EUROPEAN PARLIAMT 2004 2009 Committee on Industry, Research and Energy 2007/0247(COD) 30.5.2008 AMDMTS 203-317 Draft report Catherine Trautmann (PE398.542v02-00) amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services (COM(2007)0697 C6-0427/2007 2007/0247(COD)) AM\725136.doc PE407.630v01-00
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203 Patrizia Toia Article 1 point 1 Article 1 paragraph 1 1. This Directive establishes a harmonised framework for the regulation of electronic communications services, electronic communications networks, associated facilities and associated services, and certain aspects of terminal equipment. It lays down tasks of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory framework throughout the Community. 1. This Directive establishes a harmonised framework for the regulation of electronic communications services, electronic communications networks, associated facilities and associated services, and certain aspects of terminal equipment to facilitate access for disabled users and encourage the use of electronic telecommunications by less favoured users. It lays down tasks of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory framework throughout the Community. Or. it The amendment seeks to clarify the various aspects of terminal equipment which can ensure the accessibility of all telecommunication services. 204 Silvia-Adriana łicău Article 1 point 1 Article 1 paragraph 1 AM\725136.doc 3/102 PE407.630v01-00
1. This Directive establishes a harmonised framework for the regulation of electronic communications services, electronic communications networks, associated facilities and associated services, and certain aspects of terminal equipment. It lays down tasks of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory framework throughout the Community. 1. This Directive establishes a harmonised framework for the regulation of electronic communications services, electronic communications networks, associated facilities and associated services, and certain aspects of terminal equipment including the accessibility of terminal equipment for persons with disabilities. It lays down tasks of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory framework throughout the Community. Or. ro It is essential that terminal equipment be accessible, so as to enable persons with disabilities to benefit from the services offered by the information society. 205 Fiona Hall Article 1 point 1 Article 1 paragraph 1 1. This Directive establishes a harmonised framework for the regulation of electronic communications services, electronic communications networks, associated facilities and associated services, and certain aspects of terminal equipment. It lays down tasks of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory framework throughout the Community. 1. This Directive establishes a harmonised framework for the regulation of electronic communications services, electronic communications networks, associated facilities and associated services, and certain aspects of terminal equipment, including for disabled end-users. It lays down tasks of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory framework throughout the Community. PE407.630v01-00 4/102 AM\725136.doc
206 Patrizia Toia Article 1 point 1 a (new) Article 1 paragraph 1a (new) (1a) In Article 1, the following paragraph is added: (1a) The harmonised regulatory framework must promote consumer protection in the electronic communications sector, guaranteeing accurate and comprehensive information in every form and through every means, together with tariff transparency and service quality. It must also recognise the role of consumer associations in consulting the public and ensure that the authorities or individuals responsible are endowed with the necessary resources to prevent potential manipulation and act with the necessary effectiveness against any fraud arising in the field of electronic communications services. Or. it The amendment seeks to underline the need to protect consumers. AM\725136.doc 5/102 PE407.630v01-00
207 Francisca Pleguezuelos Aguilar Article 1 point -2 (new) Article 2 point a (-2) Article 2, point (a) is replaced by the following: "(a) "electronic communications network" means transmission systems and, where applicable, switching or routing equipment and other resources or non-active network elements which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit- and packetswitched, 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;" Or. xm Clarification of the definition, as it affects electronic communications networks more than public communications networks.. 208 Francisca Pleguezuelos Aguilar Article 1 point 2 point a Article 2 point b PE407.630v01-00 6/102 AM\725136.doc
b) transnational markets means markets covering the Community or a substantial part thereof located in more than one Member State; b) transnational markets means markets identified in accordance with Article 15(4) covering the Community or a substantial part thereof; Or. es The reference to Article 15(4) should be maintained, as it establishes how transnational markets are identified. 209 Francisca Pleguezuelos Aguilar Article 1 point 2 point b Article 2 point d d) public communications network means an electronic communications network used wholly or mainly for the provision of electronic communications services available to the public which support the transfer of information between network termination points, including network elements which are not active; d) public communications network means an electronic communications network used wholly or mainly for the provision of electronic communications services available to the public which support the transfer of information between network termination points; Or. es Consistency, as they have been included in the definition of electronic communications network (Article 2 (a)). AM\725136.doc 7/102 PE407.630v01-00
210 Nikolaos Vakalis Article 1 point 2 point c Article 2 point e (e) associated facilities means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings; (e) associated facilities means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, including those of other public and private infrastructures such as water, sewage, gas and electricity ducts, masts, street cabinets, and buildings; In order to foster infrastructure, roll-out access to ducts should not be artificially confined to ducts of telecommunications operators but should encompass all ducts available. The more ducts are available the better the chances for sustainable competition due to third party network roll-out. New generation services will not run along the current copper wires; a whole new infrastructure will be deployed, for which the bottleneck is the physical ducts through which connections will be deployed. 211 Francisca Pleguezuelos Aguilar Article 1 point 2 point c Article 2 point e PE407.630v01-00 8/102 AM\725136.doc
e) associated facilities means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings; e) associated facilities means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, identity, location and presence capabilities, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings; Or. es The aim is to widen the scope of the definition to include further examples of associated facilities. The wording should also be in line with point (i) of Article 12 of the 2007 draft directive on access to electronic communications networks and associated facilities. 212 Stefano Zappalà Article 1 point 2 point c Article 2 point e (e) associated facilities means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, (e) associated facilities means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, AM\725136.doc 9/102 PE407.630v01-00
conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings; billing and collection services and subscriber databases for the provision of directory enquiry services, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings; Billing and collection services and access to subscriber databases are essential facilities which a telecommunications operator controlling access to end-users must provide to directory enquiry providers in order to permit the provision of competitive directory enquiry services in accordance with the Competition Directive (Article 5). Access to subscriber databases is specifically addressed in Article 25.2 of the Universal Service Directive. 213 Gabriele Albertini Article 1 point 2 point c Article 2 point e (e) associated facilities means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings; (e) associated facilities means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, billing and collection services and subscriber databases for the provision of directory enquiry services, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings; PE407.630v01-00 10/102 AM\725136.doc
Billing and collection services and access to subscriber databases are essential facilities which a telecommunications operator controlling access to end-users must provide to directory enquiry providers in order to permit the provision of competitive directory enquiry services in accordance with the Competition Directive (Article 5). Access to subscriber databases is specifically addressed in Article 25.2 of the Universal Service Directive. 214 Dominique Vlasto, Erna Hennicot-Schoepges Article 1 point 2 point c Article 2 point e (e) associated facilities means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings; (e) associated facilities means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, billing and collection services and subscriber databases for the provision of directory enquiry services, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings; Billing and collection services and access to subscriber databases are essential facilities which a telecommunications operator controlling access to end-users must provide to directory enquiry providers in order to permit the provision of competitive directory enquiry services in accordance with the Competition Directive (Article 5). Access to subscriber databases is specifically addressed in Article 25.2 of the Universal Service Directive. AM\725136.doc 11/102 PE407.630v01-00
215 Karsten Friedrich Hoppenstedt Article 1 point 2 point e Article 2 point s (s) harmful interference means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable Community or national regulations. (s) harmful interference means interference which endangers the functioning of a radionavigation service or of other safety services, which technically obstructs the joint use of frequencies or which may otherwise seriously degrade, obstruct or repeatedly interrupt a radio communications service operating in accordance with the applicable international, Community or national regulations. Member States should be able to provide restrictions not only where such interference has been observed but also where it is likely that harmful interference occurs. In view of the seriousness of interference problems between one-way and two-way (receive and transmit) services, it is essential to provide protection against harmful interference, in line with internationally-agreed frequency plans, and particularly the ITU Geneva Plan (GE-O6). National legal systems must have the room to secure the common usage of spectrum. 216 Reino Paasilinna Article 1 point 2 point e Article 2 point s (s) harmful interference means interference which endangers the functioning of a radionavigation service or (s) harmful interference means interference which endangers the functioning of a radionavigation service or PE407.630v01-00 12/102 AM\725136.doc
of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable Community or national regulations. of other safety services or which otherwise may seriously degrade, obstruct or repeatedly interrupt a radiocommunications service operating in accordance with the applicable Community or national regulations. Member States should be able to provide restrictions not only where such interference has been observed but also where it is likely that harmful interference occurs. The definition should be amended accordingly. 217 Hannes Swoboda Article 1 point 2 point e Article 2 point s (s) "harmful interference" means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable Community or national regulations. (s) harmful interference means interference which endangers the functioning of an electronic communications service, such as the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts an electronic communications service operating in accordance with the applicable Community or national regulations. Mobile network operators are required to provide a high quality of services under the universal service directive. Harmful interferences threaten mobile network operator services just like any other electronic communications service. Hence, a correct definition of harmful interference needs to cover all services, not just individual services which are deemed AM\725136.doc 13/102 PE407.630v01-00
particularly important. 218 Angelika Niebler Article 1 point 2 point e Article 2 point s s) harmful interference means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable Community or national regulations. s) harmful interference means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable Community regulations, international spectrum use plans or national regulations. Or. de Clarification: international spectrum use plans should also be taken into account as appropriate. 219 Francisca Pleguezuelos Aguilar Article 1 point 2 point e Article 2 point s s) harmful interference means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly s) harmful interference means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly PE407.630v01-00 14/102 AM\725136.doc
interrupts a radiocommunications service operating in accordance with the applicable Community or national regulations. interrupts a radiocommunications service operating in accordance with the applicable international and Community or national regulations. Or. es This definition should take account of international as well as national and Community regulations. 220 Gunnar Hökmark Article 1 point 2 point e Article 2 point s (s) harmful interference means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable Community or national regulations. (s) harmful interference means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, Community or national regulations. 221 Erna Hennicot-Schoepges Article 1 point 2 point e Article 2 point s (s) harmful interference means (s) harmful interference means AM\725136.doc 15/102 PE407.630v01-00
interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable Community or national regulations. interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, Community or national regulations. Member States should be able to provide for restrictions where necessary to avoid interference which has been observed and in relation to circumstances where harmful interference is likely to occur. It is essential that the ITU rules and regulations are taken into account. Some services, such as satellite services, may be licensed by non-eu ITU national administrations, even though the services they provide are used within the EU. 222 Rebecca Harms Article 1 point 2 point e a (new) Article 2 point sa (new) (ea) In Article 2, the following point is added: "(sa) publicly available means available to the general public upon acceptance of commercial terms." The amendment seeks to clarify a term that is used widely throughout the Directives, but is inconsistently interpreted in national law leading to considerable variations in rights, obligations and administrative burdens applicable to telecoms providers in different PE407.630v01-00 16/102 AM\725136.doc
countries. 223 Gabriele Albertini, Aldo Patriciello, Pia Elda Locatelli Article 1 point 2 point e a (new) Article 2 point sa (new) (ea) In Article 2, the following point is added: "(sa) publicly available means available to the general public upon acceptance of commercial terms." The amendment seeks to clarify a term that is used widely throughout the Directives, but is inconsistently interpreted in national law leading to considerable variations in rights, obligations and administrative burdens applicable to telecoms providers in different countries. 224 Francisca Pleguezuelos Aguilar Article 1 point 3 Article 3 paragraph 3 subparagraph 1 3. Member States shall ensure that national regulatory authorities exercise their powers independently, impartially and transparently. National regulatory authorities shall not seek or take instructions from any other body in relation to the day-to-day performance of the tasks 3. Member States shall ensure that national regulatory authorities exercise their powers independently, impartially and transparently. National regulatory authorities responsible for ex-ante market regulation shall not seek or take instructions from any other body in relation AM\725136.doc 17/102 PE407.630v01-00
assigned to them under national law implementing Community law. Only appeal bodies set up in accordance with Article 4 or national courts shall have the power to suspend or overturn decisions by the national regulatory authorities. to the day-to-day performance of the tasks assigned to them under national law implementing Community law. Only appeal bodies set up in accordance with Article 4 or national courts shall have the power to suspend or overturn decisions by the national regulatory authorities. Or. es De acuerdo con la definición de Autoridades Nacionales de Reglamentación (ANR) prevista en esta Directiva, las ANR pueden ser no sólo las que tienen competencias en materia de regulacion ex-ante del mercado de comunicaciones electrónicas sino tambien todas aquéllas a las que se les haya encomendado competencias en materia de consumidores, protección de datos, espectro y numeración, etc., que pueden corresponder a otras autoridades o a la Administración Central de Estado. Por ello, las nuevas exigencias contempladas en el apartado 3, deben circuncribirse exclusivamente a las ANR que tengan competencias en materia de regulación ex-ante de los mercados de comunicaciones electrónicas. 225 Karsten Friedrich Hoppenstedt Article 1 point 3 Article 3 paragraph 3 subparagraph 1 3. Member States shall ensure that national regulatory authorities exercise their powers independently, impartially and transparently. National regulatory authorities shall not seek or take instructions from any other body in relation to the day-to-day performance of the tasks assigned to them under national law implementing Community law. Only appeal bodies set up in accordance with Article 4 or national courts shall have the power to suspend or overturn decisions by the national regulatory authorities. 3. Member States shall ensure that national regulatory authorities exercise their powers independently, impartially and transparently and in a timely manner. National regulatory authorities shall not seek or take instructions from any other body in relation to the day-to-day performance of the tasks assigned to them under national law implementing Community law. Only appeal bodies set up in accordance with Article 4 or national courts shall have the power to suspend or overturn decisions by the national regulatory authorities. PE407.630v01-00 18/102 AM\725136.doc
Failure of NRAs to act in a timely manner, for example in relation to market reviews, can hold back competition and innovation in the market. 226 Silvia-Adriana łicău Article 1 point 3 Article 3 paragraph 3 subparagraph 2 Member States shall ensure that the head of a national regulatory authority or his/her replacement may be dismissed only if he no longer fulfils the conditions required for the performance of his duties laid down in advance in national law, or if he has been guilty of serious misconduct. The decision to dismiss the head of the national regulatory authority shall contain a statement of reasons and be made public at the time of dismissal. Members of national regulatory authority governing boards shall serve for a fiveyear renewable period. Member States shall ensure that members of a national regulatory authority governing board may be dismissed only if they no longer fulfil the conditions required for the performance of their duties laid down in advance in national law, or if they have been guilty of serious misconduct. The decision to dismiss a member of a national regulatory authority governing board shall contain a statement of reasons and be made public at the time of dismissal. Or. ro These provisions are necessary to ensure the stability and independence of the regulatory authority. AM\725136.doc 19/102 PE407.630v01-00
227 Francisca Pleguezuelos Aguilar Article 1 point 3 Article 3 paragraph 3 subparagraph 2 Member States shall ensure that the head of a national regulatory authority or his/her replacement may be dismissed only if he no longer fulfils the conditions required for the performance of his duties laid down in advance in national law, or if he has been guilty of serious misconduct. The decision to dismiss the head of the national regulatory authority shall contain a statement of reasons and be made public at the time of dismissal. Member States shall ensure that the head of a national regulatory authority as mentioned above or his/her replacement may be dismissed only if he no longer fulfils the conditions required for the performance of his duties laid down in advance in national law, or if he has been guilty of serious misconduct. The decision to dismiss the head of the national regulatory authority shall contain a statement of reasons and be made public at the time of dismissal. Or. es De acuerdo con la definición de Autoridades Nacionales de Reglamentación (ANR) prevista en esta Directiva, las ANR pueden ser no sólo las que tienen competencias en materia de regulacion ex-ante del mercado de comunicaciones electrónicas sino tambien todas aquéllas a las que se les haya encomendado competencias en materia de consumidores, protección de datos, espectro y numeración,etc., que pueden corresponder a otras autoridades o a la Administración Central de Estado. Por ello, las nuevas exigencias contempladas en el apartado 3, deben circuncribirse exclusivamente a las ANR que tengan competencias en materia de regulación ex-ante de los mercados de comunicaciones electrónicas. 228 Paul Rübig Article 1 point 3 a (new) Article 3 paragraph 3 subparagraph 3a (new) PE407.630v01-00 20/102 AM\725136.doc
(3a) The following subparagraph is added in Article 3(3): 3a. The national regulatory authorities shall for their part demand only such information and documentation from providers of communications services and/or networks as is necessary for the performance of the duties conferred on them by the Member States. Or. de The creation of independent and impartial National Regulatory Authorities (NRAs), all of whose activities are carried out in line with the principle of transparency, is to be wholeheartedly welcomed, as is the extension of the right of appeal. Obligations to provide documentation and information in this connection should be kept within reasonable bounds, if only to prevent the provision and preparation of such material becoming a new task for NRAs, consuming extensive resources. 229 Erika Mann Article 1 point 3 a (new) Article 3 paragraph 3a (new) (3a) In Article 3, the following paragraph is added: "3a. Member States shall ensure that the goals of BERT in promoting greater regulatory coordination and coherence are actively supported by the responsible national regulatory authorities. Member States shall ensure that national regulatory authorities have adequate financial and human resources to carry out the tasks assigned to them AM\725136.doc 21/102 PE407.630v01-00
and to enable them to actively participate in and contribute to BERT. National regulatory authorities must have separate annual budgets and budgets shall be made public." The addition of paragraph 3a ensures that the Member States ensure the establishment of the Body of Regulators in Telecom (BERT) comprised of all NRAs. BERT would be set up as an association of national regulatory authorities that would not have an independent legal personality, i. e., in particular this body would not be part of the direct or indirect Community administration. This avoids all conflicts with the MERONI case law. 230 Erika Mann Article 1 point 3 b (new) Article 3 paragraph 3b (new) (3b) In Article 3, the following paragraph is added: "3b.) Member States shall ensure that NRAs take utmost account of common positions issued by BERT when adopting their own decisions for their home markets." 231 Karsten Friedrich Hoppenstedt Article 1 point 3 c (new) Article 3a (new) PE407.630v01-00 22/102 AM\725136.doc
(3c) The following Article is added: "Article 3a Member States shall jointly establish a network of national regulatory authorities in accordance with the modalities set out in Regulation No [.../.../EC] 1. 1 Regulation establishing the Network of National Regulatory Authorities for the European electronic communications market." The European Electronic Communications Market Authority should be substituted by the Network of National Regulatory Authorities. The European Electronic Communications Market Authority creates a large bureaucracy, counters the principle of subsidiarity, contradicts the long-term goal to replace ex-ante regulation by competition law and in addition shows a lack of independence. 232 Karsten Friedrich Hoppenstedt Article 1 point 4 point a Article 4 paragraph 1 subparagraph 1 1. Member States shall ensure that effective mechanisms exist at national level under which any user or undertaking providing electronic communications networks and/or services who is affected by a decision of a national regulatory authority has the right of appeal against the decision to an appeal body that is independent of the parties involved. This body, which may be a court, shall have 1. Member States shall ensure that effective mechanisms exist at national level under which any user or undertaking providing electronic communications networks and/or services who is affected by a decision of a national regulatory authority has the right of appeal against the decision to an appeal body that is independent of the parties involved. This body, which may be a court, shall have the AM\725136.doc 23/102 PE407.630v01-00
the appropriate expertise available to it to enable it to carry out its functions. Member States shall ensure that the merits of the case are duly taken into account and that there is an effective appeal mechanism. appropriate expertise available to it to enable it to carry out its functions. Member States shall ensure that the merits of the case are duly taken into account and that there is an effective appeal mechanism. Member States shall limit the time allowed for consideration of such appeals. Currently appeal processes can be held up for as much as several years, by which time it is too late to address the original problem. 233 Francisca Pleguezuelos Aguilar Article 1 point 4 point a Article 4 paragraph 1 subparagraph 2 Pending the outcome of any the appeal, the decision of the national regulatory authority shall stand, unless interim measures are granted. Interim measures may be granted if there is an urgent need to suspend the effect of the decision in order to prevent serious and irreparable damage to the party applying for those measures and the balance of interests so requires. Pending the outcome of any appeal, the decision of the national regulatory authority shall stand, unless interim measures are granted. Interim measures may be granted, in accordance with the relevant national legislation, if there is an urgent need to suspend the effect of the decision in order to prevent serious and irreparable damage to the party applying for those measures and the balance of interests so requires. Or. es The various procedural rights in the Member States should be taken into account. PE407.630v01-00 24/102 AM\725136.doc
234 Karsten Friedrich Hoppenstedt Article 1 point 4 point a Article 4 paragraph 1 subparagraph 2 Pending the outcome of any the appeal, the decision of the national regulatory authority shall stand, unless interim measures are granted. Interim measures may be granted if there is an urgent need to suspend the effect of the decision in order to prevent serious and irreparable damage to the party applying for those measures and the balance of interests so requires. Pending the outcome of any the appeal, the decision of the national regulatory authority shall stand, unless interim measures are granted. Interim measures may be granted only if there is an urgent need to suspend the effect of the decision in order to prevent serious and irreparable damage to the party applying for those measures and the balance of interests so requires. It's necessary to clarify, that interim measures may not be granted for other reasons. 235 Catherine Trautmann Article 1 point 4 point a a (new) Article 4 paragraph 2a (new) (aa) the following paragraph is added: "2a. Appeal bodies shall be entitled to request the opinion of BERT before taking a decision in the course of an appeal proceeding." AM\725136.doc 25/102 PE407.630v01-00
Appeal bodies should also be entitled to consult BERT should the case have an internal market impact. This mechanism would facilitate a progressive harmonisation in the application of the framework and improve the consistency of the electronic communications market. 236 Francisca Pleguezuelos Aguilar Article 1 point 4 point b Article 4 paragraph 3 3. Member States shall collect information on the subject of appeals, the number of requests for appeal, the duration of the appeal proceedings, the number of decisions to grant interim measures taken in accordance with paragraph 1 and the reasons for such decisions. Member States shall make available such information to the Commission and the European Communications Market Authority (hereinafter referred to as 'the Authority') on an annual basis. 3. Member States shall collect information on the number of requests for appeal, the duration of the appeal proceedings, and the number of decisions to grant interim measures. Member States shall, in response to a reasoned request, make available such information to the Commission on an annual basis. Or. es To avoid increased bureaucracy and unnecessary costs. 237 Paul Rübig Article 1 point 4 point b Article 4 paragraph 3 PE407.630v01-00 26/102 AM\725136.doc
3. Member States shall collect information on the subject of appeals, the number of requests for appeal, the duration of the appeal proceedings, the number of decisions to grant interim measures taken in accordance with paragraph 1 and the reasons for such decisions. Member States shall make available such information to the Commission and the European Communications Market Authority (hereinafter referred to as 'the Authority') on an annual basis. 3. Member States shall collect information on the subject of appeals, the number of requests for appeal, the duration of the appeal proceedings, the number of decisions to grant interim measures taken in accordance with paragraph 1 and the reasons for such decisions. Member States shall make available such information to BERT on an annual basis. Or. de The creation of independent and impartial National Regulatory Authorities (NRAs), all of whose activities are carried out in line with the principle of transparency, is to be wholeheartedly welcomed, as is the extension of the right of appeal. Obligations to provide documentation and information in this connection should be kept within reasonable bounds, if only to prevent the provision and preparation of such material becoming a new task for NRAs, consuming extensive resources. 238 Karsten Friedrich Hoppenstedt Article 1 point 4 point b Article 4 paragraph 3 3. Member States shall collect information on the subject of appeals, the number of requests for appeal, the duration of the appeal proceedings, the number of decisions to grant interim measures taken in accordance with paragraph 1 and the reasons for such decisions. Member States shall make available such information to the Commission and the European 3. Member States shall collect information on the subject of appeals, the number of requests for appeal, the duration of the appeal proceedings, the number of decisions to grant interim measures taken in accordance with paragraph 1 and the reasons for such decisions. Member States shall make available such information to the Commission and the network of AM\725136.doc 27/102 PE407.630v01-00
Communications Market Authority (hereinafter referred to as 'the Authority') on an annual basis. national regulatory authorities on an annual basis. The European Electronic Communications Market Authority should be substituted by the Network of National Regulatory Authorities. The European Electronic Communications Market Authority creates a large bureaucracy, counters the principle of subsidiarity, contradicts the long-term goal to replace ex-ante regulation by competition law and in addition shows a lack of independence. 239 Lambert van Nistelrooij Article 1 point 5 Article 5 paragraph 1 1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. Those undertakings shall also be required to submit information concerning future network or service developments that could have an impact on the wholesale services made available to competitors. These undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The 1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. These undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority shall give the reasons justifying its request for information and respect Community and national law on business confidentiality. PE407.630v01-00 28/102 AM\725136.doc
national regulatory authority shall give the reasons justifying its request for information. Reporting of information concerning future network or service developments increases uncertainty and development risks. Therefore, it is necessary to ensure that NRAs requirements of information are in accordance with Community and national law on business confidentiality. 240 Reino Paasilinna Article 1 point 5 Article 5 paragraph 1 1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. Those undertakings shall also be required to submit information concerning future network or service developments that could have an impact on the wholesale services made available to competitors. These undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority shall give the reasons justifying its request for 1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. These undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority shall give the reasons justifying its request for information. AM\725136.doc 29/102 PE407.630v01-00
information. The proposed addition concerning information on future network and service development would be problematic because that kind of information would contain most likely inside information. The threshold of such requirement should be very high. In this case it is not clear what would be the purpose and the added value of requiring the operators to submit such information to authorities. 241 Paul Rübig Article 1 point 5 Article 5 paragraph 1 1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. Those undertakings shall also be required to submit information concerning future network or service developments that could have an impact on the wholesale services made available to competitors. These undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority shall give the reasons justifying its request for information. 1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. Those undertakings may also be required to submit information concerning future network or service developments, where these have already reached a preimplementation stage and it seems likely that they could have an impact on the wholesale services made available to competitors. These undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority PE407.630v01-00 30/102 AM\725136.doc
shall give the reasons justifying its request for information. Or. de The requirement to supply information on future developments seems to attribute prophetic powers to the undertakings concerned; it also lacks precision, begging the question how concrete a development needs to have become before it is required to be notified. In the interest of the proportionality of the NRAs powers to require such information, and the legal certainty of the undertakings, a restrictive clarification is called for here. 242 Dragoş Florin David Article 1 point 6 Article 6 subparagraph 1 Except in cases falling within Articles 7(10), 20, or 21, and unless otherwise provided in the implementing measures adopted pursuant to Article 9c, Member States shall ensure that, where national regulatory authorities intend to take measures in accordance with this Directive or the Specific Directives which have a significant impact on the relevant market, or where they intend to provide for restrictions in accordance with Article 9(3) and 9(4), they give interested parties the opportunity to comment on the draft measure within a reasonable period. Except in cases falling within Articles 7(10), 20, or 21, and unless otherwise provided in the implementing measures adopted pursuant to Article 9c, Member States shall ensure that, where national regulatory authorities intend to take measures in accordance with this Directive or the Specific Directives which have a significant impact on the relevant market, or where they intend to provide for restrictions in accordance with Article 9(3) and 9(4), they give interested parties the opportunity to comment on the draft measure within a reasonable period that shall be not less than 4 weeks. AM\725136.doc 31/102 PE407.630v01-00
243 Francisca Pleguezuelos Aguilar Article 1 point 6 Article 6 subparagraph 1 Except in cases falling within Articles 7(10), 20, or 21, and unless otherwise provided in the implementing measures adopted pursuant to Article 9c, Member States shall ensure that, where national regulatory authorities intend to take measures in accordance with this Directive or the Specific Directives which have a significant impact on the relevant market, or where they intend to provide for restrictions in accordance with Article 9(3) and 9(4), they give interested parties the opportunity to comment on the draft measure within a reasonable period. Except in cases falling within Articles 7(10), 20, or 21, and unless otherwise provided in the implementing measures adopted pursuant to Article 9c, Member States shall ensure that, where national regulatory authorities intend to take measures in accordance with this Directive or the Specific Directives which have a significant impact on the relevant market, or where they intend to provide for restrictions in accordance with Article 9(3) and 9(4), and when they have a significant impact on the relevant market, they give interested parties the opportunity to comment on the draft measure within a reasonable period of not less than six weeks. Or. es 244 Lambert van Nistelrooij Article 1 point 6 Article 6 subparagraph 1 Except in cases falling within Articles 7(10), 20, or 21, and unless otherwise provided in the implementing measures adopted pursuant to Article 9c, Member States shall ensure that, where national regulatory authorities intend to take Except in cases falling within Articles 7(10), 20, or 21, and unless otherwise provided in the implementing measures adopted pursuant to Article 9c, Member States shall ensure that, where national regulatory authorities intend to take PE407.630v01-00 32/102 AM\725136.doc
measures in accordance with this Directive or the Specific Directives which have a significant impact on the relevant market, or where they intend to provide for restrictions in accordance with Article 9(3) and 9(4), they give interested parties the opportunity to comment on the draft measure within a reasonable period. measures in accordance with this Directive or the Specific Directives which have a significant impact on the relevant market, or where they intend to provide for restrictions in accordance with Article 9(3) and 9(4), they give interested parties the opportunity to comment on the draft measure within a reasonable period that shall not be less than 8 weeks. In the Action Plan for Better Regulation (COM(2002) 704 final Towards a reinforced culture of consultation and dialogue - General principles and minimum standards for consultation of interested parties by the Commission, p.21) the Commission stated the 8 weeks time limit. 245 Silvia-Adriana łicău Article 1 point 6 Article 7 paragraph 1a (new) 1a. Member States shall guarantee the accessibility of electronic communications services for persons with disabilities also. The Commission shall present an annual report to the European Parliament concerning the degree of accessibility of electronic communications services and specific information society services for persons with disabilities. Or. ro The accessibility of information society services for persons with disabilities is essential for their integration within society. AM\725136.doc 33/102 PE407.630v01-00