26 Amendments of Flavio ZANONATO related to 2016/0288(COD)
Amendment 339 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States and, BEREC and the Commission shall also contribute to the achievement of these objectives.
Amendment 349 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The national regulatory and other competent authorities as well as BEREC shall:and the Commission, in discharging their respective responsibilities under this Directive, shall pursue each of the general objectives listed below. The expression of the list in the order from (a) to (d) does not constitute a ranking of the general objectives.
Amendment 384 #
Proposal for a directive
Article 3 – paragraph 3 – point f
Article 3 – paragraph 3 – point f
(f) imposing ex ante regulatory obligations only to the extent necessary to secure effective and sustainable competition on the wholesale and the retail market concerned and relaxing or lifting such obligations as soon as that condition is fulfilled.
Amendment 390 #
Proposal for a directive
Article 3 – paragraph 3 – point f a (new)
Article 3 – paragraph 3 – point f a (new)
(f a) safeguarding competition to the benefit of consumers, including the imposition of ex-ante regulatory obligations to secure effective and sustainable competition on wholesale markets and promoting, where appropriate, infrastructure-based competition.
Amendment 514 #
Proposal for a directive
Article 32 – paragraph 4 – subparagraph 2
Article 32 – paragraph 4 – subparagraph 2
and would affect trade between Member States, and the Commission has indicated to the national regulatory authority that it considers that the draft measure would create a barrier to the single market or if it has serious doubts as to its compatibility with Union law and in particular the objectives referred to in Article 3, the draft measure shall not be adopted for a further two months. This period may not be extended. The Commission shall inform BEREC, the other national regulatory authorities of its reservations in such a caseand stakeholders, at the same time, of its reservations in such a case and invite stakeholders to provide their observations.
Amendment 534 #
Proposal for a directive
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
Within one month of the Commission issuing the recommendation in accordance with paragraph 5(a) or lifting its reservations in accordance with paragraph 5(b) of this Article, the national regulatory authority concerned shall communicate towithdraw the draft measure or adopt and publish the final measure and inform the Commission and, BEREC the adopted final measureand other national regulatory authorities and stakeholders thereof.
Amendment 541 #
Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1 – point e
Article 35 – paragraph 1 – subparagraph 1 – point e
(e) any measures to promote competition pursuant to Article 52, when necessary, including non-discriminatory wholesale access obligations;
Amendment 580 #
Proposal for a directive
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Member States shall ensure that the competent authorities have all the powers necessary to investigate cases of non- compliance and the effects thereof on the security of the networks and services., and that undertakings providing public communications networks have a responsibility to react to cybersecurity incidents caused by hijacked devices;
Amendment 593 #
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 1
Article 45 – paragraph 1 – subparagraph 1
Taking due account of the fact that radio spectrum is a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio spectrum for electronic communications services and networks in their territory in accordance with Articles 3 and 4. They shall ensure that radio spectrum allocation used for electronic communications services and networks and issuing general authorisations or individual rights of use for such radio spectrum by competent authorities are based on objective, transparent, pro-competitive, non- discriminatory and proportionate criteria.
Amendment 599 #
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point c a (new)
Article 45 – paragraph 2 – subparagraph 1 – point c a (new)
(c a) ensuring predictability and consistency in the way rights are granted, renewed or modified in order to promote long term investments
Amendment 646 #
Proposal for a directive
Article 46 – paragraph 2
Article 46 – paragraph 2
2. When taking a decision pursuant to paragraph 1 with a view to facilitating the shared use of radio spectrum, the competent authorities shall ensure that the rules and conditions for the shared use of radio spectrum are clearly set out and concretely specified in the acts of authorisation.zation. Such rules shall include fair and non-discriminatory wholesale access conditions for all operators, including virtual operators, and facilitate efficient spectrum use, competition and innovation;
Amendment 655 #
Proposal for a directive
Article 47 – paragraph 2
Article 47 – paragraph 2
2. When attaching conditions to individual rights of use for radio spectrum, competent authorities may authorise the sharing of passive or active infrastructure, or of radio spectrum, as well as commercial roaming access agreements, or the joint roll-out of infrastructures for the provision of services or networks which rely on the use of radio spectrum, in particular with a view to ensuring effective and efficient use of radio spectrum or promoting coverage of close to 100 percent of Europeans as well as the deployment of innovative technologies. Conditions attached to the rights of use shall not prevent the sharing of radio spectrum. Implementation by undertakings of conditions attached pursuant to this paragraph shall remain subject to competition law.
Amendment 679 #
Proposal for a directive
Article 50 – paragraph 2 – point d
Article 50 – paragraph 2 – point d
(d) the need to promote, or avoid any distortion of, competition in line with Article 52, in particular by making necessary adjustments to existing spectrum assignments where justified in accordance with Article 49 to ensure effective competition and spectrum availability for potential new entrants;
Amendment 753 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2
Article 59 – paragraph 2 – subparagraph 2
Amendment 773 #
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a
Article 59 – paragraph 2 – subparagraph 3 – point a
(a) a viable and similar alternative means of access to end-users is made available to any undertakingprovided by the network operator and suitable for the provision of very high capacity networks, provided that thesuch access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and; or
Amendment 800 #
Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 b (new)
Article 61 – paragraph 2 – subparagraph 2 b (new)
An undertaking shall be deemed to have unilateral market power where, in the absence of significant market power, it enjoys a position of economic strength by virtue of the weakness of competitive constraints in an oligopolistic market, enabling it to act in a manner which is detrimental to consumer welfare.
Amendment 802 #
Proposal for a directive
Article 62 – paragraph 2
Article 62 – paragraph 2
2. The Commission shall publish, after consulting with BEREC, at the latest on the date of entry into force of this Directive, guidelines for market analysis and the assessment of significant and unilateral market power (hereinafter ‘"the SMP guidelines’") which shall be in accordance with the relevant principles of competition law and the objectives of the Code.
Amendment 820 #
Proposal for a directive
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
Amendment 832 #
Proposal for a directive
Article 65 – paragraph 2 – point b
Article 65 – paragraph 2 – point b
(b) all relevant competitive constraints, including at retaion wholesale and retail level level, irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user, and irrespective of whether such constraints are part of the relevant market;
Amendment 834 #
Proposal for a directive
Article 65 – paragraph 2 – point c
Article 65 – paragraph 2 – point c
Amendment 838 #
Proposal for a directive
Article 65 – paragraph 2 – point d
Article 65 – paragraph 2 – point d
Amendment 847 #
Proposal for a directive
Article 65 – paragraph 4
Article 65 – paragraph 4
4. Where a national regulatory authority determines that, in a relevant market the imposition of regulatory obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall identify: (a) any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61(2); or in case of the absence thereof: (b) undertakings which enjoy a position of unilateral market power on that market in accordance with Article 61(3). The national regulatory authority shall impose on such undertakings impose appropriate specific regulatory obligations in accordance with Article 66 or maintain or amend such obligations where they already exist if it considers that one or more retail markets would not be effectively competitive in the absence of those obligations.
Amendment 854 #
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Obligations imposed in accordance with this Article shall be based on the nature of the problem identified, in particular at on wholesale or retail level and where appropriate taking into account the identification of transnational demand pursuant to Article 64. They shall be proportionate, have regard to the costs and benefits, and be justified in the light of the objectives laid down in Article 3 of this Directive. Such obligations shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 860 #
Proposal for a directive
Article 66 – paragraph 6
Article 66 – paragraph 6
6. National regulatory authorities shall consider the impact of new market developments, such as in relation to commercial agreements, including co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics. If these developments are not sufficiently important in order to determine the need to undertake a new market analysis in accordance with Article 65, the national regulatory authority shall assess whether it is necessary to review the obligations imposed on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 876 #
Proposal for a directive
Article 70 – paragraph 1
Article 70 – paragraph 1
1. A national regulatory authority may, in accordance with Article 66, where it considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market and would not be in the end-user's interest: a. impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder; b. impose obligations of access to, and use of, specific entire physical network elements and associated facilities, including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fiber terminating segments; c. impose obligations to share with third parties specified network elements, including shared access to the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interesttallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments including wavelength division multiplexing and similar sharing solutions.
Amendment 1091 #
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channelaudiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services andand enabling end-user access to connected TV services and to the specified services on electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channelaudiovisual media services to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channeland services use them to receive radio and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.