Activities of Catherine TRAUTMANN related to 2013/0309(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC, 2002/22/EC, and Regulations (EC) No 1211/2009 and (EU) No 531/2012 PDF (1 MB) DOC (2 MB)
Amendments (58)
Amendment 192 #
Proposal for a regulation
Recital 18
Recital 18
(18) The application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll-out of Union-wide services and the completion of the internal market for wireless broadband communications. It could in particular create unequal conditions for access to such services, hamper competition between undertakings established in different Member States and stifle investments in more advanced networks and technologies and the emergence of innovative services, thereby depriving citizens and businesses of ubiquitous integrated high-quality services and wireless broadband operators of increased efficiency gains from large-scale more integrated operations. Therefore, action at Union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the Union. At the same time, Member States should retain the right to adopt measures to organise their radio spectrum for public order, public security purposes and defence, or to pursue general interest objectives such as cultural diversity and media pluralism.
Amendment 224 #
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35 a) There is a need to harmonise the conditions for high-quality wholesale products used for the supply of business services to enable the provision of seamless services to cross-border and multi-national corporations across the European Union. Such harmonisation could play a significant role in terms of EU business competitiveness with regards to communications costs.
Amendment 243 #
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. The existing regulatory framework aims at promoting the ability of end-users to access and distribute information or run applications and services of their choice. This ability is best ensured when all types of traffic are treated equally by providers of electronic communications to the public. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures.
Amendment 254 #
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services and the general characteristics of the service, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstancesMinimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances and if, upon request from the competent national authorities, the provider can demonstrate that equal treatment of traffic would be substantially less efficient. When a provider of electronic communications takes such measures, it should also inform the content, applications and services providers which are affected.
Amendment 269 #
Proposal for a regulation
Recital 49
Recital 49
(49) There is also end-user demand for services and applications requiring an enhanced level of assured service qualityoptimisations in order to ensure adequate service characteristics offered by providers of electronic communications to the public or by content, applications or service providers. Such services may comprise inter alia broadcasting via Internet Protocol (IP-TV), video- conferencing and certain health applications. End-users should therefore also be free to conclude agreements on the provision of specialised services with an enhancoptimised quality of service with either providers of electronic communications to the public or providers of content, applications or services. Where such agreements are implemented alongside Internet access services, the responsible providers should ensure that the optimised quality service does not impair the general quality of internet access.
Amendment 281 #
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public ismay be necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services.
Amendment 334 #
Proposal for a regulation
Article 2 – paragraph 2 – point 8
Article 2 – paragraph 2 – point 8
(8) ‘"harmonised radio spectrum for wireless broadband communications’" means radio spectrum for which the conditions of availability and, efficientcy and primary use are harmonised at Union level, in particular pursuant toaccordance with Directive 2002/21/EC, and with Decision 676/2002/EC of the European Parliament and the Council,27 and which serves for electronic communications services other than broadcasting; __________________ 27 Decision 676/2002/EC of the European Parliament and 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, p. 1).
Amendment 342 #
Proposal for a regulation
Article 2 – paragraph 2 – point 12
Article 2 – paragraph 2 – point 12
Amendment 351 #
Proposal for a regulation
Article 2 – paragraph 2 – point 14
Article 2 – paragraph 2 – point 14
(14) ‘internet access service’ means a publicly available electronic communications service that provides connectivity to the internet, and therebywith connectivity between virtually all end points connected tof the internet, irrespective of the network technologyies used;
Amendment 360 #
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that provides the capability to access or use specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-end or provides the capability to in order to ensure adequate characteristics from end-to-end. A specialised service is operated within closend or receive data to or from a determined number of parties or endpoints; and thatelectronic communications networks and thus clearly separated from internet access services and is not marketed or widely used as a substitute for internet access service;
Amendment 386 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This section shall apply to harmonised radio spectrum for wireless broadband communications; its provisions shall be interpreted in accordance with the relevant parts of Directive 2002/21/EC (in particular Articles 8a and 9), as well as with the Radio Spectrum Policy Programme.
Amendment 396 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. This section shall be without prejudice to the right of the Member States to benefit from fees imposed to ensure the optimal use of radio spectrum resources in accordance with Article 13 of Directive 2002/20/EC and to organise and use their radio spectrum for public order, public security and defence, or to pursue general interest objectives such as cultural diversity and media pluralism.
Amendment 400 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 405 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Amendment 408 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
The national competent authorities shall refrain from applying procedures or imposing conditions for the use of radio spectrum which may unduly impede European electronic communications providers from providing integrated electronic communications networks and services in several Member States or throughout the Union and/or unduly impede, by creating interferences, the operation of existing services or applications in the concerned spectrum bands as well as in adjacent bands.
Amendment 411 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When establishing authorisation conditions and procedures for the use of radio spectrum, national competent authorities shall have regard in particular to equal treatment between existing and potential operators and between European electronic communications providers and other undertakings. National competent authorities shall also ensure the coexistence between existing and new radio spectrum users. To this end, they should conduct a comprehensive impact assessment as well as consultations involving all stakeholders.
Amendment 417 #
Proposal for a regulation
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
b) ensuring the most efficient use and effective management of radio spectrum as well as availability of unlicensed spectrum;
Amendment 426 #
Proposal for a regulation
Article 9 – paragraph 4 – point e a (new)
Article 9 – paragraph 4 – point e a (new)
e a) preventing any harmful interference
Amendment 446 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – point d
Article 10 – paragraph 3 – subparagraph 1 – point d
(d) achieve an optimal distribution between immediate and, if anupfront and, preferably, periodic payments, having regard in particular to the need to incentivise rapid network roll-out and radio spectrum utilisation in accordance with Article 9(4)(b) and (e).
Amendment 448 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – point d a (new)
Article 10 – paragraph 3 – subparagraph 1 – point d a (new)
(d a) are paid not more than one year before operators can start using the radio spectrum
Amendment 450 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
The technical and regulatory conditions attached to the rights of use for radio spectrum are defined and available to the operators and stakeholders prior the start of the auction process;
Amendment 475 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) determine a minimum duration for the rights granted in the harmonised bands; that is no less than 20 years, and in any case for a duration appropriate to incentivise investment and competition, and discourage the under-use or ‘hoarding’ of spectrum; or determine that the rights are to be granted for an indefinite duration.
Amendment 484 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2). as well as without prejudice to the provisions set in article 9 (3) and (4) of Directive 2002/21/EC
Amendment 511 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2 – point c
Article 13 – paragraph 1 – subparagraph 2 – point c
(c) the duration of the rights of use;, which is no less than 20 years, and in any case which is appropriate to incentivise investment and competition, and discourage the under-use or ‘hoarding’ of spectrum.
Amendment 545 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 546 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. The provision of a virtual broadband access product imposProviders of electronic communications services designated in accordance with Aarticle 8 and 1216 of Directive 2002/219/EC shall be considered as the provision of a European virtual broadband access product if it is supplied in accordance with the minimum parameters listed in (Framework directive) as having significant market power in a relevant market relating to the provision of wholesale high-quality electronic communications services shall ensure the publicatione of the Offers set out in Annex I and cumulatively meets the following substantive requirements:a wholesale reference offer containing at least the elements listed in Annex I.
Amendment 548 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 549 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 550 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 551 #
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 552 #
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
Amendment 553 #
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 555 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Commission shall, following consultation with BEREC, be empowered to adopt delegated acts implementing accordance with Article 32ts in order to adapt Annex I in light of market and technological developments, so as to continue to meet the substantive requirements listed in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33.
Amendment 556 #
Proposal for a regulation
Article 18
Article 18
Amendment 559 #
Proposal for a regulation
Article 19
Article 19
Amendment 564 #
Proposal for a regulation
Article 20 – title
Article 20 – title
Measures relating to Europeanhigh-quality access products for the provision of pan- European business communications services
Amendment 565 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Commission shall adopt by 1 January 2016 implementing acts laying down uniform technical and methodological rules for the implementation of a European virtual broadband access product within the meaning of Article 17 and of Annex I, point 1, in accordance with the criteria and parameters specified therein and in order to ensure the equivalence of the functionality of such a virtual wholesale access product to next-generation networks with that of a physical unbundled access productprinciples for the definition and analysis of wholesale markets for the provision of high-quality electronic communications in accordance with article 16 of Directive 2002/21/EC (Framework directive), as well as consistent specifications for remedies meeting business needs in such markets in accordance with Annex I. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).
Amendment 566 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 585 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be free to access and distribute information and content, run applications and use services and devices of their choice, irrespective of their origin or destination, via their internet access service.
Amendment 604 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be free to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of serviceoperated in closed electronic networks with an enhanced quality of service. Providers of electronic communications to the end-user shall not discriminate against contents, services or applications from other sources that are competing with their own specialised services.
Amendment 610 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services. Providers of electronic communications shall take the necessary measures to ensure that the effect of the provision of specialised services through their network is always transparent and does not impair the general quality of internet access services in terms of performance, affordability and availability. In so doing, they should maintain internet access services of sufficient capacity and quality to accommodate the advertised internet speeds offered to their end users without congestion. In order for national regulatory authorities to be able to assess such potential impairment, providers of electronic communications to the public shall make available, upon request, precise information explaining how capacities are assigned to the two types of services, and if necessary provide justifications about the measures put in place to prevent impairment of internet access services by the specialised services.
Amendment 663 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
Article 23 – paragraph 5 – subparagraph 1 – point c
(c) prevent the transmission of unsolicitedspecific communications to end-users who have given their prior consent to such restrictive measures;
Amendment 668 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
Article 23 – paragraph 5 – subparagraph 1 – point d
(d) minimistigate the effects of temporary or exceptional network congestion, primarily by means of application-agnostic measures or, when these measures do not prove efficient, by means of application- specific measures, provided that equivalent types of traffic are treated equally.
Amendment 678 #
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
Amendment 760 #
Proposal for a regulation
Article 37 – point 1
Article 37 – point 1
Regulation (EU) No 531/2012
Article 1 – paragraph 1 – subparagraph 3
Article 1 – paragraph 1 – subparagraph 3
Amendment 762 #
Proposal for a regulation
Article 37 – point 2
Article 37 – point 2
Regulation (EU) No 531/2012
Article 2 – paragraph 2 – point r (new)
Article 2 – paragraph 2 – point r (new)
Amendment 763 #
Proposal for a regulation
Article 37 – point 3
Article 37 – point 3
Regulation (EU) No 531/2012
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 766 #
Proposal for a regulation
Article 37 – point 4
Article 37 – point 4
Regulation (EU) No 531/2012
Article 4a
Article 4a
Amendment 775 #
Proposal for a regulation
Article 37 – point 4 a (new)
Article 37 – point 4 a (new)
Regulation (EU) No 531/2012
Article 6a (new)
Article 6a (new)
Amendment 797 #
Proposal for a regulation
Article 37 – point 8 – point b – point i
Article 37 – point 8 – point b – point i
Regulation No 531/2012
Article 19 – paragraph 2
Article 19 – paragraph 2
If the report shows that tariff options, in which the domestic service rate applies both to domestic and regulated roaming services, are not provided in all retail packages for reasonable use by at least one roaming provider in each Member State, or that the offers by alternative roaming providers have not made substantially equivalent retail roaming tariffs easily available to consumers throughout the Union, the Commission shall, by the same dateJuly 2015, after a public consultation and after requesting and taking utmost account of BEREC’s opinion, make appropriate proposals to the European Parliament and the Council to address the situation and ensure that there is no difference between national and roaming tariffs within the internal market.
Amendment 798 #
Proposal for a regulation
Article 37 – point 8 – point b – point ii
Article 37 – point 8 – point b – point ii
Regulation No 531/2012
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
(d) to change the duration or reduce the level of maximum wholesale charges provided for in Articles 7, 9 and 12 with a view to reinforcing the ability of all roaming providers to make available in their respective retail packages for reasonable use tariff options in which the applicable domestic service rate applies to both domestic services and regulated roaming services, as if the latter were consumed on the home network by July 2015.
Amendment 801 #
Proposal for a regulation
Article 38 – point 1 a (new)
Article 38 – point 1 a (new)
Regulation (EU) No 531/2012
Article 4 – paragraph 6a (new)
Article 4 – paragraph 6a (new)
(1a) In Article 3, a new paragraph 2a is added: BEREC’s advisory role upstream of any legislative proposals affecting the electronic communications sector should be made methodical
Amendment 822 #
Proposal for a regulation
Annex 1 – heading 1
Annex 1 – heading 1
MINIMUM PARAMETERS FOR OFFERS OF EUROPEAN VIRTUAL BROADBAND ACCESS PRODUCTHIGH- QUALITY ACCESS PRODUCTS FOR THE PROVISION OF PAN-EUROPEAN BSUINESS COMMUNICATIONS SERVICES
Amendment 823 #
Proposal for a regulation
Annex 1 – part 1
Annex 1 – part 1
Amendment 824 #
Proposal for a regulation
Annex 1 – part 2 – paragraph 1
Annex 1 – part 2 – paragraph 1
Amendment 825 #
Proposal for a regulation
Annex 1 – part 2 – point 2.2 – paragraph 1 – introductory part
Annex 1 – part 2 – point 2.2 – paragraph 1 – introductory part
Ability to support differenthigh quality of service levels (e.g. QoS 1, 2 and 3) with regard to:
Amendment 826 #
Proposal for a regulation
Annex 1 – part 3
Annex 1 – part 3
3. OFFER 32
Amendment 830 #
Proposal for a regulation
Annex 2
Annex 2