114 Amendments of Ivan ŠTEFANEC related to 2016/0288(COD)
Amendment 156 #
Proposal for a directive
Recital 13
Recital 13
(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand for unconstrained use is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the sthat are capable of deliverving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Vat least 100 Mbps downlink speed upgradable over time to gigabit speeds and contribute to achieving continuous 5G coverage not taking into account variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, nother technologies andor transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.
Amendment 169 #
Proposal for a directive
Recital 10
Recital 10
(10) Certain electronic communications services under this Directive could also fulfil the definition of ‘information society service’ in Article 1 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services. The provisions governing Information Society Services apply to those electronic communications services to the extent that there are not more specific provisions applicable to electronic communications services in this Directive or in other Union acts. However, electronic communications services such as voice telephony, messaging services and electronic mail services are covered by this Directive. The same undertaking, for example an Internet service provider, can offer both an electronic communications service, such as access to the Internet, and services not covered under this Directive, such as the provision of web-based and not communications-related content and other vertically integrated services including machine-to-machine.
Amendment 175 #
Proposal for a directive
Recital 15
Recital 15
(15) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly substitute traditional voice telephony, text messages (SMS) and electronic mail conveyance services by functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure that end-users are effectively and equally protected when using functionally equivalent services, a future-oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach. The scope of necessary regulation should be appropriate to achieve its public interest objectives. While "conveyance of signals" remains an important parameter for determining theallows including transmission services falling into the scope of this Directive, the definition should cover also other services that enable communication. From an end-user's perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service. The amended definition of electronic communications services should therefore contain three types of services which may partlydo not overlap, that is to say internet access services according to the definition in Article 2(2) of Regulation (EU) 2015/2120, interpersonal communications services as defined in this Directive, and services consisting wholly or mainly in the conveyance of signals. The definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision-by- provision application of the specific rights and obligations contained in the framework to the different types of services. The processing of personal data by electronic communications services, whether as remuneration or otherwise, must be in compliance with Directive 95/46/EC which will be replaced by Regulation (EU) 2016/679 (General Data Protection Regulation) on 25 May 201823 . __________________ 23 Regulation (EU) 2016/679 of the 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 (General Data Protection Regulation); OJ L 119, 4.5.2016, p. 1
Amendment 177 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied against counter-performance other than money, for instance by giving access to personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user actively provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cook and information collected by the supplie)r. In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24 , remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected or received. __________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.
Amendment 180 #
Proposal for a directive
Recital 17
Recital 17
(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which usually do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. With regard to services such as social networks which possibly include electronic communication services besides other services, this Directive shall only apply to the included electronic communication services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, the communication element is of limited functionality compared to interpersonal communication services available in the market, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. In these exceptional cases the provider should demonstrate that the communication element is fulfilling the above criteria. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.
Amendment 188 #
Proposal for a directive
Recital 40
Recital 40
(40) The benefits of the single market to service providers and end-users can be best achieved by general authorisation of electronic communications networks and of electronic communications services other than number-independent, of internet access services and of number- based interpersonal communications services, without requiring any explicit decision or administrative act by the national regulatory authority and by limiting any procedural requirements to a declaratory notification only. Where Member States require notification by providers of electronic communications networks or services when they start their activities, this notification should be submitted to BEREC which acts as a single contact point. Such notification should not entail administrative cost for the providers and could be made available via an entry point at the website of the national regulatory authorities. BEREC should forward in good time the notifications to the national regulatory authority in all Member States in which the providers of electronic communications networks or services intend to provide electronic communications networks or services. Member States can also require proof that notification was made by means of any legally recognised postal or electronic acknowledgement of receipt of the notification to BEREC. Such acknowledgement should in any case not consist of or require an administrative act by the national regulatory authority, or any other authority.
Amendment 196 #
Proposal for a directive
Recital 49
Recital 49
(49) Specific obligations which may be imposed on providers of electronic communications networks and electronic communications services other than number-independent, of internet access services and of number-based interpersonal communications services in accordance with Union law by virtue of their significant market power as defined in this Directive should be imposed separately from the general rights and obligations under the general authorisation.
Amendment 200 #
Proposal for a directive
Recital 60
Recital 60
(60) Electronic communications broadband networks are becoming increasingly diverse in terms of technology, topology, medium used and ownership, therefore, regulatory intervention must rely on detailed information and forecasts regarding network roll-out in order to be effective and to target the areas where it is needed. That information should include plans regarding both deployment of very high capacity networks, as well as significant upgrades or extensions of existing copper or other networks which might not match the performance characteristics of very high capacity networks in all respects, such as roll-out of fibre to the cabinet coupled with active technologies like vectoring. The level of detail and territorial granularity of the information that national regulatory authorities should gather should be guided by the specific regulatory objective, and should be adequate for the regulatory purposes that it serves. Therefore, the size of the territorial unit will also vary between Member States, depending on the regulatory needs in the specific national circumstances, and on the availability of local data. Level 3 in the Nomenclature of Territorial Units for Statistics (NUTS) is unlikely to be a sufficiently small territorial unit in most circumstances. National regulatory authorities should be guided by BEREC guidelines on best practice to approach such a task, and such guidelines will be able to rely on the existing experience of national regulatory authorities in conducting geographical surveys of networks roll-out. National regulatory authorities should make available tools to end-users as regards quality of service to contribute towards the improvement of their awareness of the available connectivity services.
Amendment 201 #
Proposal for a directive
Recital 91
Recital 91
(91) Given the growing importance of number-independent interpersonal communications services, it is necessary to ensure that they are also subject to appropriate security requirements in accordance with their specific nature and economic importance. Providers of such services should thus ensure a level of security commensurate with the degree of risk posed to the security of the electronic communications services they provide. Given that providers of number- independent interpersonal communications services normally do not exercise actual control over the transmission of signals over networks, the degree of risk for such services can be considered in some respects lower than for traditional electronic communications services. Therefore, whenever it is justified by the actual assessment of the security risks involved, the security requirements for number-independent interpersonal communications services should be lighter. In that context, the providers should be able to decide about the measures they consider appropriate to manage the risks posed to the security of their services. The same approach should apply mutatis mutandis to interpersonal communications services which make use of numbers and which do not exercise actual control over signal transmission.
Amendment 202 #
Proposal for a directive
Recital 61
Recital 61
Amendment 245 #
Proposal for a directive
Recital 237
Recital 237
(237) The availability of transparent, up- to-date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services. End-usConsumers should be able to easily compare the prices of various services offered on the market based on information published in an easily accessible form. In order to allow them to make price and service comparisons easily, national regulatory authorities should be able to require from undertakings providing electronic communications networks and/or electronic communicationinternet access services other than number-independentr interpersonal communications services greater transparency as regards information (including tariffs, quality of service, restrictions on terminal equipment supplied, and other relevant statistics). Any such requirements should take due account of the characteristics of those networks or services. They should also ensure that third parties have the right to use, without charge, publicly available information published by such undertakings, in view of providing comparison tools.
Amendment 246 #
Proposal for a directive
Recital 240
Recital 240
(240) Independent comparison tools should be operationally independent from providers of publicly available electronic communications services. They can be operated by private undertakings, or by or on behalf of competent authorities, however they should be operated in accordance with specified quality criteria including the requirement to provide details of their owners, provide accurate and up-to-date information, state the time of the last update, set out clear, objective criteria on which the comparison will be based and include a broad range of offers on publicly available electronic communications services other than number-independentinternet access service and interpersonal communications services, covering a significant part of the market. Member States should be able to determine how often comparison tools are required to review and update the information they provide to end-users, taking into account the frequency with which providers of publicly available electronic communications services other than number-independentinternet access service and interpersonal communications services, generally update their tariff and quality information. Where there is only one tool in a Member State and that tool ceases to operate or ceases to comply with the quality criteria, the Member State should ensure that end-users have access within a reasonable time to another comparison tool at national level.
Amendment 255 #
Proposal for a directive
Recital 172
Recital 172
Amendment 268 #
Proposal for a directive
Recital 178
Recital 178
(178) Due to uncertainty regarding the rate of materialisation of demand for the provision of next-generation broadband services it is important in order to promote efficient investment and innovation to allow those operators investing in new or upgraded networks a certain degree of pricing flexibility. To prevent excessive prices in markets where there are operators designated as having significant market power, pricing flexibility should be accompanied by additional safeguards to protect competition and end-user interests, such as stricteffective non-discrimination obligations, measures to ensure technical and economic replicability of downstream products, and a demonstrable retail price constraint resulting from infrastructure competition or a price anchor stemming from other regulated access products, or both. To this end, it is important to ensure that any safeguard limiting pricing flexibility does not negatively impact investments in new or upgraded networks. This includes, inter alia, that price controls based on retail prices must not lead to a level of regulated wholesale prices that does not allow to recover the costs connected to the deployment and operating of new networks and thus to a situation where the investing operator is put in a worse position than non-investing access seekers. Those competitive safeguards do not prejudice the identification by national regulatory authorities of other circumstances under which it would be appropriate not to impose regulated access prices for certain wholesale inputs, such as where high price elasticity of end-user demand makes it unprofitable for the operator with significant market power to charge prices appreciably above the competitive level.
Amendment 269 #
Proposal for a directive
Recital 180
Recital 180
Amendment 270 #
Proposal for a directive
Recital 181
Recital 181
Amendment 271 #
Proposal for a directive
Recital 182
Recital 182
Amendment 272 #
Proposal for a directive
Recital 183
Recital 183
Amendment 277 #
Proposal for a directive
Recital 184
Recital 184
(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offerthe regulatory framework aims at promoting very high capacity deployment models which (a) provide significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure- based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment; and (b) take into account the different market characteristics and best practices for deployment of new network elements within Member States. Where an operator with significant market power makes an open call for co-investment or provides a wholesale offer including risk sharing, or establishes a joint venture with one or more undertakings competing on retail or wholesale level on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.
Amendment 298 #
Proposal for a directive
Recital 270
Recital 270
(270) Networks used for the distribution of radio or television broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-usconsumers with disabilities, such as videotext, subtitling, audio description and sign language. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of programme-related data supporting those functionalities can be included in must carry obligations.
Amendment 306 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'very high capacity network' means anhigh speed electronic communications network which either consists wholly or partly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performancewith sufficient capacity to allow unconstrained use of the network in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Amendment 307 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine- to-machine services and for broadcasting, but excludes interpersonal communication services as defined in paragraph (5) of the present Article, information society services, as defined in article 1 of Directive 98/34/EC, and services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
Amendment 312 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not includes services which enable interpersonal and interactive communication merely as a minoreven as an ancillary feature that is intrinsically linked to another service;
Amendment 343 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The provision of electronic communications networks or the provision of electronic communications services other than number-independent interpersonal communications services may, without prejudice to the specific obligations referred to in Article 13(2) or rights of use referred to in Articles 46 and 88, only be subject to a general authorisation.
Amendment 363 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall ensure that consumers have access to transparent, non- discriminatory, simple, fast, fair and inexpensive out-of-court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number-independent interpersonal communications services, arising under this Directive and relating to the contractual conditions and/or performance of contracts concerning the supply of those networks and/or services. Member States shall enable the competent national regulatory authority to act as a dispute settlement entity and shall ensure that the same dispute cannot be ruled on by two different competent authorities. Such procedures shall comply with the quality requirements set out in Chapter II of Directive 2013/11/EU. Member States may grant access to such procedures to other end-users, in particular micro and small enterprises.
Amendment 379 #
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of their networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.
Amendment 384 #
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 1
Article 40 – paragraph 3 – subparagraph 1
Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a breach of security that has had a significant impact on the operation of networks or services and thus a high impact on economic and societal activities.
Amendment 412 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of servicesInternet Access, number-based Interpersonal Communications Services and of electronic Communication Networks, , exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed. They shall ensure that interoperability obligations remain proportionate and do not hinder the innovation potential of ECS providers that invest in the development of new technologies.
Amendment 416 #
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point b
Article 59 – paragraph 1 – subparagraph 2 – point b
(b) in justified cases and to the extent that is necessary, obligations on those undertakings that are subject to general authorisation and that control access to end-users to make their serviceto make services that connect with the publicly switched telephone network by means of an assigned numbering resource or that enable communication with a number or numbers in national or international telephone numbering plans interoperable;
Amendment 432 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
1. Member States shall ensure that undertakings providing electronic communications networks and services associated facilities, or associated services provide all the information, including financial information, necessary for national regulatory authorities, other competent authorities and BEREC to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. In particular, national regulatory authorities shall have the power to require those undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. They may also require information on electronic communications networks and associated facilities which is disaggregated at local level and sufficiently detailed for the national regulatory authority to be able to conduct the geographical survey and to designate digital exclusion areas in accordance with Article 22. In accordance with Article 29, national regulatory authorities may sanction undertakings deliberately providing misleading, erroneous or incomplete informationin accordance with Article 22.
Amendment 447 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
Amendment 452 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a
Article 22 – paragraph 1 – subparagraph 2 – point a
a) a survey of the current geographic reach of broadband networks within their territory, in particular for conducting the tasks required by Articles 62 and 65 and by Article 81, as well as for imposing obligations in accordance with Article 66 and for the surveys required for the application of State aid rules; and
Amendment 453 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 1
Amendment 453 #
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.
Amendment 459 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
Article 22 – paragraph 1 – subparagraph 2 – point b – paragraph 2
Amendment 463 #
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Member States shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territory and which are necessary to take part in social inclusion. To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V.
Amendment 465 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 3
Article 22 – paragraph 1 – subparagraph 3
Amendment 470 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 475 #
Proposal for a directive
Article 80 – paragraph 4
Article 80 – paragraph 4
4. Member States may, in the light of national conditions, ensure that support is provided to low-income or special social needs end-users in view of ensuring affordability of functional internet access and voice communications services at least at a fixed location.
Amendment 476 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 479 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 490 #
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Member States shall ensure that local, regional and national authorities with responsibility for the allocation of public funds for the deployment of electronic communications networks, for the design of national broadband plans, for defining coverage obligations attached to rights of use for radio spectrum and for verifying availability of services falling within the universal service obligation in their territory take into account the results of the surveys and of the designated digital exclusion areas conducted in accordance with paragraphs 1, 2 and 3, and that national regulatory authorities supply such results subject to the receiving authority ensuring the same level of confidentiality and protection of business secrets as the originating authority. These results shall also be made available to BEREC and the Commission upon their request and under the same conditions. [...]
Amendment 494 #
Proposal for a directive
Article 22 – paragraph 7
Article 22 – paragraph 7
Amendment 515 #
Proposal for a directive
Article 88 – paragraph 1
Article 88 – paragraph 1
1. Where it is necessary to grant individual rights of use for numbers, national regulatory authorities shall grant such rights, upon request, to any undertaking for the provision of electronic communications networks or services covered by a general authorisation referred to in Article 12, subject to the provisions of Articles 13 and 21(1)(c) and any other rules ensuring the efficient use of those resources in accordance with this Directive. National regulatory authorities may also grant rights of use for numbers to undertakings other than providers of electronic communications networks or services in accordance with Article 87(2).
Amendment 516 #
Proposal for a directive
Article 88 – paragraph 6 – subparagraph 1
Article 88 – paragraph 6 – subparagraph 1
Where the right of use for numbers includes their extraterritorial use within the Union in accordance with Article 87(4), the national regulatory authority shall attach to the right of use specific conditions in order to ensure compliance with all the relevant national consumer protection rules and national laws related to the use of numbers applicable in the Member States where the numbers are used.
Amendment 517 #
Proposal for a directive
Article 88 – paragraph 6 – subparagraph 2
Article 88 – paragraph 6 – subparagraph 2
Upon request from a national regulatory authority of another Member State demonstrating a breach of relevant consumer protection rules or number- related national law of that Member State, the national regulatory authority of the Member State where the rights of use for the numbers have been granted, shall enforce the conditions attached under subparagraph 1 in accordance with Article 30, including in serious cases by withdrawing the right of extraterritorial use for the numbers granted to the undertaking concerned.
Amendment 523 #
Proposal for a directive
Article 92 – paragraph 1
Article 92 – paragraph 1
Amendment 524 #
Proposal for a directive
Article 92 – paragraph 1
Article 92 – paragraph 1
Providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or, place of residence or temporary location unless such differences are objectively justified.
Amendment 529 #
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
Amendment 542 #
Proposal for a directive
Article 95 – paragraph 1 – introductory part
Article 95 – paragraph 1 – introductory part
1. Before a consumer is bound by a contract or any corresponding offer, providers of publicly available electronic communications services other than number-independentinternet access services and publicly available interpersonal communications services, where applicable, shall provide the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, and the kind of remuneration. The contract specifies the following information in a clear and comprehensible manner:
Amendment 548 #
Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 2
Article 95 – paragraph 1 – point a – point i – indent 2
- for publicly available number- based interpersonal communications services, reflecting whether technical measures for quality assurance have been taken or not: at least the time for the initial connection, failure probability, call signalling delays in accordance with Annex IX of this Directive and
Amendment 551 #
Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 3
Article 95 – paragraph 1 – point a – point i – indent 3
- for services other than internet access services within the meaning of Article 3(5) of Regulation 2015/2120/EUconsisting in the conveyance of signals: the specific quality parameters assured,
Amendment 576 #
Proposal for a directive
Article 95 – paragraph 3
Article 95 – paragraph 3
Amendment 580 #
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – introductory part
Article 95 – paragraph 5 – subparagraph 1 – introductory part
Amendment 585 #
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 2
Article 95 – paragraph 5 – subparagraph 2
Providers subject to the obligations under paragraphs 1-4 shall duly complete this contract summary template with the required information and provide it to consumers, and micro and small enterprises, prior to the conclusion of the contract and for distance contracts without undue delay after contract conclusion including making it available by electronic means. The contract summary shall become an integral part of the contract.
Amendment 587 #
Proposal for a directive
Article 95 – paragraph 6
Article 95 – paragraph 6
6. Providers of internet access services and providers of publicly available number-based interpersonal communications services shall offer end- usconsumers the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption. This facility shall include access to timely information on the level of consumption of services included in a tariff plan.
Amendment 611 #
Proposal for a directive
Article 97 – paragraph 1
Article 97 – paragraph 1
Amendment 616 #
Proposal for a directive
Article 97 – paragraph 2 – subparagraph 1
Article 97 – paragraph 2 – subparagraph 1
Amendment 618 #
Proposal for a directive
Article 97 – paragraph 2 – subparagraph 2
Article 97 – paragraph 2 – subparagraph 2
Amendment 625 #
Proposal for a directive
Article 98 – paragraph 2
Article 98 – paragraph 2
2. Where a contract or national law provides for a fixed duration contract to be automatically prolonged, the Member State shall ensure that, after the expiration of the initial period and unless the consumer has explicitly agreed to the extension ofwhen concluding the contract, consumers are entitled to terminate the contract at any time with a one-month notice period and without incurring any costs except the cost of providing the service during the notice perioeffective by the end of the prolongation period with a one-month notice period. Providers shall inform the consumer in a prominent way and by the same means as those normally used in their communications with consumers about the end of the initial contract duration reasonably before the contract is automatically prolonged.
Amendment 631 #
Proposal for a directive
Article 98 – paragraph 3
Article 98 – paragraph 3
3. End-users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number-independent interpersonal communications services, unless the proposed changes are exclusively to the benefit ofnot detrimental for the end-user or they are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, at least one month in advance, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Member States shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end-user at the time of concluding by the same means as the provider ordinarily uses in its communications withe contractsumers.
Amendment 635 #
Proposal for a directive
Article 98 – paragraph 4
Article 98 – paragraph 4
4. Where an early termination of a contract on a publicly available electronic communications service by the end-user is possible in accordance with this Directive, other provisions of Union law or national law, no compensation shall be due by the end-user other than for the pro rata temporis value of subsidised equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such at the moment of the contract conclusion including price advantages granted only in case of commitment to longer term contract durations. Any restriction on the usage of terminal equipment on other networks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.
Amendment 656 #
Proposal for a directive
Article 100 – paragraph 1
Article 100 – paragraph 1
1. If a bundle of services or a bundle of services and goodsterminal equipment offered to an end- user comprises at least a publicly available electronic communications service other than number-independent interpersonal communicationn internet access services, Articles 95, 96 (1), 98 and 99 (1)8 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end- user.
Amendment 662 #
Proposal for a directive
Article 100 – paragraph 2
Article 100 – paragraph 2
2. Any subscription to additional services or goodsterminal equipment provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communicationan internet access services shall not re-start the contract periodextend the term of the initial contract unless the additional services or goods are offered at a special promotional price available only onexplicitly agreed otherwise when subscribing to the conaddition that the existing contract period is re-startedal services or terminal equipment.
Amendment 663 #
Proposal for a directive
Article 100 – paragraph 2
Article 100 – paragraph 2
(2) Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-startedprovider and the consumer have agreed otherwise in accordance with existing law.
Amendment 673 #
Proposal for a directive
Article 102 – paragraph 1
Article 102 – paragraph 1
1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, where available, are able to accesscall the emergency voice services through emergency voice communications free of charge and without having to use any means of payment, by using the single European emergency number ‘'112’' and any national emergency number specified by Member States.
Amendment 677 #
Proposal for a directive
Article 102 – paragraph 2
Article 102 – paragraph 2
2. Member States, in consultation with national regulatory authorities and emergency services and providers of electronic communications services, shall conduct all necessary preparations and ensure that undertakings providing end- users with publicly available number- based interpersonal communications service provide access to voice emergency services through emergency voice communications to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency voice services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c).
Amendment 686 #
Proposal for a directive
Article 102 – paragraph 3
Article 102 – paragraph 3
3. Member States shall ensure that all emergency communicationvoice calls to the single European emergency number ‘'112’' are appropriately answered and handled in the manner best suited to the national organisation of emergency systems. Such emergency communicationcalls shall be answered and handled at least as expeditiously and effectively as emergency communicationcalls to the national emergency number or numbers, where these continue to be in use.
Amendment 695 #
Proposal for a directive
Article 102 – paragraph 4
Article 102 – paragraph 4
4. Member States shall ensure that access for disabled end-users to emergency services is available through emergency communicationcalls and is equivalent to that enjoyed by other end- users. Measures taken to ensure that disabled end-users are able to access emergency services through emergency communications whilst travelling in other Member States shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 39, and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article.
Amendment 706 #
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information is available to the most appropriate PSAP without delay after the emergency communicationcall is set up. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end- user and to the authority handling the emergency communication with regard to all emergency communicationcall with regard to all calls to the single European emergency number ‘'112’'. Member States may extend that obligation to cover emergency communicationcalls to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.
Amendment 713 #
Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1
Article 102 – paragraph 7 – subparagraph 1
In order to ensure effective access to voice emergency services through emergency communicationcalls to ‘'112’' services in the Member States, the Commission, shall be empowered to adopt delegated acts in accordance with Article 109 on the measures necessary to ensure the compatibility, interoperability, quality, reliability and continuity of voice emergency communications in the Union with regard to caller location solutions, access for disabled end-users and routing to the most appropriate PSAP.
Amendment 752 #
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 channels and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guideof general interest, which have a specifically high importance for the individual and public formation of opinions, and accessibility services to enable appropriate access for disabled consumers, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels 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 channels. 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.
Amendment 762 #
Proposal for a directive
Article 108 – paragraph 1
Article 108 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 109 concerning the adaptations of Annexes V, VI, VIII, IX, and X in order to take account of technological and social developments or changes in market demand The Commission shall ensure that relevant stakeholders are consulted prior to the adoption of delegated acts.
Amendment 785 #
Proposal for a directive
Article 59 – paragraph 3
Article 59 – paragraph 3
Amendment 789 #
Proposal for a directive
Article 59 – paragraph 4
Article 59 – paragraph 4
4. Obligations and conditions imposed in accordance with paragraph 1,2 and 32 shall be objective, transparent, proportionate and non-discriminatory, they shall be implemented in accordance with the procedures referred to in Articles 236, 732 and 33. National regulatory authorities shall assess the results of such obligations and conditions within five years from the adoption of the previous measure adopted in relation to the same operators and whether it would be appropriate to withdraw or amend them in the light of evolving conditions. National regulatory authorities shall notify the outcome of their assessment in accordance with the same procedures.7a33of Directive 2002/21/EC (Framework Directive)
Amendment 816 #
Proposal for a directive
Article 65 – paragraph 2 – introductory part
Article 65 – paragraph 2 – introductory part
2. Where a national regulatory authority conducts the analysis required by paragraph 1, it shall consider developments from a forward-looking perspective in the absence of regulation imposed on the basis of this Article in that relevant market, and taking into accoundetermine that a market is such as to justify the imposition of regulatory obligations pursuant to paragraph 1 when the following criteria are cumulatively met:
Amendment 825 #
Proposal for a directive
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
(a) the existabsence of market developments which may increaste the likelihood of the relevant market tending towards effective competition, such as those commercial co- investment or access agreements between operators which benefit competitive dynamics sustainably;
Amendment 833 #
Proposal for a directive
Article 65 – paragraph 2 – point b
Article 65 – paragraph 2 – point b
(b) allbsence of significant relevant competitive constraints, including at retail 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 836 #
Proposal for a directive
Article 65 – paragraph 2 – point c
Article 65 – paragraph 2 – point c
(c) other types of regulation or measures imposed and affecting the relevant market or related retail market or markets throughout the relevant period, including, without limitation, obligations imposed in accordance with Articles 44, 58 and 59 are insufficient to adequately address the identified market failure(s); and
Amendment 839 #
Proposal for a directive
Article 65 – paragraph 2 – point d
Article 65 – paragraph 2 – point d
(d) regulation imposed on other relevant markets on the basis of this Article is insufficient to adequately address the identified market failure(s).
Amendment 841 #
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 any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61. The national regulatory authority shall impose on such undertakings appropriate specific regulatory obligations in accordance with Article 66 or maintain or amend such obligations where they already exist if it considers thatthe following criteria are cumulatively met: (a) one or more retail markets would not be effectively competitive in the absence of those obligations; and (b) there are no obligations imposed in other wholesale markets, which address the identified competition problem in the retail market in question.
Amendment 849 #
Proposal for a directive
Article 65 – paragraph 6 a (new)
Article 65 – paragraph 6 a (new)
6 a. Where, on a forward-looking basis, three access network operators are present or are expected to be present and to sustainably compete in the same retail market, national regulatory authorities shall not identify an operator as having significant market power.
Amendment 859 #
Proposal for a directive
Article 66 – paragraph 6
Article 66 – paragraph 6
6. National regulatory authorities shall consider the impact of new or planned market developments which are reasonably likely to affect competitive dynamics, such as in relation to commercial agreements, including without limitation co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics and/or undertakings absent from any retail market for electronic communications services. National regulatory authorities shall do so: (a) on their own initiative, taking account of the need for predictable market conditions, or (b) on a reasoned request. If these developments are not sufficiently important in order to determine the need to undertakrequire a new market analysis in accordance with Article 65, the national regulatory authority shall assess without delay whether it is necessary to review the obligations imposedand amend any previous decision, including by withdrawing obligations or imposing new obligations on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendmentrequirements of this Directive, or whether to decide that no, fewer or less onerous obligations shall be imposed with respect to a planned development. Such decisions shall only be imposedmade following consultation in accordance with Articles 23 and 32.
Amendment 872 #
Proposal for a directive
Article 70
Article 70
Amendment 901 #
Proposal for a directive
Article 70 a (new)
Article 70 a (new)
Article 70 a Access obligations beyond civil engineering In geographic areas where two access networks can be expected on a forward- looking basis and where at least one of the network operators offers wholesale access to any interested undertaking, on reasonable commercial terms permitting sustainable competition on the retail market, national regulatory authorities shall not impose or maintain wholesale access obligations, beyond access to civil infrastructure according to Article 3 of Directive 2014/61/EU.
Amendment 906 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1
Article 71 – paragraph 1 – subparagraph 1
Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 703 of Directive 2014/61/EU would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where this is not to the detriment of innovative developments such as very high capacity networks and software emulated networks, and where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, and would not be in the end-user's interest.
Amendment 913 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – introductory part
Article 71 – paragraph 1 – subparagraph 2 – introductory part
Operators may be required inter alia:
Amendment 918 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a
Article 71 – paragraph 1 – subparagraph 2 – point a
(a) to give third parties access to specified network elements and/or facilities,at a single network layer that best addresses the problem identified at retail level as appropriate including access to network elements which are either not active (or physical) and/or active (or virtual unbundled) access to the local loop;
Amendment 931 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point d
Article 71 – paragraph 1 – subparagraph 2 – point d
(d) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;
Amendment 934 #
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point f
Article 71 – paragraph 1 – subparagraph 2 – point f
(f) to provide specified services needed to ensure interoperability of end-to- end services to users, including facilities for software emulated networks or roaming on mobile networks;
Amendment 960 #
Proposal for a directive
Article 71 – paragraph 2 – point e
Article 71 – paragraph 2 – point e
(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition and to sustainable competition such as those based on co- investment in networks and other innovative commercial business models;
Amendment 971 #
Proposal for a directive
Article 71 – paragraph 2 a (new)
Article 71 – paragraph 2 a (new)
2 a. In order to account for the long- term interest of end-users, national regulatory authorities should focus more on facilitating network investments by all operators. Regulation should not be to the detriment of innovative developments, in particular very high capacity networks, software defined networks and network function virtualisation. Only where strictly necessary to safeguard competition and where no alternative access possibilities, including access based on commercial agreements, exist, regulated access should be maintained in an appropriate and balanced manner, i.e. at a single network layer. Regulated access at multiple network layers has led to unnecessarily high complexity with regard to the consistency of regulated wholesale products at different network layers and unduly restricts flexibility and commercial freedom in the dynamic telecoms market environment. Limiting access to a single network layer that best addresses the problem identified at the retail level will significantly reduce regulatory costs and the potential for regulatory gaming by market players, leading to more efficient and appropriate outcomes. In this regard, national regulatory authorities should assess whether active or passive access is more appropriate in consideration of national or local circumstances. As unbundling is detrimental to network investments by allowing 'cream-skimming' of the most profitable customers at average cost, there should no longer be an obligation to provide unbundled access, which undermines investment models based on product and price differentiation.
Amendment 973 #
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 1
Article 72 – paragraph 1 – subparagraph 1
A national regulatory authority may, in accordance with the provisions of Article 66, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned may sustain prices at an excessively . A national regulatory authority may only impose price controls that ensure fair and reasonable prices and do not negatively impact investments. When applied, a price control shall meet the following cumulative conditions: (a) the price control ensures recovery of all investments connected to the deployment of new networks and fully incorporates the risks associated with these investments; (b) the price control does not lead to a situation where the investing operator is put at a disadvantage compared to non- investing operators or lead to a situation under whigch level, or may apply a price squeeze, to the detriment of end- usan investment would not have been made in the first place; (c) the price control avoids undue profit margins for access seekers to the detriment of the investing operator and appropriately reflects differences in the risks taken by different access seekers.
Amendment 978 #
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2
Article 72 – paragraph 1 – subparagraph 2
In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to investment in, the deployment of and take-up of next-generation networks, and in particular of very high capacity networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.
Amendment 982 #
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 3
Article 72 – paragraph 1 – subparagraph 3
National regulatory authorities shall not impose or maintain obligations pursuant to this Article, either for new network elements in case a network roll-out contributes to the availability of very-high capacity networks or where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective and non discriminatoryion of access.
Amendment 983 #
Proposal for a directive
Article 72 – paragraph 3
Article 72 – paragraph 3
Amendment 985 #
Proposal for a directive
Article 73
Article 73
Amendment 1012 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a
Article 74 – paragraph 1 – subparagraph 1 – point a
(a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;
Amendment 1020 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a – point i (new)
Article 74 – paragraph 1 – subparagraph 1 – point a – point i (new)
i) is conducted by a joint venture established by two or more undertakings with shared ownership, and one or more undertaking participating in the joint venture provides wholesale access or competes on retail level; or
Amendment 1021 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a – point ii (new)
Article 74 – paragraph 1 – subparagraph 1 – point a – point ii (new)
ii) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or
Amendment 1022 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a – point iii (new)
Article 74 – paragraph 1 – subparagraph 1 – point a – point iii (new)
iii) is conducted by a single undertaking that provides a wholesale offer on terms which, similar to conditions for co-investment in subparagraph ii), favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;
Amendment 1028 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point c
Article 74 – paragraph 1 – subparagraph 1 – point c
(c) access seekers not participating in the co-investmentone of the deployment models listed in point (a) can benefit from the same quality, speed, conditions and end- user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;
Amendment 1035 #
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2
Article 74 – paragraph 1 – subparagraph 2
When assessing co-investment offers and processes referred to in point (a) of the first subparagraphdeployment models listed in subparagraphs (ii) and (iii) of point (a), national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.
Amendment 1113 #
Proposal for a directive
Annex IV – paragraph 1 – introductory part
Annex IV – paragraph 1 – introductory part
When assessing aoffers for co-investment offerr wholesale access pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met:
Amendment 1122 #
Proposal for a directive
Annex IV – paragraph 1 – point b – indent 2
Annex IV – paragraph 1 – point b – indent 2
- full detailed terms must be made available without undue delay to any potential bidder that has expressed an interest, including the legal form of the co- investment or wholesale access agreement and - when relevant - the heads of term of the governance rules of the co-investment vehicle; and
Amendment 1124 #
Proposal for a directive
Annex IV – paragraph 1 – point b – indent 3
Annex IV – paragraph 1 – point b – indent 3
- The process, like the road map for the establishment and development of the co-investment projectdeployment models pursuant to subparagraphs (ii) and (iii) of Article 74 (1) (a) of the new network elements must be set in advance, it must clearly explained in writing to any potential co-investor and access seeker, and all significant milestones be clearly communicated to all undertakings without any discrimination.
Amendment 1126 #
Proposal for a directive
Annex IV – paragraph 1 – point c – introductory part
Annex IV – paragraph 1 – point c – introductory part
(c) The co-investment offer shall include terms to potential co-investors and access seekers which favour sustainable competition in the long term, in particular:
Amendment 1129 #
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 1
Annex IV – paragraph 1 – point c – indent 1
- All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment or wholesale access agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of the protection awarded to the co-investors and access seekers by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-investnewly deployed network elements and in terms of the conditions for joining and potentially terminating the co-investment agreementor wholesale access agreement. Fair, reasonable and non-discriminatory terms shall ensure cost recovery and take into account the risks associated to the investments by the operator. Non-discriminatory terms in this context do not entail that all potential co-investors or access seekers must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.
Amendment 1132 #
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 2
Annex IV – paragraph 1 – point c – indent 2
- – The offer must allow flexibility in terms of the value and timing of the commitment provided by each co-investor or wholesale access provider, for example by means of an agreed and potentially increasing percentage of the total end user lines in a given area, to which co-investors or access seekers have the possibility to commit gradually and which shall be set at a unit level enabling smaller co-investors to gradually increase their participation while ensuring adequate levels of initial commitment. The determination of the financial consideration to be provided by each co- investor or access seeker needs to reflect the fact that early investors accept greater risks and engage capital sooner.
Amendment 1134 #
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 3
Annex IV – paragraph 1 – point c – indent 3
- A premium increasing over time has to be considered as justified for commitments made at later stages and for new co-investors entering the co- investmentor access seekers entering after the commencement of the project, to reflect diminishing risks and to counteract any incentive to withhold capital in the earlier stages.
Amendment 1135 #
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 3 a (new)
Annex IV – paragraph 1 – point c – indent 3 a (new)
- Terms and conditions reflecting utilization risks stemming from e.g. low take-up rates compared to overall coverage have to be considered as justified.
Amendment 1137 #
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 4
Annex IV – paragraph 1 – point c – indent 4
- – The co-investment or wholesale access agreements hasve to allow the assignment of acquired rights by co-investors to other co- investors, access seekers or to third parties willing to enter into the co- investment or wholesale access agreement subject to the transferee undertaking being obliged to fulfil all original obligations of the transferor under the co-investment or wholesale access agreement.
Amendment 1139 #
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 5
Annex IV – paragraph 1 – point c – indent 5
- Co-investors have to grant each other reciprocal rights on fair and reasonable terms and conditions to access the co-invested infrastructure for the purposes of providing services downstream, including to end-users, according to transparent conditions which have to be made transparent in the co- investment offer and subsequent agreement, in particular where co-investors are individually and separately responsible for the deployment of specific parts of the network. If a co-investment vehicle is created, it has to provide access to the network to all co-investors, whether directly or indirectly, on an equivalence of inoutputs basis and according to fair and reasonable terms and conditions, including financial conditions that reflect the different levels of risk accepted by the individual co-investors.
Amendment 1140 #
Proposal for a directive
Annex IV – paragraph 1 – point d
Annex IV – paragraph 1 – point d