27 Amendments of Dominique BILDE related to 2016/0286(COD)
Amendment 21 #
Proposal for a regulation
Recital 5
Recital 5
(5) In its Communication of 6 May 201527 entitled ‘A Digital Single Market Strategy for Europe’, the Commission envisaged presenting proposals in 2016 for an ambitious overhaul of the regulatory framework for electronic communications focusing inter alia on a more effective regulatory institutional framework in order to make the telecoms rules fit for purpose as part of the creation of the right conditions for the digital single market. These include the deployment of very high capacity connectivity networks, more coordinated management of radio spectrum for wireless networks and creating a level playing field for advanced digital networks and innovative services. The Communication pointed out that the changing market and technological environment make it necessary to strengthen the institutional framework by enhancing the role of BEREC. _________________ 27However, that strengthening of the framework poses a number of problems, above all regarding the cooperation system between regulators that has been prominent until now, and which risks being called into question. _________________ 27 COM(2015) 192 final. COM(2015)0192 final.
Amendment 22 #
Proposal for a regulation
Recital 6
Recital 6
(6) In its Resolution of 19 January 2016 ‘Towards a Digital Single Market Act’, the European Parliament called on the Commission to integrate further the digital single market by ensuring that a more efficient institutional framework is in place. It can do this by strengthening the role, capacity and decision-making powers of BEREC in order to allow it to foster the consistent implementation of the regulatory framework for electronic communications, to enable an efficient oversight of BEREC over the development of the single market and to help it to resolve cross-border disputes. The European Parliament also stresses, in this regard, the need to improve the financial and human resources and further enhance the governance structure of BEREC. Notes, however, that the digital issue in its entirety has not been taken into account, as a result, in particular, of a clear lack of consideration as to what digital data strategy should be employed to stock, use and enhance those data. Emphasises that it is essential for European interests to bring the digital sector totally under control.
Amendment 23 #
Proposal for a regulation
Recital 7
Recital 7
(7) BEREC and the BEREC Office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications. Notwithstanding, there are still significant disparities between Member States as regards regulatory practice. Moreover, the governance structure of BEREC and the BEREC Office is cumbersome and gives rise to unnecessary administrative burden. In order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the Union as well as to the promotion of access to, and take-up of, very high capacity data connectivity, competition in the provisionHowever, intergovernmental cooperation between national regulators of electronic communications networks, services and associated facilities and the interests of the citizens of the Union, this regulation aims to strengthen the role of BEREC and enhance its governance structure by establishing BEREC as a Union decentralised agency. This also corresponds to the need to reflect the significantly enhanced role played by BEREC following Regulation (EC) No 531/2012 which establishes tasks for BEREC in relation to Union-wide roaming, Regulation (EU) No 2015/2120 which establishes tasks for BEREC in relation to open internet access and Union-wide roaming, and the Directive which establishes a significant number of new tasks for BEREC such as issuing decisions and guidelines on several topics, reporting on technical matters, keeping registers and delivering opinions on internal market procedures for draft national measures on market regulation as well as on assignments of rights of use for radio spectrumtill seems to be the sovereign route.
Amendment 26 #
Proposal for a regulation
Recital 8
Recital 8
(8) The need for the regulatory framework for electronic communications to be consistently applied in all Member States is essential for the successful development of an internal market for electronic communications throughout the Union and the promotion of access to, and take-up of, very high capacity data connectivity, of competition in the provision of electronic communications networks, services and associated facilities and of the interests of the citizens of the Union. In view of market and technological developments, which often entails an increased cross-border dimension, and to the experience so far in ensuring a consistent implementation in the electronic communications field, it is necessary to build on the work of BEREC and the BEREC Office and further develop them into a fully-fledged agency. retain the principle of intergovernmental cooperation. Notes, however, that the objectives of the Commission and Parliament do not focus entirely on the power of European countries. This issue is the result of a clear lack of dialogue as to what strategy should be pursued with regard to digital independence and sovereignty, particularly compared with foreign powers such as the United States.
Amendment 31 #
(11) BEREC should be allowed if necessary to 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; 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. BERECE also needs to be at the full service of the Member States, and must abide by their respective laws. _________________ 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 [...]. 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 34 #
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 to two representatives ofa maximum of one representative of the Commission , in order to maintain the independence of BEREC from the Commission, of the Head, or otherwise a member of the collegiate body, of each NRA, who are protected by dismissal requirements.,
Amendment 36 #
Proposal for a regulation
Recital 13
Recital 13
(13) In the past the appointing authority powers were exercised by the Vice-Chair of the Management Committee of the BEREC Office. The Management Board of the new agency should delegate relevant appointing authority powers to the Executive Director, who would be authorised to sub-delegate those powers. This would contribute to an efficient management of the BEREC staff as well as to ensuring that the Management Committee, as well as the Chairperson and Deputy Chairperson, can concentrate on their functions. Unfortunately, the way that the Executive Director is appointed does not guarantee his/her independence from the Commission.
Amendment 38 #
Proposal for a regulation
Recital 16
Recital 16
(16) The role of the Executive Director, who would be the legal representative of BEREC, is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it. The Management Board should appoint him/her on the basis of a list of experts drawn up by the Commission and by the representatives of the Member States following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence. Moreover, in the past the term of office of the Administrative Manager of the BEREC Office was three years. It is necessary that the Executive Director has a sufficiently long mandate in order to ensure stability and delivery of a long-term strategy for the agency.
Amendment 45 #
Proposal for a regulation
Recital 21
Recital 21
(21) BEREC should be independent as regards operational and technical matters and should enjoy legal, administrative and financial autonomy. To that end, it is necessary and appropriate that BEREC should be a body of the Union having legal personality and exercisremains an intergovernmental cooperation body withing the powers conferred upon itUnion.
Amendment 47 #
Proposal for a regulation
Recital 22
Recital 22
(22) As a Union decintergovernmentralised agenc cooperation body, BEREC should operate within its mandate and the existing institutional framework. It should not be seen as representing a Union position or the position of Member States to an outside audience or as committing the Union and the Member States to legal obligations.
Amendment 50 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to further extend the consistent implementation of the provisions of the regulatory framework for electronic communications within the scope of BEREC, the new agencis body should be open to the participation of regulatory authorities of third countries competent in the field of electronic communications that have entered into agreements with the Union to that effect, in particular those of EEA EFTA States and candidate countries.
Amendment 51 #
Proposal for a regulation
Recital 24
Recital 24
(24) BEREC should be allowed to engage in communication activities within its field of competence, which should not be detrimental to BEREC’s core tasks and should be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board. The content and implementation of BEREC’s communication strategy should be coherent, relevant and coordinated with the strategies and activities of the CommissionMember States and the other institutions in order to take into consideration the broader image of the Union and the distinctive features of each Member State.
Amendment 52 #
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 resort, other authorities and undertakings, ensuring that the digital data of every European citizen and the Member States are kept secure at last, by way of an independent European strategy for digital sovereignty. Requests for information should be proportionate and not impose an undue burden on the addressees. 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 CommissionMember States and the NRAs the necessary information based on the principle of sincere cooperation.
Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The Body of European Regulators for Electronic Communications (‘BEREC’) is hereby established. It must preserve the essential concept of intergovernmental cooperation.
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) develop an economic model in order to assist the Commission in determining the maximum termination rates in the Union in accordance with Article 73 of the Directive , while taking into account the distinctive characteristics of each nation and their future changes;
Amendment 88 #
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 2
Article 2 – paragraph 1 – point d – indent 2
– on draft national measures related to the internal market procedures for market regulation in accordance with Articles 32, 33 and 66 of the Directive, with no power to impose them on Member States;
Amendment 112 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
– an Executive Director, which shall exercise the responsibilities set out in Article 9; his/her appointment must be the result of an independent, joint selection process carried out by the Commission and the Member States, with the Member States being given priority;
Amendment 118 #
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 twoone 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.
Amendment 120 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Members of the Management Board and their alternates shall be appointed in light of their knowledge in the field of electronic communications, taking into account relevant managerial, administrative and budgetary skills and their independence, particularly from the Commission, companies and large foreign groups. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board’s work. All parties shall aim to achieve a balanced representation between men and women on the Management Board.
Amendment 125 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to the powers of the Commission and the Management Board, the Executive Director shall be independent in the performance of his/her duties and shall neither seek nor take instructions from any government, institution, person or body, nor any company or foreign, non-European group, specifically companies and groups that do not have their headquarters, policy centres, R&D centres or production sites on European soil.
Amendment 130 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, all under the close supervision of the competent digital authorities of the Member States, following an open and transparent selection procedure.
Amendment 133 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The term of office of the Executive Director shall be five years. By the end of that period, the Commission and the competent digital authorities of the Member States shall undertake an assessment that takes into account an evaluation of the Executive Director’s performance and BEREC’s future tasks and challenges.
Amendment 138 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. BEREC shall be a body of the Union. It shall have legal personalremain an independent authority.
Amendment 142 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
BEREC shall adopt its own security rules equivalent to the Commission’s security rules for protecting European Union Classified Information (‘EUCI’) and sensitive non-classified information, inter alia provisions for the exchange, processing and storage of such information as set out in Commission Decisions (EU, Euratom) 2015/44342 and 2015/44443. Alternatively, BEREC may adopt a decision to apply the Commission’s rules on a mutatis mutandis basis. BEREC should work towards a fully independent digital strategy, ensuring the digital sovereignty of Member States is respected, as part of cooperation on a solely European level. _________________ 42 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41). 43 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).
Amendment 143 #
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
(2a) The independence of office members from companies or foreign, non- European groups, specifically companies and groups that do not have their headquarters, policy centres, R&D centres or production sites on European soil, must be certified.
Amendment 145 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. No later than five years from the day of entry into force of this regulation, and every five years thereafter, the Commission and the competent digital authorities of the Member States shall perform an evaluation in compliance with the Commission guidelines and those of the aforementioned authorities to assess BEREC’s performance in relation to its objectives, mandate, tasks and location(s). The evaluation shall, in particular, address the possible need to modify the mandate of BEREC, and the financial implications of any such modification.
Amendment 147 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Where the Commission and the competent digital authorities considers that the continuation of BEREC is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this regulation be amended accordingly or repealed.