatory effect. Any access conditions imposed should respect the need to preserve effective competition in services to consumers and businesses. Each obligation shall be assessed separately and there is no hierarchy between the various obligations which national regulatory authorities can impose with one exception. In compliance with the principle of proportionality, the obligation to provide access to and use of specific network facilities shall only be imposed if the obligation to provide access to civil engineering is not or unlikely to be effective.

Amendment 260 #

Proposal for a directive
Recital 175

(175) In geographic areas where two access networks can be expected on a forward-looking basis, end-users are more likely to benefit from improvements in network quality, by virtue of infrastructure-based competition, than in areas where only one network persists. The adequacy of competition on other parameters, such as price and choice, is likely to depend on the national and local competitive circumstances. Where at least one of the network operators offers wholesale access to any interested undertaking on reasonable commercial terms permitting sustainable competition on the retail market, national regulatory authorities are unlikely to need to impose or maintain SMP-based wholesale access obligations, beyond access to civil infrastructure, therefore reliance can be placed on the application of general competition rules. This applies a fortiori if both network operators offer reasonable commercial wholesale access. In both such cases, it may be more appropriate for national regulatory authorities to rely on specific monitoring on an ex post basis. Where on a forward-looking basis, three access network operators are present or are expected to be present and to sustainably compete in the same retail and wholesale markets (e.g. as can be the case for mobile, and as can occur in some geographic areas for fixed-line networks, especially where there is effective access to civil infrastructure and/or co- investment, such that three or more operators have effective control over the necessary access network assets to meet retail demand), national regulatory authorities will be less likely to identify an operator as having SMP, unless they make a finding of collective dominance, or if each of the undertakings in question has significant market power in distinct wholesale markets, such as in the case of voice call termination markets. The application of general competition rules in such markets characterised by sustainable and effective infrastructure- based competition should be sufficient.deleted

Amendment 261 #

Proposal for a directive
Recital 175

Amendment 262 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Jeppe KOFOD

Proposal for a directive
Recital 175

Amendment 263 #

Proposal for a directive
Recital 175

Amendment 264 #

Proposal for a directive
Recital 175

Amendment 265 #

Proposal for a directive
Recital 175

(175) In geographic areas where two access networks can be expected on a forward-looking basis, end-users are more likely to benefit from improvements in network quality, by virtue of infrastructure- based competition, than in areas where only one network persists. The adequacy of competition on other parameters, such as price and choice, is likely to depend on the national and local competitive circumstances. Where at least one of the network operators offers wholesale access to any interested undertaking on reasonable commercial terms permitting long term sustainable competition on the re~~tail~~levant markets, national regulatory authorities are unlikely to need to impose or maintain SMP-based wholesale access obligations, beyond access to civil infrastructure, therefore reliance can be placed on the application of general competition rules. This applies a fortiori if both network operators offer reasonable commercial wholesale access. In both such cases, it may be more appropriate for national regulatory authorities to rely on specific monitoring on an ex post basis. Where on a forward- looking basis, three access network operators are present or are expected to be present and to sustainably compete in the same retail and wholesale markets (e.g. as can be the case for mobile, and as can occur in some geographic areas for fixed- line networks, especially where there is effective access to civil infrastructure and/or co-investment, such that three or more operators have effective control over the necessary access network assets to meet retail demand), national regulatory authorities will be less likely to identify an operator as having SMP, unless they make a finding of collective dominance, or significant impediment to effective competition, or if each of the undertakings in question has significant market power in distinct wholesale markets, such as in the case of voice call termination markets. The application of general competition rules in such markets characterised by sustainable and effective infrastructure-based competition should be sufficient.

Amendment 266 #

Proposal for a directive
Recital 177

(177) Price control may be necessary when market analysis in a particular market reveals inefficient competition. In particular, operators with significant market power should avoid a price squeeze whereby the difference between their retail prices and the interconnection and/or access prices charged to competitors who provide similar retail services is not adequate to ensure sustainable competition. When a national regulatory authority calculates costs incurred in establishing a service mandated under this Directive, it is appropriate to allow a reasonable return on the capital employed including appropriate labour and building costs, with the value of capital adjusted where necessary to reflect the current valuation of assets and efficiency of operations. The method of cost recovery should be appropriate to the circumstances taking account of the need to promote efficiency, sustainable competition and deployment of very high capacity networks and thereby maximise end-user benefits, and should take in account the need to have predictable and stable wholesale prices for the benefit of all operators seeking to deploy new and enhanced networks, in accordance with Commission guidance37 . _________________ 37 Commission Recommendation 2013/466/EU of 11 September 2013 on consistent non-discrimination obligations and costing methodologies to promote competition and enhance the broadband investment environment, OJ L 251, 21.9.2013, p. 13.

Amendment 267 #

Proposal for a directive
Recital 178

(178) Due to uncertainty regarding the rate of materialisation of demand for the provision of next-generation broadband services it is important in order to promote efficient investment and innovation to allow those operators investing in new or upgraded networks a certain degree of pricing flexibility. To prevent excessive prices in markets where there are operators designated as having significant market power, pricing flexibility should be accompanied by additional safeguards to protect competition and end-user interests, such as strict non- discrimination obligations, measures to ensure technical and economic replicability of downstream products, and a demonstrable retail price constraint resulting from infrastructure competition or a price anchor stemming from other regulated access products, or both. Those competitive safeguards do not prejudice the identification by national regulatory authorities of other circumstances under which it would be appropriate not to impose regulated access prices for certain wholesale inputs, such as where high price elasticity of end-user demand makes it unprofitable for the operator with significant market power to charge prices appreciably above the competitive level.deleted

Amendment 268 #

Proposal for a directive
Recital 178

(178) Due to uncertainty regarding the rate of materialisation of demand for the provision of next-generation broadband services it is important in order to promote efficient investment and innovation to allow those operators investing in new or upgraded networks a certain degree of pricing flexibility. To prevent excessive prices in markets where there are operators designated as having significant market power, pricing flexibility should be accompanied by additional safeguards to protect competition and end-user interests, such as ~~strict~~effective non-discrimination obligations, measures to ensure technical and economic replicability of downstream products, and a demonstrable retail price constraint resulting from infrastructure competition ~~or a price anchor stemming from other regulated access products, or both~~. To this end, it is important to ensure that any safeguard limiting pricing flexibility does not negatively impact investments in new or upgraded networks. This includes, inter alia, that price controls based on retail prices must not lead to a level of regulated wholesale prices that does not allow to recover the costs connected to the deployment and operating of new networks and thus to a situation where the investing operator is put in a worse position than non-investing access seekers. Those competitive safeguards do not prejudice the identification by national regulatory authorities of other circumstances under which it would be appropriate not to impose regulated access prices for certain wholesale inputs, such as where high price elasticity of end-user demand makes it unprofitable for the operator with significant market power to charge prices appreciably above the competitive level.

Amendment 269 #

Proposal for a directive
Recital 180

(180) The charging system in the Union for wholesale voice call termination is based on Calling Party Network Pays. An analysis of demand and supply substitutability shows that currently or in the foreseeable future, there are as yet no substitutes at wholesale level which might constrain the setting of charges for termination in a given network. Taking into account the two-way access nature of termination markets, further potential competition problems include cross- subsidisation between operators. These potential competition problems are common to both fixed and mobile voice call termination markets. Therefore, in the light of the ability and incentives of terminating operators to raise prices substantially above cost, cost orientation is considered the most appropriate intervention to address this concern over the medium term.deleted

Amendment 270 #

Proposal for a directive
Recital 181

(181) In order to reduce the regulatory burden in addressing the competition problems relating to wholesale voice call termination coherently across the Union, this Directive should lay down a common approach as a basis for setting price control obligations, to be completed by a binding common methodology to be determined by the Commission and by technical guidance which should be developed by BEREC.deleted

Amendment 271 #

Proposal for a directive
Recital 182

(182) In order to simplify their setting and facilitate their imposition where appropriate, wholesale voice call termination rates in fixed and mobile markets in the Union shall be set by means of a delegated act. This Directive should lay down the detailed criteria and parameters on the basis of which the values of voice call termination rates are set. In applying that set of criteria and parameters, the Commission should take into account, inter alia, that only those costs which are incremental to the provision of wholesale call termination service should be covered; that spectrum fees are subscriber- and not traffic-driven and should therefore be excluded and that additional spectrum is mainly allocated for data and therefore not relevant for the call termination increment; that it is recognised that while in mobile networks a minimum efficient scale is estimated at the level of at least 20% market share, in the fixed networks smaller operators can achieve the same efficiencies and produce at the same unit costs as the efficient operator, independently of their size. When setting the exact maximum rate, the Commission should include appropriate weighting to take into account the total number of end-users in each Member State, where this is required on account of remaining cost divergences. When the Commission determines that rate, the experience of BEREC and the national regulatory authorities in building suitable cost models will be invaluable and should be taken into account.deleted

Amendment 272 #

Proposal for a directive
Recital 183

(183) This Directive sets maximum wholesale voice call termination rates for fixed and mobile networks below which the initial delegated act will establish the exact rate to be applied by national regulatory authorities. The initial rate will be further updated. Based on the bottom- up pure LRIC models applied by national regulators to date and applying the above criteria the voice termination rates currently vary from 0.4045 €cent per minute to 1.226 €cent per minute in mobile networks and between 0.0430 €cent per minute and 0.1400 €cent per minute in fixed networks in the most local layer of interconnection (calculated as a weighted average between peak and off- peak rates). The variation in rates is due to different local conditions and relative price structures currently existing as well as to the different timing of the model calculations across Member States. In addition, in fixed networks the level of cost efficient termination rates depends also on the network layer where the termination service is provided.deleted

Amendment 273 #

Proposal for a directive
Recital 183

(183) This Directive ~~sets~~requires the Commission to set a maximum wholesale voice call termination rates for fixed and mobile networks ~~below which the initial delegated act~~through a delegated act. The initial delegated act required for that purpose will establish the exact rate to be applied by national regulatory authorities. The initial rate will be further updated. Based on the bottom-up pure LRIC models applied by national regulators to date and applying the above criteria the voice termination rates currently vary from 0.4045 €cent per minute to 1.226 €cent per minute in mobile networks and between 0.0430 €cent per minute and 0.1400 €cent per minute in fixed networks in the most local layer of interconnection (calculated as a weighted average between peak and off- peak rates). The variation in rates is due to different local conditions and relative price structures currently existing as well as to the different timing of the model calculations across Member States. In addition, in fixed networks the level of cost efficient termination rates depends also on the network layer where the termination service is provided.

Amendment 274 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements can offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.

Amendment 275 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure. National regulatory authorities must lay down clear conditions for co-investment in the respective Member States. Co-investment must prevent co-investors or other undertakings from being placed at a competitive disadvantage on the market. Co-investment must ensure open access for all undertakings wishing to participate in it.

Amendment 276 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements could offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements ~~which significantly contribute to the deployment~~ of very high capacity networks, the national regulatory authority should ~~typically refrain from imposing~~ensure that any obligations imposed pursuant to this Directive on the new network elements, are justified and proportionate subject to further review in subsequent market analyses, to the terms of the co-investment, the balance of powers between investors, and the risk that such agreements may strengthen position of significant market power or lead to the development of situations of significant impediment to effective competition. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities ~~can~~should still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with ~~comparable~~equivalent functionality to those previously available on the legacy infrastructure.

Amendment 277 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, ~~co-investment agreements offer~~the regulatory framework aims at promoting very high capacity deployment models which (a) provide significant benefits in terms of pooling of costs and risks, enabling ~~smaller-scale~~ operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure- based competition might not be efficient~~. Where an operator with significant market power makes an open call for co-investment~~; and (b) take into account the different market characteristics and best practices for deployment of new network elements within Member States. Where an operator with significant market power makes an open call for co-investment or provides a wholesale offer including risk sharing, or establishes a joint venture with one or more undertakings competing on retail or wholesale level on fair, reasonable and non-discriminatory terms ~~in new network elements~~ which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements~~, subject to further review in subsequent market analyses~~. Provided due account is taken of the prospective pro-competitive effects of the ~~co-investment at wholesale and retail level,~~ national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.

Amendment 278 #

Gunnar HÖKMARK, Henna VIRKKUNEN, Bendt BENDTSEN

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. If the national regulatory authority decides not to impose obligations, it must ensure that competition and market access are not compromised. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.

Amendment 279 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, and such an offer is taken up by a co-investor and agreed upon, or when commercial access agreements based on the same preconditions have equivalent results, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro- competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.

Amendment 280 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where open calls for tender are used for co-investment in new network elements which have been published by an operator with significant market power ~~makes an open call for co-investment~~ on fair, reasonable and non- discriminatory terms ~~in new network elements which significantly~~, or where other investment models are used which contribute equally to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro- competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.

Amendment 281 #

Proposal for a directive
Recital 184

(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power ~~makes an open call~~concludes an agreement for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.

Amendment 282 #

Proposal for a directive
Recital 190

(190) Network owners that do not have retail market activities and whose business model is therefore limited to the provision of wholesale services to others, can be beneficial to the creation of a thriving wholesale market, with positive effects on retail competition downstream. Furthermore, their business model can be attractive to potential financial investors in less volatile infrastructure assets and with longer term perspectives on deployment of very high capacity networks. Such models should therefore be promoted and encouraged. This category of network owners should not include untertakings that were either functionally separated or voluntary separated as incentives and remaining links with the customer base might still create competition concerns. Nevertheless, the presence of a wholesale- only operator does not necessarily lead to effectively competitive retail markets, and wholesale- only operators can be designated with significant market power in particular product and geographic markets. The competition risks arising from the behaviour of operators following wholesale-only business models might be lower than for vertically integrated operators, provided the wholesale-only model is genuine and no incentives to discriminate between downstream providers exist. The regulatory response should therefore be commensurately less intrusive. On the other hand, national regulatory authorities must be able to intervene if competition problems have arisen to the detriment of end-users.

Amendment 283 #

Proposal for a directive
Recital 190

(190) Network owners that do not have retail market activities and whose business model is therefore limited to the provision of wholesale services to others, can be beneficial to the creation of a thriving wholesale market, with positive effects on retail competition downstream. Furthermore, their business model can be attractive to potential financial investors in less volatile infrastructure assets and with longer term perspectives on deployment of very high capacity networks. Nevertheless, the presence of a wholesale- only operator does not necessarily lead to effectively competitive retail markets, and wholesale-only operators can be designated with significant market power in particular product and geographic markets. The competition risks arising from the behaviour of operators following wholesale-only business models might be lower than for vertically integrated operators, provided the wholesale-only model is genuine and no incentives to discriminate between downstream providers exist. The regulatory response should therefore be commensurately less intrusive. On the other hand, national regulatory authorities must be able to intervene if competition problems have arisen to the detriment of end-users.

Amendment 284 #

Proposal for a directive
Recital 191

(191) To facilitate the migration from legacy copper networks to next-generation networks, which is in the interests of end- users, national regulatory authorities should be able to monitor network operators' own initiatives in this respect and to establish, where necessary, an appropriate migration process, for example by means of prior notice, setting out a concrete deadline, transparency and acceptable ~~comparable~~equivalent access products, once the intent and readiness by the network owner to switch off the copper network is clearly demonstrated. In order to avoid unjustified delays to the migration, national regulatory authorities should be empowered to withdraw access obligations relating to the copper network once an adequate migration process has been established.

Amendment 285 #

Proposal for a directive
Recital 223

(223) In order to effectively support the free movement of goods, services and persons within the Union, it should be possible to use certain national numbering resources, in particular certain non- geographic numbers, in an extraterritorial manner, that is to say outside the territory of the assigning Member State throughout the territory of the Union. In view of the considerable risk of fraud with respect to interpersonal communications, such extraterritorial use should be allowed for electronic communications services with the exception of interpersonal communications services. Member States should therefore ensure that relevant national laws, in particular consumer protection rules and other rules related to the use of numbers, are enforced independently of the Member State where the rights of use for numbers have been granted. That should entail that the national regulatory and other competent authorities of those Member States where a number is used are competent to apply their national laws to the undertaking to which the number has been assigned. In addition, the national regulatory authorities of those Member States should have the possibility to request the support of the national regulatory authority responsible for the assignment of the number to assist them in enforcing the respect of the rules applicable in those Member states where the number is used. Such support measures should include dissuasive sanctions, in particular in case of a serious breach the withdrawal of the right of extraterritorial use for the numbers assigned to the undertaking concerned. ~~The requirements on extraterritorial use should be~~Member states should therefore not impose additional requirements on extraterritorial use of such numbers as it would hinder their crossborder use and create a barrier to the internal market, without prejudice to Member States' powers to block, on a case- by case basis, access to numbers or services where that is justified by reasons of fraud or misuse. The extraterritorial use of numbers should be without prejudice to Union's rules related to the provision of roaming services, including those relative to preventing anomalous or abusive use of roaming services which are subject to retail price regulation and which benefit from regulated wholesale roaming rates. Member States should continue to be able to enter into specific agreements on extraterritorial use of numbering resources with third countries.

Amendment 286 #

Proposal for a directive
Recital 246

(246) Any changes to the contractual conditions improposed by providers of publicly available electronic communications services other than number-independent interpersonal communications services, to the detriment of the end-user, for example in relation to charges, tariffs, data volume limitations, data speeds, coverage, or the processing of personal data should be considered as giving rise to the right of the end-user to terminate the contract without incurring any costs, even if they are combined with some beneficial changes.

Amendment 287 #

Proposal for a directive
Recital 254

(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including disabled end-users, the elderly, and users with special social needs, have easy access to affordable high quality services regardless of their place of residence within the Union. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disability in drawing up measures under Article 114 of the TFEU.

Amendment 288 #

Proposal for a directive
Recital 259

(259) Caller location information improves the level of protection and the security of end-users and assists the emergency services in the discharge of their duties, provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of PSAPs. The reception and use of caller location information should comply with relevant Union law on the processing of personal data. Undertakings that provide network-based location should make caller location information available to emergency services as soon as the call reaches that service, independently of the technology used. However handset-based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the EGNOS and Galileo Satellite system and other Global Navigation Satellite Systems and Wi-Fi data. Therefore handset-derived caller location information should complement network-based location information even if the handset-derived location may become available only after the emergency communication is set up. Member States should ensure that the PSAPs are able to retrieve and manage the caller location information available. The establishment and transmission of caller location information should be free of charge, where feasible, for both the end-user and the authority handling the emergency communication irrespective of the means of establishment, for example through the handset or the network, or the means of transmission, for example through voice channel, SMS or Internet Protocol-based.

Amendment 289 #

(265) End-users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the Union for the reception of digital television. Member States should be able to require minimum harmonised standards in respect of such equipment. Such standards could be adapted from time to time in the light of technological and market developments.Does not affect the English version.)

Amendment 290 #

Proposal for a directive
Recital 266 a (new)

(266a) In order to enable listeners to use radio services anywhere in Europe, irrespective of the broadcasting standards used in the individual Member States, radios, including car radios, should be able to receive analog and digital and/or IP services. This will ensure that interoperability, which is currently based on FM radio, continues in the digital age. It will also enhance public safety by enabling listeners to receive emergency information irrespective of the technology used, whether at home or in the car, as well as traffic information when travelling in the Union.

Amendment 291 #

Proposal for a directive
Recital 269

(269) Member States should be able to lay down proportionate and transparent obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, ~~but such obligations should only be imposed where they are necessary~~ to meet general interest objectives clearly defined by Member States in conformity with Union law ~~and should be proportionate and transparent~~. ‘Must carry’ obligations may be applied to specified radio ~~and television~~ broadcast channels, audiovisual media services and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives, such as media pluralism and cultural diversity. Such requirements should include high-quality reception of the specified services. Member States should provide an objective justification for the ‘must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. ~~The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure.~~ Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision for proportionate remuneration. 'Must carry' obligations must be laid down independently and must in no way undermine the right of holders of copyright and related rights to fair remuneration for the use of their protected works on the network concerned.

Amendment 292 #

Proposal for a directive
Recital 270

(270) ~~Networks used for the distribution of radio or television broadcast~~'Must carry' obligations should be applied in a technologically neutral fashion while taking account of ongoing changes to media distribution systems and consumer trends. Electronic communications networks and services used for the distribution of radio broadcasts or audiovisual media services to the public include cable, IPTV, satellite and terrestrial broadcasting ~~networks~~. They might also include other networks and services to the extent that a significant number of end- users use ~~such networks as their principal means to receive radio and television broadcast~~them to receive radio broadcasts and audiovisual media services. In this context, the criteria used to determine what constitutes 'a significant number of end-users' should take account of, among others things, technological developments and the consumption patterns of specific end-user groups. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations. 'Must carry' obligations should ensure that end-users can access connected TV services, which can include audiovisual media services, radio and audio services and interactive services offering applications, games, voting facilities, clips, text, images, illustrations and graphics.

Amendment 293 #

Proposal for a directive
Recital 270

(270) ~~Network~~Must-carry obligations should be applied in a technologically neutral manner taking into account evolving media distribution systems and consumer trends. Electronic communications networks and services used for the distribution of radio or ~~television broadcast~~audiovisual media services to the public include cable, IPTV, satellite and terrestrial broadcasting ~~networks~~. They might also include other networks and services to the extent that they are used by a significant number of end- users ~~use such networks as their principal means to receive radio and television broadcast~~to receive radio and audiovisual media services. Relevant criteria for assessing the concept of "a significant number of end-users" in this context may take into account inter alia developments in technology and consumption patterns of specific end-user groups. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end- users with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the ~~continued~~ importance of electronic programme guides and other navigation facilities for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations. Must carry obligations should enable access for end-users to connected TV services.

Amendment 294 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Recital 270

Amendment 295 #

Proposal for a directive
Recital 270 a (new)

(270a) 'Electronic programme guide' should be regarded as a dynamic concept in view of the ongoing changes to technologies and presentation and navigation tools deployed on the networks used to distribute radio broadcasts, audiovisual media services and connected TV services. Developments in those services should also be taken into account.

Amendment 296 #

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

The aim of this Directive is on the one hand to implement an internal market in electronic communications networks and services that will result in deployment and take-up of very high capacity secured networks, sustainable competition, interoperability of electronic communications services, accessibility and end-user benefits.

Amendment 297 #

Proposal for a directive
Article 1 – paragraph 3 – indent 1

- obligations imposed by national law in accordance with Union law or by Union law in respect of services provided using electronic communications networks and services ; - measures taken at Union or national level, in compliance with Union law, to pursue general interest objectives, in particular relating to ~~content regulation and audio-visual policy. - the provisions of Directive 2014/53/EU.~~the protection of personal data and privacy, content regulation and audio-visual policy

Amendment 298 #

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

(1) ‘electronic communications network’ means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet- switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed; it does not include network elements managed by individuals in the context of not-for-profit activities;

Amendment 299 #

Michał BONI, Gunnar HÖKMARK

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

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

Amendment 300 #

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

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or any other type of network which is capable of delivering under usual peak- time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. ~~Network performance can be considered similar regardless of wh~~Very high capacity networks are in any case fibre to the home networks or any other network which provides the technical performance requirements needed for the backhaul of 5G networks. Network performance will be assessed solely on the basis of technical paramethers and not take into account the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 301 #

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

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

Amendment 302 #

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

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

Amendment 303 #

Gunnar HÖKMARK, Michał BONI, Krišjānis KARIŅŠ, Bendt BENDTSEN

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

(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak- time conditions ~~similar~~a network performance of at least 250 Mbit/s in terms of available down- and uplink bandwidth, ~~resilience, error- related parameters, and latency and its variation. Network performance can be considered similar~~upgradeable to symmetrical 1 Gbit/s, at least 99.99% reliability and latency of 5 ms or less. Network performance should be measured and assessed with the final consumer, regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 304 #

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

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

Amendment 305 #

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

(2) 'very high capacity network' means an electronic communications network which ~~either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which~~ is capable of delivering under usual peak-time conditions ~~similar~~ network performance, in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation~~. Network performance can be considered similar regardless of whether the~~, meeting the needs of the most demanding, digitally intensive end-users, and in particular a network consisting of optical elements at least up to the distribution point at the serving location. Network performance should be assessed without regard to variations in end-user experience ~~varies~~ due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 306 #

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

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

Amendment 307 #

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

(2) 'very high capacity network' means an electronic communications network which either consists wholly or partly of optical fibre elements a~~t least up to the distribution point at the serving location~~ nd/or which is capable of delivering under usual peak- time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 308 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Theresa GRIFFIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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

Amendment 309 #

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

Amendment 310 #

Henna VIRKKUNEN

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

(2) 'very high capacity network' means an electronic communications network which either consists wholly or partly of optical fibre elements a~~t least up to the distribution point at the serving location or~~nd which is capable of delivering under usual peak-time conditions ~~similar network performance~~high-performing broadband access services in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.

Amendment 311 #

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

Amendment 312 #

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

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

Amendment 313 #

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

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

Amendment 314 #

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

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

Amendment 315 #

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

(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine- to-machine services and for broadcasting, but excludes interpersonal communication services as defined in paragraph (5) of the present Article, information society services, as defined in Article 1 of Directive 98/34/EC and services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;

Amendment 316 #

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

(4) ‘electronic communications service’ means a service ~~normally~~ provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine- to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services as well as not-for-profit-services provided by individuals;

Amendment 317 #

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

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

Amendment 318 #

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

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

Amendment 319 #

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

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

Amendment 320 #

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

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

Amendment 321 #

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

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

Amendment 322 #

Proposal for a directive
Article 2 – paragraph 1 – point 6

(6) ‘number-based interpersonal communications service’ means an interpersonal communications service which connects with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans, and where the provider of the service has substantial control over the network used for enabling the communication ;

Amendment 323 #

Proposal for a directive
Article 2 – paragraph 1 – point 6

(6) ‘'number-based interpersonal communications service’' means an interpersonal communications service ~~which connects with the public switched telephone network, either~~for receiving communications by means of an assign~~ed numbering resources, i.e. a number or numbers in national or inter~~ment of a number in the national telephone numbering plans, or ~~by enabl~~for originating communication ~~with~~s to a number or numbers in national or international telephone numbering plans;

Amendment 324 #

Proposal for a directive
Article 2 – paragraph 1 – point 7

(7) 'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans or where a number-based interpersonal communication service provider does not have substantial control over the network used for enabling the communication;

Amendment 325 #

Proposal for a directive
Article 2 – paragraph 1 – point 7

(7) 'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in ~~national or inter~~the national telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans; it does not include information society services that allow interpersonal and interactive communication as a secondary feature;

Amendment 326 #

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

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

Amendment 327 #

Proposal for a directive
Article 2 – paragraph 1 – point 15 a (new)

(15 a) 'subscriber' means any person or legal entity who or which is party to a contract with the provider of publicly available electronic communications services for the supply of such services;

Amendment 328 #

Françoise GROSSETÊTE, Anne SANDER

Proposal for a directive
Article 2 – paragraph 1 – point 20

(20) ‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;

Amendment 329 #

Proposal for a directive
Article 2 – paragraph 1 – point 20

Amendment 330 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER

Proposal for a directive
Article 2 – paragraph 1 – point 20

(20) ‘'harmful interference’' means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;

Amendment 331 #

Proposal for a directive
Article 2 – paragraph 1 – point 20

Amendment 332 #

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

(22) ‘'security’' of networks and services means the technical and structural ability of electronic communications networks and services to resist, at a given level of confidence, any action that compromises the availability, authenticity, integrity or confidentiality of stored or transmitted or processed data or the related services offered by, or accessible via, those networks or services.

Amendment 333 #

Proposal for a directive
Article 2 – paragraph 1 – point 23

(23) ‘general authorisation’ means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector-specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive, excluding not-for-profit-services provided by individuals.

Amendment 334 #

Proposal for a directive
Article 2 – paragraph 1 – point 26

(26) 'shared use of radio spectrum' means access by two or more users to use the same frequencies under a defined sharing arrangement, authorised by a national regulatory authority on the basis of a general authorisation, individual rights of use or a combination thereof, including regulatory approaches such as licenced shared access aiming to facilitate the shared use of a frequency band, subject to a binding agreement of all parties involved, in accordance with sharing rules as included in their rights of use so as to guarantee to all users predictable and reliable sharing arrangements, and without prejudice to the application of competition law;

Amendment 335 #

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

(28) ‘'access’' means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non- exclusive basis, for the purpose of providing electronic communications services, including when they are used for the delivery of information society services or broadcast content services. It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment, by fixed or non- fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to information systems or databases for pre-ordering, provisioning, ordering, maintaining and repair requests, and billing; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, ~~including software emulated networks,~~ in particular for roaming; access to conditional access systems for digital television services and access to virtual network services;

Amendment 336 #

Proposal for a directive
Article 2 – paragraph 1 – point 32

(32) 'voice communications~~’ means a~~ service' means a number-based interpersonal communications service made available to the public for originating and receiving, directly or indirectly, national or national ~~and international~~ calls through a number or numbers in a national or international telephone numbering plan;

Amendment 337 #

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

Amendment 338 #

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

Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States ~~and~~, BEREC and the Commission shall also contribute to the achievement of these objectives.

Amendment 339 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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

Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States ~~and~~, BEREC and the Commission shall also contribute to the achievement of these objectives.

Amendment 340 #

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

Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States ~~and~~, BEREC and the Commission shall also contribute to the achievement of these objectives.

Amendment 341 #

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

Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States ~~and~~, BEREC and the Commission shall also contribute to the achievement of these objectives.

Amendment 342 #

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

Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States ~~and~~, BEREC and the Commission shall also contribute to the achievement of these objectives.

Amendment 343 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

National regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the promotion of freedom of expression and information, cultural and linguistic diversity, as well as media pluralism.

Amendment 344 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

National regulatory and other competent authorities may contribute within their competencies to ensuring the implementation of policies aimed at the protection of personal data and privacy, the promotion of cultural and linguistic diversity, as well as media pluralism.

Amendment 345 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

Amendment 346 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

Amendment 347 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

Amendment 348 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

Amendment 349 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Flavio ZANONATO

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The national regulatory and other competent authorities as well as BEREC ~~shall:~~and the Commission, in discharging their respective responsibilities under this Directive, shall pursue each of the general objectives listed below. The expression of the list in the order from (a) to (d) does not constitute a ranking of the general objectives.

Amendment 350 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

Amendment 351 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

Amendment 352 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

Amendment 353 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2.(2) The national regulatory and other competent authorities as well as BEREC shall: pursue the following objectives. The order in which they are listed does not imply any order of priority.

Amendment 354 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The national regulatory, the Commission and other competent authorities as well as BEREC shall pursue each and all of the general objective listed below:

Amendment 355 #

Proposal for a directive
Article 3 – paragraph 2 – introductory part

2. The national regulatory and other competent authorities as well as BEREC ~~shall~~and the Commission shall pursue each of the general objectives listed below:

Amendment 356 #

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

Amendment 357 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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

(a) promote the availability and affordability of and access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;

Amendment 358 #

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

(a) promote availability, affordability, access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;

Amendment 359 #

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

(a) promote the availability and affordability of, access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;

Amendment 360 #

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

(a) promote the availability and affordability of and access to, and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;

Amendment 361 #

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

(a) promote access to, investment in and take-up of, very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;

Amendment 362 #

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

(b) promote competition, which is the most important precondition for investments, in the provision of electronic communications networks and associated facilities, including efficient infrastructure- based competition, and in the provision of electronic communications services and associated services; in order to ensure high-performance infrastructures across the European Union.

Amendment 363 #

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

(b) promote sustainable competition in the provision of electronic communications networks and associated facilities, including efficient infrastructure-based competition, and in the provision of electronic communications services and associated services;

Amendment 364 #

Proposal for a directive
Article 3 – paragraph 2 – point c

(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for~~, investment in and~~ the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, ~~by developing common rules and predictable regulatory approaches,~~ by favouring the effective, efficient and coordinated use of spectrum, ~~open innovation,~~ the establishment and development of trans- European networks, the availability and interoperability of pan- European services, and end-to-end connectivity;

Amendment 365 #

Proposal for a directive
Article 3 – paragraph 2 – point c

(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the provision, availability and interoperability of pan- European services, and end-to-end connectivity;

Amendment 366 #

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

(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by promoting the Union competitiveness and economic development, also through the digitalization of the industry, by ensuring a high and common level of protection for end- users through the necessary sector- specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 367 #

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

Amendment 368 #

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

(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability, investment in and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 369 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN

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

(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common minimum level of protection for end- users through the necessary sector- specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 370 #

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

(d) promote the interests of the citizens of the Union, ~~including in the long term,~~ by ensuring widespread availability and take-up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 371 #

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

(d) promote the interests of the citizens of the Union, ~~including in the long term,~~ by ensuring widespread availability and take-up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common minimum level of protection for end- users through the necessary sector- specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.

Amendment 372 #

Proposal for a directive
Article 3 – paragraph 2 – point d – point i (new)

(i) The objectives set out in paragraph 2 shall be equivalent.

Amendment 373 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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

(a) ~~promoting regulatory predictability by~~ ensuring a consistent regulatory approach over appropriate review periods and through cooperation with each other, with BEREC and with the Commission;

Amendment 374 #

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

(a) ~~promoting regulatory predictability~~ by ensuring a consistent regulatory approach over appropriate review periods and through cooperation with each other, with BEREC and with the Commission;

Amendment 375 #

Proposal for a directive
Article 3 – paragraph 3 – point a a (new)

(a a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;

Amendment 376 #

Michał BONI, Henna VIRKKUNEN, Gunnar HÖKMARK

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

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

Amendment 377 #

Proposal for a directive
Article 3 – paragraph 3 – point b a (new)

(b a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;

Amendment 378 #

Proposal for a directive
Article 3 – paragraph 3 – point b a (new)

(b a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;

Amendment 379 #

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

(c) applying EU law in a technologically neutral fashion which neither imposes nor discriminates in favour of the use of a particular type of technology, to the extent that this is consistent with the achievement of the objectives of paragraph 1;

Amendment 380 #

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

(c) applying EU law in a technologically neutral fashion~~, to the extent that this is consistent with the achievement of the objectives of paragraph 1~~;

Amendment 381 #

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

Amendment 382 #

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

Amendment 383 #

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

(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition ~~on the retail market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled~~.

Amendment 384 #

Miapetra KUMPULA-NATRI, Dan NICA, Flavio ZANONATO, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

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

(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition on the wholesale and the retail market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.

Amendment 385 #

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

(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and long term sustainable competition on the re~~tail~~levant markets concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.

Amendment 386 #

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

(f) imposing ex ante regulatory obligations ~~only~~ to the extent necessary to secure effective and sustainable competition ~~on the retail market concerned~~ and relaxing or lifting such obligations as soon as that condition is fulfilled.

Amendment 387 #

(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition ~~on the retail market concerned~~ and relaxing or lifting such obligations as soon as that condition is fulfilled.

Amendment 388 #

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

(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition on the ~~retail~~ market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.

Amendment 389 #

Proposal for a directive
Article 3 – paragraph 3 – point f a (new)

(f a) safeguarding competition to the benefit of consumers, including the imposition of ex-ante regulatory obligations to secure effective and sustainable competition on wholesale markets and promoting, where appropriate, infrastructure-based competition.

Amendment 390 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Theresa GRIFFIN, Flavio ZANONATO

Proposal for a directive
Article 3 – paragraph 3 – point f a (new)

Amendment 391 #

Proposal for a directive
Article 3 – paragraph 3 – point f a (new)

Amendment 392 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the Union. To this end, they shall take into consideration, inter alia, the economic, safety, health, public interest, public security and defence, data protection and privacy, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference.

Amendment 393 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum ~~in the Union. To this end, they shall~~, a scarce resource that belongs to the Member States. They might take into consideration, inter alia, the economic, safety, health, public interest, public security and defence, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference.

Amendment 394 #

Proposal for a directive
Article 4 – paragraph 2

2. By cooperating with each other and, where appropriate, with the Commission, Member States shall promote the coordination of radio spectrum policy approaches in the European Union and, where appropriate, harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market in electronic communications.

Amendment 395 #

Proposal for a directive
Article 4 – paragraph 3

3. Member States shall cooperate through the Radio Spectrum Policy Group, established by Commission Decision 2002/622/EC, with each other and with the Commission, and upon their request with the European Parliament and the Council, in support of the strategic planning and coordination of radio spectrum policy approaches in the Union. Where regulatory or competitive dimensions arise in the determination of spectrum policy issues, BEREC shall be associated.

Amendment 396 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6

- ensuring consumer protection and end-user rights in the electronic communications sector within the remit of their competences under the sectorial regulation, and cooperating with relevant competent authorities wherever applicable;

Amendment 397 #

Miapetra KUMPULA-NATRI, Edouard MARTIN, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD, Martina WERNER, Theresa GRIFFIN

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)

- monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity

Amendment 398 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)

- monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity

Amendment 399 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)

- monitoring closely the development of the Internet of Things;

Amendment 400 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 b (new)

- ensuring competition and consumer protection in the Internet of Things;

Amendment 401 #

Miapetra KUMPULA-NATRI, Dan NICA, Edouard MARTIN, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8

- ~~dealing~~ensuring compliance with ~~issu~~rules related to open internet access;

Amendment 402 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8

- ~~dealing~~ensuring compliance with ~~issu~~rules related to open internet access;

Amendment 403 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8

- ~~dealing~~ensuring compliance with ~~issu~~rules related to open internet access;

Amendment 404 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8

- ~~dealing~~ensuring compliance with ~~issu~~rules related to open internet access;

Amendment 405 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 11 a (new)

- monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity

Amendment 406 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 5 – paragraph 2

2. National regulatory authorities and other competent authorities of the same Member State or of different Member States shall ~~have the right to~~ enter into cooperative arrangements with each other to foster regulatory cooperation where necessary.

Amendment 407 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 408 #

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall guarantee the independence of national regulatory authorities and of other competent authorities by ensuring that they are legally distinct from and functionally independent of all organisations providing electronic communications networks, equipment or services and of the respective government . Member States that retain ownership or control of undertakings providing electronic communications networks and/or services shall ensure effective structural separation of the regulatory function from activities associated with ownership or control.

Amendment 409 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 6 – paragraph 2

2. Member States shall ensure that national regulatory authorities and other competent authorities exercise their powers impartially, transparently and in a timely manner. Member States shall ensure that they have adequate technical, financial and human resources to carry out the task s assigned to them.

Amendment 410 #

Proposal for a directive
Article 6 – paragraph 2

Amendment 411 #

Proposal for a directive
Article 7 – paragraph 1

1. The head of a national regulatory authority, or, where applicable, the members of the collegiate body fulfilling that function within a national regulatory authority or their replacements, shall be appointed for a term of office of at least four years from among persons of recognised standing and professional experience, on the basis of merit, skills, knowledge and experience and following an open and transparent selection procedure. They shall not be allowed to serve more than two terms, either consecutive or not. Member States shall ensure continuity of decision-making by providing for an appropriate rotation scheme for the members of the collegiate body or the top management, such as by appointing the first members of the collegiate body for different periods, in order for their mandates, as well as that of their successors not to elapse at the same moment.

Amendment 412 #

Proposal for a directive
Article 8 – paragraph 1

1. Without prejudice to the provisions of Article 10, national regulatory authorities shall act independently and objectively, be legally distinct and functionally independent from the government, operate in a transparent and accountable manner in accordance with Union law and national law, have sufficient powers and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law. Only appeal bodies set up in accordance with Article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities.

Amendment 413 #

Proposal for a directive
Article 8 – paragraph 1

1. Without prejudice to the provisions of Article 10, national regulatory authorities shall act independently and objectively, operate in a transparent and accountable manner in accordance with Union law and national law, have sufficient powers and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. This shall not prevent supervision in accordance with national constitutional law. Only appeal bodies set up in accordance with Article 31 shall have the power to suspend or overturn decisions by the national regulatory authorities.

Amendment 414 #

Proposal for a directive
Article 10 – paragraph 2

2. Member States shall ensure that national regulatory authorities take utmost account of opinions ~~and~~, common positions or decisions adopted by BEREC when adopting their own decisions for their national markets.

Amendment 415 #

Proposal for a directive
Article 10 – paragraph 2 a (new)

2 a. Member States shall ensure that national regulatory authorities apply Regulation 2015/2120 and BEREC Guidelines adopted pursuant to Article 5.3 of the abovementioned Regulation and coordinate within BEREC with other national regulatory authorities when implementing it.

Amendment 416 #

Proposal for a directive
Article 11 – paragraph 1

1. National regulatory authorities, other competent authorities under this Directive, and national competition authorities shall provide each other with the information necessary for the application of the provisions of this Directive. In respect of the information exchanged, Union data protection rules shall apply, and the receiving authority shall ensure the same level of confidentiality as the originating authority.

Amendment 417 #

Proposal for a directive
Article 12 – paragraph 1

1. Member States shall ensure the freedom to provide electronic communications networks and services, subject to the conditions set out in this Directive. To this end, Member States shall not prevent an undertaking from providing electronic communications networks or services, except where this is necessary for the reasons set out in Article 52 (1) of the Treaty. Any such limitation to the freedom to provide electronic communications networks and services shall be duly reasoned ~~and shall be~~, provided for by law, respect the essence of the rights and freedoms recognised by the Charter and be subject to the principle of proportionality, in accordance with Article 52 (1) of the Charter and notified to the Commission.

Amendment 418 #

Proposal for a directive
Article 12 – paragraph 4 – subparagraph 2

Member States may not impose any additional or separate notification requirements Member States shall ensure that the taking up and pursuit of the activity of a number-independent communications service provider may not be made subject to prior authorisation or any other requirement having equivalent effect.

Amendment 419 #

Michał BONI, Françoise GROSSETÊTE, Anne SANDER

Proposal for a directive
Article 12 – paragraph 4 a (new)

4 a. Where an undertaking provides electronic communication services, other than number-independent interpersonal communication services, in more than one Member state, the general authorisation shall be granted by the national regulatory authority of the Member state indicated in the single notification as the provider's main establishment in the EU. This national regulatory authority shall attach to the General authorisation the specific conditions necessary in order to ensure compliance in particular with all the relevant Union and national rules related to the provision of electronic communication services applicable in the Member States where the services are provided. In case of a demonstrated breach of the relevant rules or upon request from another national regulatory authority than the one that granted the authorisation, the national regulatory authority that granted the authorisation , shall enforce the conditions attached under subparagraph 1 in accordance with Article 30, including in serious cases by withdrawing the General authorisation granted to the undertaking concerned. BEREC shall timely assess the validity of the General authorisation granted and facilitate and coordinate the exchange of information between the national regulatory authorities of the different Member States involved and ensure the appropriate coordination of work among them, and shall take decision in case of unresolved disputes.

Amendment 420 #

Proposal for a directive
Article 18 – paragraph 1

1. Member States shall ensure that the rights, conditions and procedures concerning general authorisations and rights of use for radio spectrum or for numbers or rights to install facilities may only be amended in objectively justified cases and in a proportionate manner, taking into consideration, where appropriate, the specific conditions applicable to transferable rights of use for radio spectrum and for numbers. In the case of right of use for spectrum, the right holder shall have the right to object to any proposed amendment based on its existing and future spectrum usage plan and the need to safeguard investment.

Amendment 421 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2 a (new)

Where an undertaking provides electronic communication services, other than number-independent interpersonal communication services, in more than one Member state, any amendment to the general authorisation by the Member state that has granted the general authorisation shall be notified to BEREC and the Member states concerned.

Amendment 422 #

Proposal for a directive
Article 19 – paragraph 1

1. Without prejudice to Article 49 paragraphs 2 and 2a, Member States shall not restrict or withdraw rights to install facilities or rights of use for radio spectrum or numbers before expiry of the period for which they were granted except where justified pursuant to paragraph 2 and where applicable in conformity with the Annex I and relevant national provisions regarding compensation for withdrawal of rights.

Amendment 423 #

Pilar del CASTILLO VERA

Proposal for a directive
Article 19 – paragraph 2

2. In line with the need to ensure the effective and efficient use of radio spectrum or the implementation of harmonised conditions adopted under Decision No 676/2002/EC, Member States may allow withdrawal of rights, including those with a 25 year minimum duration, based on procedures laid down in advance, in compliance with the principles of proportionality and non-discrimination. Such procedures shall specify any applicable parameters, including the period for putting the rights into use, the non-fulfillment of which would entitle the Member State to consider withdrawal of the right of use or the imposition of other measures, such as shared use.

Amendment 424 #

Gunnar HÖKMARK, Michał BONI, Bendt BENDTSEN

Proposal for a directive
Article 19 – paragraph 2

2. I~~n line with the need~~f necessary in order to ensure ~~the~~ effective ~~and efficient~~ use of radio spectrum and competition, or the implementation of harmonised conditions adopted under Decision No 676/2002/EC, Member States may allow withdrawal of rights, including those with a 2530 year minimum duration, ~~based on procedures laid down in advance, in compliance with the principles of proportionality and non-discrimination~~after consultations with the right holder and based on fully transparent conditions and procedures laid down prior to the granting of such rights, in compliance with the principles of proportionality and non-discrimination. Member States shall ensure that licence holders, following any withdrawal, are adequately and proportionally compensated with regards to investments made.

Amendment 425 #

Miapetra KUMPULA-NATRI, Dan NICA, Zigmantas BALČYTIS, Victor NEGRESCU, Carlos ZORRINHO, Jeppe KOFOD

Proposal for a directive
Article 19 – paragraph 2

Amendment 426 #

Proposal for a directive
Article 19 – paragraph 2

Amendment 427 #

Proposal for a directive
Article 19 – paragraph 2

Amendment 428 #

Proposal for a directive
Article 19 – paragraph 4

4. Any intention to restrict or withdraw authorisations or individual rights of use for radio spectrum or numbers without the consent of the right holder shall be subject to a public consultation in accordance with Article 23.

Amendment 429 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1

Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete information. In the context of this survey, the national regulatory authorities, the other competent authorities and BEREC shall respect the principle of proportionality. It is important to ensure in particular that undertakings which offer electronic communications networks and services, associated facilities or associated services do not suffer competitive disadvantages as a result of the gathering of the information.

Amendment 430 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1

Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC tonational regulatory authorities, other competent authorities and BEREC have legal powers to request information, including financial information, from all relevant parties necessary to fulfilling their tasks and ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning ~~future~~ network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. ~~In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete information.~~

Amendment 431 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1

Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. ~~In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete information.~~

Amendment 432 #