33 Amendments of Constanze KREHL related to 2016/0286(COD)
Amendment 178 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The BEREC final guidelines on the Implementation by NRAs of European Net Neutrality Rules have been highly welcomed as valuable clarifications to guarantee a strong free and open internet by ensuring a consistent application of the rules to safeguard equal and non- discriminatory treatment of traffic in the provision of internet access services and related end-users rights.
Amendment 183 #
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 byspecifically asked the Commission to 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.
Amendment 186 #
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, for instance in the area of wholesale access products, where BEREC has not provided sufficient guidelines, which is affecting companies doing cross- border business. 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 provision 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 spectrum.
Amendment 195 #
Proposal for a regulation
Recital 10
Recital 10
(10) BEREC, as a technical body with expertise on electronic communications and composed of representatives from NRAs and the Commission, is best placed to be entrusted with tasks such as deciding on certain issues with a cross-border dimension, contributing to efficient internal market procedures for draft national measures (both as regards market regulation and assignments of rights of use for radio spectrum), providing the necessary guidelines to NRAs in order to ensure common criteria and a consistent regulatory approach, and keeping certain registries at Union level. This is without prejudice to the tasks established for NRAs, which are closest to the electronic communications markets and their local conditions. In order to carry out its taskadditional tasks, and given the increased weight of content-related tasks vis-à-vis purely administrative ones, the agency would require adequate financial and human resources and would also continue the pooling of expertise from NRAs.
Amendment 205 #
Proposal for a regulation
Recital 12
Recital 12
(12) Compared to the situation in the past where both a Board of Regulators and a Management Committee were running in parallel, having a single board giving general orientations for the activities of BEREC, deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency, coherence and performance of the agency. To this end, the Management Board should carry out the relevant functions and should consist, in addition of twoone representatives of the Commission, of the Head, or otherwise a member of the collegiate body, of each NRA, who are protected by dismissal requirements.
Amendment 215 #
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 drawn up by the Commission 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 219 #
Proposal for a regulation
Recital 17
Recital 17
(17) Experience has shown that most of BEREC’s tasks are better carried out through working groups, therefore the Management Board should be in charge of setting up working groups and appointing their members. In order to ensure a balanced approach, and the equal consideration of all NRAs' views and contributions the working groups should be coordinated and moderated by members of the BEREC staff. Lists of qualified experts should be prepared in advance to ensure a quick set-up of certain working groups, in particular those related to internal market procedures for draft national measures on market regulation and on assignments of rights of use for radio spectrum, due to the time limits of those procedures.
Amendment 225 #
Proposal for a regulation
Recital 18
Recital 18
(18) As BEREC is competent for taking decisions with a binding effect, it is necessary to ensure that any natural or legal person subject to, or concerned by, a decision of BEREC has the right of appeal to a Board of Appeal, which is part of the agency but independent from its administrative and regulatory structure. As the decisions issued by the Board of Appeal are intended to produce legal effects towards third parties, an action for review of their legality may be brought to the General Court. In order to ensure uniform conditions as regards the rules of procedure of the Board of Appeal, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council33 . _________________ 33 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 283 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. In so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks, BEREC mayshall cooperate with competent Union bodies, agencies, offices and advisory groups, with competent authorities of third countries and/or with international organisations, in accordance to Article 26.
Amendment 285 #
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. BEREC shall carry out its tasks independently and impartially, without undue delay and ensuring a transparent decision-making process. BEREC shall also ensure that the public and interested parties are given objective, reliable and easily accessible information regarding all stages of BEREC's work process.
Amendment 287 #
Proposal for a regulation
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4b. Before adopting decisions, reports or other types of public deliverables, BEREC shall consult interested parties and give them the opportunity to comment within a reasonable period determined by the complexity of the matter and not shorter than 30 days. Without prejudice to Article 28, the results of the consultation procedure shall be published by BEREC.
Amendment 288 #
Proposal for a regulation
Article 2 – paragraph 4 c (new)
Article 2 – paragraph 4 c (new)
4c. Without prejudice to Articles 21 and following, BEREC shall make use of the expertise available in the NRAs and shall carry out its tasks in cooperation with the NRAs and the Commission. BEREC shall promote cooperation between all NRAs, as well as between NRAs and the Commission.
Amendment 306 #
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 309 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Members of the management Board shall act on objective grounds, in the interest of the Union and towards reducing market fragmentation aiming at the creation of a the single market for telecommunications.
Amendment 311 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The Management Board shall be responsible for fulfilling BEREC's tasks as set out in Article 2, and shall do so by taking all necessary decisions and by providing guidance to the Executive Director. In doing so, it shall also rely on the work carried out by the working groups. The Management Board shall:
Amendment 322 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Without prejudice to the powers of the Management Board, the Chairperson and the Deputy Chairperson shall be independent in the performance of their duties and shall not take instructions from any institution, government, NRA, person or body.
Amendment 323 #
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3b. The Chairperson shall report to the European Parliament on the performance of BEREC when invited to do so.
Amendment 337 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Executive Director shall manage BERECbe in charge of the management of the agency and shall assist in preparing the work of the Management Board. The Executive Director shall be accountable to the Management Board.
Amendment 341 #
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 norot take instructions from any institution, government, institutionNRA, person or body.
Amendment 344 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Executive Director shall report to the European Parliament and the Council on the performance of his/her dutiesBEREC when invited to do so. The Council may invite the Executive Director to report on the performance of his/her duties.
Amendment 350 #
5. The Executive Director shall be responsible for the implementation of BEREC’s tasks following the guidance provided by the Management Board. In particular, the Executive Director shall be responsible for:
Amendment 370 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. BEREC shall provide both administrative and content-related support to the working groups.
Amendment 372 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Management Board shall appoint the Chairperson, the other members and their alternates from a list of qualified candidates establishproposed by the Commissionhairperson of the Management Board.
Amendment 373 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. On the proposal of BEREC, the CommissionThe Management Board shall establish the rules of procedure of the Board of Appeal, after having consulted the Management Board and in accordance with the procedure referred to in Article 36(2).
Amendment 395 #
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 Commissihairperson, following an open and transparent selection procedure.
Amendment 397 #
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 3
Article 22 – paragraph 2 – subparagraph 3
Before appointment, the candidate selected by the Management Board may be invited toshall make a statement before the competent committee of the European Parliament and to answer questions put by its members.
Amendment 399 #
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 Commissihairperson shall undertake an assessment that takes into account an evaluation of the Executive Director’s performance and BEREC’s future tasks and challenges.
Amendment 401 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Management Board, acting on a proposal from the Commissihairperson that takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once, for no more than five years.
Amendment 405 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission.
Amendment 410 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. BEREC shall be legally represented by the Executive Director.
Amendment 428 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
Amendment 429 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 430 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3