Activities of Kaja KALLAS related to 2016/0286(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Body of European Regulators for Electronic Communications PDF (1 MB) DOC (227 KB)
Amendments (38)
Amendment 198 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to ensure the consistent application of legislation throughout the Union, a consistency mechanism for cooperation between the national regulatory authorities should be established through BEREC. That mechanism should in particular apply where a national regulatory authority intends to adopt a measure intended to produce legal effects which may create a barrier to the internal market or create a lack of legal certainty on the common interpretation of Union legislation. It should apply where any national regulatory authority concerned requests that such matter should be handled in the consistency mechanism, in cases of crossborder disputes or on the basis of a complaint by an undertaking operating crossborder and impacted by such measures. That mechanism should be without prejudice to any measures that the Commission may take in the exercise of its powers under the Treaties.
Amendment 200 #
Proposal for a regulation
Recital 11
Recital 11
(11) BEREC should be allowed if necessary toIn light of the increasing convergence between sectors providing electronic communication services and the horizontal dimension of regulatory issues related to their development, BEREC should coordinate the work, and cooperate with, and without prejudice to the role of, other Union bodies, agencies, offices and advisory groups, in particular the Radio Spectrum Policy Group29 , the European Data Protection Board30 , the European Regulators Group for Audiovisual Media Services31 and, the European Union Agency for Network and Information Security32 , the Consumer Protection Cooperation Network, and European standardisation organisations ; as well as with existing committees (such as the Communications Committee and the Radio Spectrum Committee). It should also be allowed to cooperate with competent authorities of third countries, in particular, regulatory authorities competent in the field of electronic communications and/or groups of those authorities, as well as with international organisations when necessary for the performance of its tasks. _________________ 29 Decision 2002/622/EC establishing a Radio Spectrum Policy Group (OJ L 198, 27.7.2002, p. 49). 30 Established under 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 (OJ L 119, 4.5.2016, p.1). 31 Directive [...]. 32 Regulation (EU) No 526/2013 of the European Parliament and of the Council of 21 May 2013 concerning the European Union Agency for Network and Information Security (ENISA) and repealing Regulation (EC) No 460/2004 (OJ L 165, 18.6.2013, p.41).
Amendment 203 #
Proposal for a regulation
Recital 12
Recital 12
(12) Compared to the situation in the past where both a Board of Regulators and a Management Committee were running in parallel, having a single board giving general orientations for the activities of BEREC, deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency, coherence and performance of the agency. To this end, the Management Board should carry out the relevant functions and should consist, in addition of two representatives of the Commission, of the Head, or otherwise a member of the collegiate body, of each NRA, who are protected by dismissal requirements. In addition, the Commission, with two representatives, shall have the right to participate in the activities and meetings of the management board, with voting rights restricted to administrative and budgetary management matters.
Amendment 212 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) In order to ensure the consistent application of legislation throughout the Union, a consistency mechanism for cooperation between the national regulatory authorities should be established through BEREC. That mechanism should in particular apply where a national regulatory authority intends to adopt a measure intended to produce legal effects which may create a barrier to the internal market or create a lack of legal certainty on the common interpretation of Union legislation. It should apply where any national regulatory authority concerned requests that such matter should be handled in the consistency mechanism, in cases of crossborder disputes or on the basis of a complaint by an undertaking operating crossborder and impacted by such measures. That mechanism should be without prejudice to any measures that the Commission may take in the exercise of its powers under the Treaties.
Amendment 213 #
Proposal for a regulation
Recital 11
Recital 11
(11) BEREC should be allowed if necessary toIn light of the increasing convergence between sectors providing electronic communication services and the horizontal dimension of regulatory issues related to their development, BEREC should coordinate the work, and cooperate with, and without prejudice to the role of, other Union bodies, agencies, offices and advisory groups, in particular the Radio Spectrum Policy Group29 , the European Data Protection Board30 , the European Regulators Group for Audiovisual Media Services31 and, the European Union Agency for Network and Information Security32 , the Consumer protection Cooperation, and European standardisation organisations ; as well as with existing committees (such as the Communications Committee and the Radio Spectrum Committee). It should also be allowed to cooperate with competent authorities of third countries, in particular, regulatory authorities competent in the field of electronic communications and/or groups of those authorities, as well as with international organisations when necessary for the performance of its tasks. _________________ 29 Decision 2002/622/EC establishing a Radio Spectrum Policy Group (OJ L 198, 27.7.2002, p. 49). 30 Established under 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 (OJ L 119, 4.5.2016, p.1). 31 Directive [...]. 32 Regulation (EU) No 526/2013 of the European Parliament and of the Council of 21 May 2013 concerning the European Union Agency for Network and Information Security (ENISA) and repealing Regulation (EC) No 460/2004 (OJ L 165, 18.6.2013, p.41).
Amendment 214 #
Proposal for a regulation
Recital 12
Recital 12
(12) Compared to the situation in the past where both a Board of Regulators and a Management Committee were running in parallel, having a single board giving general orientations for the activities of BEREC, deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency, coherence and performance of the agency. To this end, the Management Board should carry the relevant functions and should consist, in addition of two representatives of the Commission, of the Head, or otherwise a member of the collegiate body, of each NRA, who are protected by dismissal requirements. In addition, the Commission, with two representatives, should have the right to participate in the activities and meetings of the management board without voting right.
Amendment 218 #
Proposal for a regulation
Recital 17
Recital 17
(17) Experience has shown that most of BEREC’s tasks are better carried out through working groups, therefore the Management Board should be in charge of setting up working groups and appointing their members. In order to ensure a balanced approach, the working groups should be coordinated and moderated by members of the BEREC staff. Lists of qualified experts should be prepared in advance to ensure a quick set-up of certain working groups, in particular those related to internal market procedures for draft national measures on market regulation and on assignments of rights of use for radio spectrum, due to the time limits of those procedures. Lists of qualified expert members of working groups, together with their declaration of interests, should be made publicly available.
Amendment 218 #
Proposal for a regulation
Recital 17
Recital 17
(17) Experience has shown that most of BEREC’s tasks are better carried out through working groups, therefore the Management Board should be in charge of setting up working groups and appointing their members. In order to ensure a balanced approach, the working groups should be coordinated and moderated by members of the BEREC staff. Lists of qualified experts should be prepared in advance to ensure a quick set-up of certain working groups, in particular those related to internal market procedures for draft national measures on market regulation and on assignments of rights of use for radio spectrum, due to the time limits of those procedures. Lists of qualified expert members of working groups, together with their declaration of interests, should be made publicly available.
Amendment 223 #
Proposal for a regulation
Recital 25
Recital 25
(25) In order to carry out its tasks effectively, BEREC should have the right to request all necessary information from the Commission, the NRAs and, as a last resortwhere necessary to perform its tasks, other authorities and undertakings. Requests for information should be proportionate and not impose an undue burden on the addressees. For that purpose, BEREC should establish a common information and communication system to avoid duplication of information requests and facilitate communication between all authorities involved. NRAs, which are closest to the electronic communications markets, should cooperate with BEREC and have a timely and accurate provision of information to ensure that BEREC is able to fulfil its mandate. BEREC should also share with the Commission and the NRAs the necessary information based on the principle of sincere cooperation.
Amendment 227 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. BEREC shall pursue the same objectives as those of national regulatory authorities (‘NRAs’) referred to in Article 3 of the Directive. In particular, BEREC shallas primary objectives ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market. It shall also, thereby contributing to the objectives referred to in Article 3 of the Directive [...] ('Electronic Communications Code') of promoteing access to, and take-up of, very high capacity data connectivity;, competition in the provision of electronic communications networks, services and associated facilities;, and the interests of the citizens of the Union.
Amendment 234 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) assist, advise and cooperate with the Commission as well as NRAs, on request or on its own initiative, on any technical matter within its mandate, and assist and advise the European Parliament and the Councilprovide an opinion or a recommendation to the European Parliament, the Council and the Commission on request or on its own requestinitiative on any of the issues relating to the purpose for which it has been established;
Amendment 238 #
Proposal for a regulation
Article 2 – paragraph 1 – point b – indent 2 a (new)
Article 2 – paragraph 1 – point b – indent 2 a (new)
- on regulatory issues that may create a barrier to the internal market or subject to divergences in the implementation of the legislative framework referred to in Article 1(2), by the national regulatory authorities or by other competent authorities, only : a) in cases of crossborder disputes where competent national regulatory authorities have not been able to reach an agreement within a period of 3 months, after the case in question was referred to the last of those regulatory authorities b) upon a request from a competent national regulatory authority c) upon a complaint lodged by an undertaking providing electronic communications networks or services a decision shall be adopted in the shortest possible time frame and in any case within four months, except in exceptional circumstances, from the referral of the subject matter by a two-thirds majority of the members of the Board. The decision referred to in paragraph 1 shall be reasoned and addressed to national regulatory authorities concerned and binding on them. The Chair of the Board shall notify, without undue delay, the decision referred to in paragraph 1 to the national regulatory authorities. It shall inform the Commission thereof. The decision shall be published on the website of BEREC without delay.
Amendment 239 #
Proposal for a regulation
Recital 25
Recital 25
(25) In order to carry out its tasks effectively, BEREC should have the right to request all necessary information from the Commission, the NRAs and, as a last resortwhere necessary to perform its tasks, other authorities and undertakings. Requests for information should be proportionate and not impose an undue burden on the addressees. For that purpose, BEREC should establish a common information and communication system to avoid duplication of information requests and facilitate communication between all authorities involved. NRAs, which are closest to the electronic communications markets, should cooperate with BEREC and have a timely and accurate provision of information to ensure that BEREC is able to fulfil its mandate. BEREC should also share with the Commission and the NRAs the necessary information based on the principle of sincere cooperation.
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) monitor and coordinate the action of NRAs in applying Regulation (EU) No 531/2012, in particular as regards the provision of regulated retail roaming services at domestic prices in the interests of end-users, the evolution of retail and wholesale charges for roaming services and on transparency and comparability of tariffs in accordance with Article 19 of Regulation (EU) No 531/2012 ;
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(a a) monitor market developments, evaluate the needs for regulatory innovation and coordinate actions between national regulatory authorities to enable the development of new innovative electronic communication services (and ensure convergence, in particular in the area of standardisation, numbering, and spectrum allocation;
Amendment 247 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. BEREC shall pursue the same objectives as those of national regulatory authorities (‘NRAs’) referred to in Article 3 of the Directive. In particular, BEREC shallas primary objectives ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market. It shall also, thereby contributing to the objectives referred to in Article 3 of the Directive of promoteing access to, and take-up of, very high capacity data connectivity;, competition in the provision of electronic communications networks, services and associated facilities;, and the interests of the citizens of the Union.
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 2 – point b – indent 3
Article 2 – paragraph 2 – point b – indent 3
- on the evolution of retail and wholesale charges for roaming services and on transparency and comparability of tariffs in accordance with Article 19 of Regulation (EU) No 531/2012, and where necessary, make recommendations to the Commission;
Amendment 249 #
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(c a) provide a framework within which national regulatory authorities can cooperate, and promote cooperation between the national regulatory authorities in those areas which are still not harmonised at Union level. BEREC shall take due into account of the outcome of such cooperation when formulating its opinions, recommendations and decisions. Where BEREC considers that binding rules on such cooperation are required, it shall make the appropriate recommendations to the Commission;
Amendment 250 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) assist, advise and cooperate with the Commission as well as NRAs, on request or on its own initiative, on any technical matter within its mandate, and assist and advise the European Parliament and the Councilprovide an opinion or a recommendation to the European Parliament, the Council and the Commission on request or on its own requestinitiative on any of the issues relating to the purpose for which it has been established ;
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)
Article 2 – paragraph 2 – point d a (new)
(d a) launch a data innovation initiative to modernise, coordinate and standardise the collection of data by national regulatory authorities. Without prejudice to the intellectual property rights and the required confidentiality level, this data shall be made available to the public in an open, reusable and machine-readable format on the BEREC website and the European data portal;
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 2 – point d b (new)
Article 2 – paragraph 2 – point d b (new)
(d b) cooperate with the Consumer Protection Cooperation and relevant national competent authorities, as regards matters related to the provision of electronic communication services which may affect consumers' interests in several Member states;
Amendment 260 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The Management Board shall be composed of one representative from each Member State and two representatives of the Commission, all with voting rights. Each NRA shall be responsible for nominating its respective representative amongst the Head or members of the collegiate body of the NRA. The Commission shall have the right to participate in the activities and meetings of the Management Board without voting right. The Commission shall designate two representatives. The Chair of the Board shall communicate to the Commission the activities of the Board.
Amendment 261 #
Proposal for a regulation
Article 2 – paragraph 1 – point b – indent 2 a (new)
Article 2 – paragraph 1 – point b – indent 2 a (new)
– on regulatory issues that may create a barrier to the internal market or subject to divergences in the implementation of the legislative framework referred to in article 1 (2), by the national regulatory authorities or by other competent authorities , only : (a) in cases of crossborder disputes where competent national regulatory authorities have not been able to reach an agreement within a period of 3 months, after the case in question was referred to the last of those regulatory authorities (b) upon a request from a competent national regulatory authority (c) upon a complaint lodged by an undertaking providing electronic communications networks or services A decision shall be adopted in the shortest possible time frame and in any case within four months, except in exceptional circumstances, from the referral of the subject matter by a two-thirds majority of the members of the Board. The decision referred to in subparagraph 1 shall be reasoned and addressed to the national regulatory authorities concerned and binding on them. The Chair of the Board shall notify, without undue delay, the decision referred to in subparagraph 1 to the national regulatory authorities. It shall inform the Commission thereof. The decision shall be published on the website of BEREC without delay.
Amendment 264 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. The list of Members of the Management board, together with their declaration of interest, shall be made publicly available.
Amendment 266 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) monitor and coordinate the action of NRAs in applying Regulation (EU) No 531/2012, in particular as regards the provision of regulated retail roaming services at domestic prices in the interests of end-users, the evolution of retail and wholesale charges for roaming services and on transparency and comparability of tariffs in accordance with Article 19 of Regulation (EU) No 531/2012;
Amendment 266 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) adopt and proceed with an assessment of the consolidated annual activity report on BEREC’s activities and send both the report and its assessment, by 1 July each year to the European Parliament, the Council, the Commission and the Court of Auditors. The annual report on BEREC's activities shall be presented to the Parliament and Council by the Executive Director during a public session. The consolidated annual activity report shall be made public;
Amendment 267 #
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) monitor market developments, evaluate the needs for regulatory innovation and coordinate actions between national regulatory authorities to enable the development of new innovative electronic communication services and ensure convergence, in particular in the area of standardisation, numbering, and spectrum allocation;
Amendment 269 #
Proposal for a regulation
Article 2 – paragraph 2 – point b – indent 3
Article 2 – paragraph 2 – point b – indent 3
– on the evolution of retail and wholesale charges for roaming services and on transparency and comparability of tariffs in accordance with Article 19 of Regulation (EU) No 531/2012, and where necessary, make recommendations to the Commission ;
Amendment 270 #
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) provide a framework within which national regulatory authorities can cooperate, and promote cooperation between the national regulatory authorities in those areas which are still not harmonised at Union level. BEREC shall take due into account of the outcome of such cooperation when formulating its opinions, recommendations and decisions. Where BEREC considers that binding rules on such cooperation are required, it shall make the appropriate recommendations to the Commission ;
Amendment 271 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Independence 1. The Board shall act independently when performing its tasks or exercising its powers pursuant to this Regulation. 2. Without prejudice to requests by the Commission or national regulatory authorities referred to in this Regulation, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any other body.
Amendment 272 #
Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)
Article 2 – paragraph 2 – point d a (new)
(da) launch a data innovation initiative to modernise, coordinate and standardise the collection of data by national regulatory authorities. Without prejudice to intellectual property rights and the required level of confidentiality, this data shall be made available to the public in an open, reusable and machine-readable format on the BEREC website and the European data portal ;
Amendment 273 #
Proposal for a regulation
Article 2 – paragraph 2 – point d b (new)
Article 2 – paragraph 2 – point d b (new)
(db) cooperate with the Consumer Protection Cooperation Network and relevant national competent authorities, as regards matters related to the provision of electronic communication services which may affect consumers' interests in several Member States ;
Amendment 298 #
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4 a. BEREC shall establish and manage an information and communication system with at least the following one-stop-shop functions: (a) a single entry point through which a undertaking subject to general authorisation shall submit its application; (b) a common information-exchange platform, providing BEREC, the Commission and national regulatory authorities with the necessary information for the common implementation of Union legislation; (c) an early-warning system able to identify at an early stage the needs for coordination between decisions to be taken by national regulatory authorities; 6. The Management Board shall adopt the technical and functional specifications and a plan to establish this system. It shall be developed without prejudice to the intellectual property rights and the required confidentiality level. 7. This information and communication systems shall be operational at the latest one year after the entry into force of this Regulation.
Amendment 303 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The Management Board shall be composed of one representative from each Member State and two representatives of the Commission, all with voting rights. Each NRA shall be responsible for nominating its respective representative amongst the Head or members of the collegiate body of the NRA. The representatives of the Commission shall take part in the deliberations, with the right to vote on administrative matters and without the right to vote on regulatory matters as referred to in Article 2.
Amendment 310 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The list of Members of the Management board, together with their declaration of interest, shall be made publicly available.
Amendment 314 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) adopt and proceed with an assessment of the consolidated annual activity report on BEREC’'s activities and send both the report and its assessment, by 1 July each year to the European Parliament, the Council, the Commission and the Court of Auditors. The annual report on Berec's activities shall be presented to the Parliament and Council by the Executive Director during a public session. The consolidated annual activity report shall be made public;
Amendment 330 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Independence 1. Members of the Management Board, when carrying out the tasks conferred upon them, shall act independently and objectively in the interest of the Union as a whole, regardless of national or personal interest. 2. Without prejudice to the powers of the Commission or national regulatory authorities, Members of the Management board shall not seek or take instructions from the institutions or bodies of the Union, from any government of a Member State or from any other public or private body. Members of the Board shall, in particular, carry out the tasks conferred upon them free from undue political influence and from commercial interference that would affect their personal independence.
Amendment 419 #
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)