1 Amendments of Susana SOLÍS PÉREZ related to 2023/0046(COD)
Amendment 256 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Physical infrastructure which is already subject to access obligations imposed by national regulatory authorities pursuant to Directive (EU) 2018/1972 or resulting from the application of Union State aid rules shall not be subject to the obligations set out in paragraphs 2, 3 and 4, for as long as such access obligations are in place. Therefore, the symmetric access obligation pursuant to the GIA regulation should be taken into account by NRAs, among other factors, as a starting point for considering whether to impose the ex- ante SMP regulation. In case GIA consideration might not suffice to address infrastructure market situation, NRAs should duly justify this assessment.