BETA

Activities of Herbert REUL related to 2007/0247(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2007/0247(COD)

Amendments (61)

Proposal for a directive – amending act
Recital 1 a (new)

(1a) The sector-specific ex-ante regulation enshrined in the directives serves the transition from former monopolies to a competitive market for electronic communications networks and services. As soon as markets are competitive, ex-ante regulation should be discontinued and only Community and national competition law should apply. With growing competitive dynamics on European electronic communications markets the potential benefits of sector- specific ex-ante price and access regulation decrease significantly over time. The markets for electronic communications have shown strong competitive dynamics in recent years and competition is most likely to increase even further in the coming years. To ensure a timely transition to the sole application of Community and national competition law, the provisions of this of this directive on sector-specific ex-ante regulation should expire on a defined date, unless the Commission demonstrates that continued ex-ante regulation will still be warranted after that date.

2008/05/28
Committee: ITRE

Proposal for a directive – amending act
Recital 4 a (new)

(4a) In order to achieve the goals of the Lisbon agenda and to boost investment in next-generation access networks (NGA networks) for the benefit of European consumers and the international competitiveness of European industry, a new regulatory framework for access to NGA networks is necessary. The goal of this new legal framework is to provide incentives for investment in NGA networks, while supporting competition by granting access to those networks where infrastructure competition is not feasible. Due to the fact that market power in emerging markets is difficult to pin down, the regulatory framework for NGA- network access laid down in Article 12(3) and Article 13(4) and (6) focuses on access to new infrastructure and not on significant market power in downstream markets. This concept reflects the dynamic development of the market and market entry opportunities in the field of electronic communications networks. Thus the regulatory framework for NGA network access has also to introduce dynamic elements and has to promote market developments by giving the right incentives for all market players to innovate and to invest in new access networks and in new downstream markets.

2008/05/28
Committee: ITRE

Proposal for a directive – amending act
Recital 16

(16) Radio frequencies are the property of Member States. They should be considered a scarce public resource, which has an important public and ~~market~~economic value. It is in the public interest that spectrum is managed as efficiently and effectively as possible from an social, cultural, economic~~, social~~ and environmental perspective and that obstacles to its efficient use are ~~progressive~~gradually withdrawn.

2008/05/28
Committee: ITRE

Recital 22

(22) TIn applying the spectrum management provisions of this Directive ~~should be consistent with the~~ Member States should act in compliance with the legal framework of international and regional organisations dealing with radio spectrum management, such as the International Telecommunications Union (ITU) and the European Conference of Postal and Telecommunications Administrations (CEPT), so as to ensure the efficient management of and, where appropriate, harmonisation of the use of spectrum across the Community and globally.

2009/03/16
Committee: ITRE

Recital 28

(28) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. ~~Exceptions should be allowed to the principle of service neutrality~~On the other hand, measures should be allowed which require the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of the inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include the promotion of cultural and linguistic diversity and media pluralism as defined by Member States in conformity with Community law. Except where necessary to protect safety of life or, exceptionally, to fulfil other general interest objectives, ~~exception~~measures should not result in certain services having exclusive use, but should rather grant them priority so that, insofar as possible, other services or technologies may coexist in the same band.

2009/03/16
Committee: ITRE

Recital 60

(60) In particular, the Commission should be empowered to adopt Recommendations and/or implementing measures in relation to ~~the notifications under Article 7 of the Framework Directive; harmonisation in the fields~~harmonisation in the fields of numbering and of general authorisations for the use of spectrum and ~~numbering~~ as well as in matters related to security of networks and services; the identification of the relevant product and service markets; the identification of trans-national markets; the implementation of standards and the harmonised application of the provisions of the regulatory framework. Power should also be conferred on the Commission to adopt implementing measures to update Annexes I and II to the Access Directive to market and technological developments. Since those measures are of general scope and are designed to amend non-essential elements of these Directives, inter alia by supplementing them with new non- essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

2009/03/16
Committee: ITRE

Article 1 – point 9

Directive 2002/21/EC
Article 8a

Strategic planning and coordination of radio spectrum policy ~~in the European Union~~ 1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the European ~~Union~~Community. To this end, they shall take into consideration, inter alia, the economic, safety, health, public interest, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference. 2. By cooperating with each other and with the Commission, Member States shall promote the coordination of radio spectrum policy approaches in the European ~~Union~~Community and, where appropriate, harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market in electronic communications. 3. ~~Member States shall promot~~Where necessary to ensure the effective coordination of the EU interests of the European Community in international organisations competent in radio spectrum matters~~. Whenever necessary for promoting this effective coordination~~, the Commission, taking utmost account of the opinion of the Radio Spectrum Policy Group (RSPG) ~~established by Commission Decision 622/2002/EC of 26 July 2002 establishing a Radio Spectrum Policy Group~~, may propose common policy objectives to the European Parliament and the Council. 4. The Commission, taking utmost account of the opinion of the RSPGC, may submit legislative proposals to the European Parliament and the Council for establishing multiannual radio spectrum policy programmes. Such programmes shall set out the policy orientations and objectives for the strategic planning, coordination and harmonisation of the use of radio spectrum in the Community in accordance with the provisions of this Directive and the Specific Directives.

2009/03/16
Committee: ITRE

Article 1 – point 11

Directive 2002/21/EC
Article 9b – paragraph 2 a (new)

2a. The Commission may adopt appropriate implementing measures to identify the bands for which usage rights may be transferred or leased between undertakings. These measures shall not cover frequencies which are used for broadcasting. These technical implementing measures, designed to amend non-essential elements of this Directive by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22 (3).

2009/03/16
Committee: ITRE

Herbert REUL, Werner LANGEN

Article 1 – point 16

Directive 2002/21/EC
Article 14 – paragraph 3

3. Where an undertaking has significant market power on a specific market (the first market), it may also be deemed to have significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in ~~one~~the first market to be leveraged into the ~~other~~second market, thereby strengthening the market power of the undertaking. Consequently, remedies ~~aimed at preventing such leverage~~ may be applied in the ~~linke~~second market pursuant to Articles ~~9, 10, 11 and~~8 to 13 of Directive 2002/19/21EC (Access dDirective)~~, and where such remedies prove to be insufficient, remedies pursuant to Article 17 of Directive 2002/22/EC (Universal Service Directive) may be imposed~~ or Article 17 of Directive 2002/22/EC (Universal Service Directive) where remedies in the first market prove to be insufficient to prevent such leverage.

2009/03/16
Committee: ITRE

Article 3 – point 1

Directive 2002/20/EC
Article 3 – paragraph 2

2. The following definitions shall also apply: "general authorisation" means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive; "pan-European wireless electronic communications network or service" means a wireless electronic communications network or service available in a majority of Member States.

2009/03/16
Committee: ITRE

Article 3 – point 3 a (new)

Directive 2002/20/EC
Article 6 a (new)

(3a) Article 6a shall be inserted: “Article 6a Harmonisation measures 1. Without prejudice to Article 5(1) and(2) of this Directive and Article 9 of Directive 2002/21/EC (Framework Directive), the Commission may adopt implementing measures: (a) to identify radio frequency bands, the use of which is to be made subject to general authorisation; (b) to harmonise procedures for the granting of general authorisations for numbers to undertakings providing pan- European electronic communications networks or services; (c) to harmonise the conditions specified in Annex II relating to the granting to undertakings providing pan- European electronic communications networks or services of general authorisations. These measures, designed to amend nonessential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22 (3) of Directive 2002/21/EC Framework Directive). 2. The measures referred to in paragraph1 may, where appropriate, provide for the possibility for the Member States to make a reasoned request for a partial exemption and/or a temporary derogation from those measures. The Commission shall assess the justification for the request, taking into account the specific situation in the Member State, and may grant a partial exemption or temporary derogation or both provided this does not unduly defer the implementation of the implementing measures referred to in paragraph 1 or create undue differences in the competitive or regulatory situations between Member States.”

2009/03/16
Committee: ITRE

Proposal for a directive – amending act
Recital 47 a (new)

(47a) Where it is necessary to adopt harmonisation measures for the implementation of the Community’s electronic communications and spectrum policy which go beyond technical implementing measures, the Commission shall submit a legislative proposal to the European Parliament and the Council.

2008/05/28
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 6

Directive 2002/21/EC
Article 7 – paragraph 4 – point c

c) imposing, amending or withdrawing an obligation on an operator in application of Article 16 in conjunction with Articles 5 and 9 to 13 of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive),deleted

2008/05/30
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 6

Directive 2002/21/EC
Article 7 – paragraph 8

8. Where a draft measure has been amended in accordance with paragraph 6, the Commission may take a decision, requiring the national regulatory authority to impose a specific obligation under Articles 9 to 13a of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive) within a given time-limit. In so doing, the Commission shall pursue the same policy objectives as set out for national regulatory authorities in Article 8. The Commission shall take the utmost account of the opinion of the Authority submitted in accordance with Article 6 of Regulation […./EC], in particular in elaborating the details of the obligation(s) to be imposed.deleted

2008/05/30
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 7

Directive 2002/21/EC
Article 7a - paragraph 1

1. The Commission may lay down implementing provisions in relation to Article 7 that define the form~~, content and level of details~~ and content to be given in the notifications required in accordance with Article 7(3), the circumstances in which notifications would not be required, and the calculation of the time limits.

2008/05/30
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 7

Directive 2002/21/EC
Article 7a - paragraph 2

2. The measures referred to in paragraph 1, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).deleted

2008/05/30
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 8 – point b

Directives 2002/21/EC
Article 8 – paragraph 2 – point b

b) ensuring that there is no distortion or restriction of competition in the electronic communications sector~~, in particular for the delivery of content~~;

2008/05/30
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 8 – point e a (new)

Directives 2002/21/EC
Article 8 – paragraph 4a (new)

(ea) In Article 8 the following paragraph 4a is added: ‘(4a) To meet with the political objectives set out in Articles 2, 3 and 4, the national regulatory authorities must make it their task to create a regulatory environment for investments in an access network infrastructure; such an environment must meet at least the criteria of: (a) creating legal certainty for the period needed to ensure the profitability of investments; (b) achieving the maximum geographical extent for platform-based competition; (c) permitting competitive advantages to be achieved by accelerated geographical expansion, with a view to creating incentives to network development. (d) attracting capital from the financial markets for the high initial investments in new access networks; (e) permitting voluntary agreements on investment and risk-sharing between operators of new access networks; (f) taking account of the long-term conditions for the profitability of investments in new infrastructure, and promoting the maximum flexibility of prices to end-users for services supplied via new infrastructure;’

2008/05/30
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 8 a (new)

Directive 2002/21/EC
Article 8a (new)

(8a) The following Article is inserted: "Article 8a Coordination of radio spectrum polices in the Community 1. Member States shall cooperate with each other and the Commission in the strategic planning and harmonisation of the use of radio frequencies in the Community. They shall ensure coherence of spectrum policy approaches with other national or EU-policies, such as media policy. 2. Member States shall ensure the coordination of policy approaches and, where appropriate, harmonised conditions with regard to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market and in accordance with economic, political, cultural, health and social considerations linked to the use of radio spectrum. 3. Member States shall ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies in the Community. 4. Member States shall ensure the effective coordination of Community interests in international organisations where radio spectrum use affects Community policies. 5. A Radio Spectrum Policy Committee (RSPC) is hereby created in order to contribute to the fulfilment of the objectives set out in paragraphs 1 to 4. The RSPC shall provide advice to the European Parliament, the Council and the Commission on radio spectrum policy issues. The RSPC shall be composed of one high-level representative from each national regulatory authority responsible for radio spectrum policy and one high- level representative from each independent regulatory authority responsible for media regulation in each Member State. The Commission shall be a non-voting Member. 6. At the request of the European Parliament, the Council or the Commission or on its own initiative, the RSPC, acting on a qualified majority, shall adopt opinions. Each Member State shall have one vote and the Commission shall not vote. 7. The Commission, taking utmost account of the opinion of the RSPC, shall formulate every three years common policy objectives and issue non-binding guidelines for the development of Community spectrum policy. 8. The Commission may, taking utmost account of the opinion of the RSPC, propose legislative measures to fulfil common policy objectives as defined in paragraph 7. 9. Whenever necessary for ensuring the effective coordination of Community interests in international organisations, the Commission may, with the agreement of the RSPC, propose to the European Parliament and the Council a negotiation mandate. 10. The RSPC shall submit an annual activity report to the European Parliament and to the Council."

2008/05/30
Committee: ITRE

Erna HENNICOT-SCHOEPGES, Šarūnas BIRUTIS, Rebecca HARMS, Dominique VLASTO, Ruth HIERONYMI, Claude TURMES, Den DOVER, Paul RÜBIG, Herbert REUL, David HAMMERSTEIN

Proposal for a regulation – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2

Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism or the provision of radio and television broadcasting services.

2008/06/03
Committee: ITRE

Erna HENNICOT-SCHOEPGES, Šarūnas BIRUTIS, Rebecca HARMS, Dominique VLASTO, Ruth HIERONYMI, Claude TURMES, Den DOVER, Herbert REUL, David HAMMERSTEIN

Proposal for a regulation – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3

A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest objective as defined in national legislation in conformity with Community law, such as the promotion of cultural and linguistic diversity and media pluralism.

2008/06/03
Committee: ITRE

Erna HENNICOT-SCHOEPGES, Šarūnas BIRUTIS, Rebecca HARMS, Dominique VLASTO, Ruth HIERONYMI, Claude TURMES, Den DOVER, Pilar DEL CASTILLO VERA, Herbert REUL, David HAMMERSTEIN

Proposal for a regulation – amending act
Article 1 – point 9

Directive 2002/21/EC
Article 9 – paragraph 5

5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. It lies within the competence of the Member States to define the scope and nature of any exception.

2008/06/03
Committee: ITRE

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – introductory wording

In order to contribute to the development of the internal market and without prejudice to Article 8a, for the achievement of the principles of this Article, the Commission may ~~adopt~~take appropriate technical implementing measures to:

2008/06/03
Committee: ITRE

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -a (new)

(-a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance Article 9;

2008/06/03
Committee: ITRE

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -aa (new)

(-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies;

2008/06/03
Committee: ITRE

Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point a

(a) ~~harmonise the identification of~~identify the bands for which usage rights may be directly transferred or leased between undertakings, excluding radio frequencies intended by Member States to be used for broadcasting services;

2008/06/03
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 10

Directive 2002/20/EC
Article 9c – paragraph 1 – point d

(d) create an exception to the principle of service or technology neutrality, as well as to harmonise the scope and nature of any exceptions to these principles in accordance with Article 9(3) and (4) other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism.deleted

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 10

Directive 2002/20/EC
Article 9c – paragraph 1a (new)

These implementing measures shall be without prejudice to measures taken at Community or national level, in compliance with Community law, to pursue general interest objectives, in particular measures relating to content regulation and audio-visual policy.

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 10

Directive 2002/20/EC
Article 9c – paragraph 2

Thoese measures designed to amend non- essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). ~~On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).~~ In the implementation of the provisions of ~~this~~points (a) to (c) of paragraph 1, the Commission may be assisted by the ~~Authority in accordance with Article 10 Regulation […/EC]~~RSPC.

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 11 – point b

Directive 2002/21/EC
Article 10 – paragraph 4 – subparagraph 1

4. Member States shall support the harmonisation of numbering resources within the Community where that is necessary to support the development of pan European services. The Commission may take appropriate implementing measures on this matter, which may include establishing tariff principles for specific numbers or numbering ranges. The implementing measures may grant the Authority specific responsibilities in the application of those measures.

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 11 – point b

Directive 2002/21/EC
Article 10 – paragraph 4 – subparagraph 2

The measures designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).deleted

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 13

Directive 2002/21/EC
Article 12 – paragraph 1

1. Where a~~n undertaking providing electronic communications networks~~ public or private undertaking has the right under national legislation to install facilities on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities shall, taking due account of the principle of proportionality, be able to impose the sharing of such facilities or property, including entries to buildings, masts, antennae, ducts, manholes and street cabinets.

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 13

Directive 2002/21/EC
Article 12 – paragraph 3 a (new)

3a. In order to guarantee the proportionality of the measures in paragraph 1, national regulatory authorities shall check the availability of all conduits suitable for laying telecommunication lines – including those of telecommunications providers, energy providers, urban providers and waste water pipes – in the areas in which access is required.

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 14

Directive 2002/21/EC
Article 13 a – paragraph 4

4. The Commission, taking the utmost account of the opinion of the Authority issued in accordance with Article 4(3)(b) of Regulation […./EC], may adopt appropriate technical implementing measures with a view to harmonising the measures referred to in paragraphs 1, 2, and 3, including measures defining the circumstances, format and procedures applicable to notification requirements. These implementing measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the procedure referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).deleted

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 17 – point c

Directive 2002/21/EC
Article 16 – paragraph 7

7. Where a national regulatory authority has not completed its analysis of a relevant market identified in the Recommendation within the time limit laid down in Article 16(6), the Commission may request the Authority to issue an opinion, including a draft measure, on the analysis of the specific market and the specific obligations to be imposed. The Authority shall carry out a public consultation on the draft measure concerned. The Commission, taking the utmost account of the opinion of the Authority issued in accordance with Article 6 of Regulation […./EC], may adopt a decision requiring the national regulatory authority to designate certain undertakings as having significant market power and to impose specific obligations under Articles 8, 9 to 13a of Directive 2002/19/EC (Access Directive) and Article 17 of Directive 2002/22/EC (Universal Service Directive) on those undertakings so designated. In so doing, the Commission shall pursue the same policy objectives as set out for national regulatory authorities in Article 8.deleted

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 17 ca (new)

Directive 2002/21/EC
Article 16 – paragraph 7a (new)

(ca) The following paragraph is inserted in Article 16: ‘7a. Irrespective of the regular analyses referred to in paragraph 6, national regulatory authorities may decide on measures which are valid for longer than two years if this is necessary for long-term planning reliability, particularly in order to develop next-generation access networks.’

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 20

Directive 2002/21/EC
Article 19 – paragraph 1

1. Without prejudice to Article 9 of this Directive and to Articles 6 and 8 of Directive 2002/20/EC (Authorisation Directive), where the Commission finds that divergences in the implementation by national regulatory authorities of the regulatory tasks specified in this Directive and the Specific Directives may create a barrier to the internal market, the Commission may, taking the utmost account of the opinion of the Authority, if any, issue a recommendation or a decision on the harmonised application of the provisions in this Directive and the Specific Directives in order to further the achievement of the objectives set out in Article 8.deleted

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 20

Directive 2002/21/EC
Article 19 – paragraph 2

2. Where the Commission issues a recommendation pursuant to paragraph 1, it shall act in accordance with the procedure referred to in Article 22(2). Member States shall ensure that national regulatory authorities take the utmost account of those recommendations in carrying out their tasks. Where a national regulatory authority chooses not to follow a recommendation, it shall inform the Commission, giving the reasoning for its position.deleted

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 20

Directive 2002/21/EC
Article 19 – paragraph 3

3. The decision mentioned in paragraph 1 designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4).deleted

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 20

Directive 2002/21/EC
Article 19 – paragraph 4

4. Measures adopted pursuant to paragraph 1 may include the identification of a harmonised or coordinated approach for dealing with the following issues: a) Consistent implementation of regulatory approaches, including regulatory treatment of new services; b) Numbering, naming and addressing issues, including number ranges, portability of numbers and identifiers, number and address translation systems, and access to 112 emergency services; c) Consumer issues, including accessibility to electronic communications services and equipment by disabled end- users; d) Regulatory accounting.deleted

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 20

Directive 2002/21/EC
Article 19 – paragraph 5

~~5. The Authority may on its own initiative advise the Commission on whether a measure should be adopted pursuant to paragraph 1.~~deleted

2008/06/04
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 24 a (new)

Directive 2002/21/EC
Article 25 – paragraph 1a (new)

(24a) In Article 25, the following paragraph 1a is inserted: "1a. The Commission shall evaluate whether, and if so to what extent, in the light of developments in the market and with regard to competition, there is a need to extend the duration of the sector- specific price and access regulation provisions of this Directive, and of Directive 2002/19/EC (Access Directive), beyond the period referred to in Articles 29a and 19a of this Directive and of Directive 2002/19/EC respectively, or to amend it. If the Commission finds that there is such a need, it shall submit a proposal to the European Parliament and the Council accordingly."

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 1 – point 25 a (new)

Directive 2002/21/EC
Article 29a (new)

(25a) The following Article 29a is inserted: "Article 29a Expiry Articles 14 to 16 shall expire on 1 January 2014."

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 2 – point 8 – point a

Directive 2002/19/EC
Article 12 – paragraph 1 – point f

~~(f) to provide co-location or other forms of facility sharing, including the sharing of ducts, buildings or entry to buildings, antennae or masts, manholes and street cabinets;~~deleted

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 2 – point 8 – point b

Directive 2002/19/EC
Article 12 – paragraph 1 – point j

~~(j) to provide access to associated services such as identity, location and presence capability.~~deleted

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 2 – point 8 – point b a (new)

Directive 2002/19/EC
Article 12 – paragraph 2 – point -a (new)

(ba) In paragraph 2, the following point -a is inserted: "(-a) provided that wholesale access at a low value-added level is sufficient to ensure competition on the end client market, no access obligation must be imposed at a higher value-added level."

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 2 – point 8 – point b e (new)

Directive 2002/19/EC
Article 12 – paragraph 2 – point a

(be) In paragraph 2, point (a) is replaced by the following: "(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and access involved; and, in particular, where other upstream access products, such as ducts, are available, no further access obligation must be imposed for a wholesale product downstream from any such access product."

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 2 – point 8 – point b g (new)

Directive 2002/19/EC
Article 12 – paragraph 2 – point d

(bg) In paragraph 2, point (d) is replaced by the following: "(d) the need to safeguard competition in the long term, in particular infrastructure competition;"

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 2 – point 8 b (new)

Directive 2002/19/EC
Article 13 – paragraph 1

(8b) In Article 13, paragraph 1 is replaced by the following: "1. A national regulatory authority may, in accordance with the provisions of Article 8, 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 might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. National regulatory authorities shall take into account the investment made by the operator and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involved and the need for the investment risk to be equally shared between market players."

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 2 – point 8 c (new)

Directive 2002/19/EC
Article 13 – paragraph 1a (new)

(8c) In Article 13, the following paragraph is inserted: "1a. Where no voluntary commercial agreement can be concluded, and where, on economic grounds, infrastructure competition is not possible, a national regulatory authority may regulate access to new-generation access networks, provided that it is ensured that access seekers bear a reasonable share of the risk incurred by the investor. Risk sharing contracts may either include an upfront payment covering the risk premium for a particular volume of accesses in particular regions, or take the form of long-term access contracts with minimum quantities for given time periods. Short- term contracts without minimum quantities shall include a price premium which covers the investment risk of the investor on the assumption that the full investment risk is borne by him or her. Price control in respect of such long-term and short-term access contracts shall be carried out in accordance with Article 13(6) of this Directive. Long-term access contracts shall reflect the time period necessary to allow amortisation of investment costs in new markets."

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 2 – point 8 e (new)

Directive 2002/19/EC
Article 13 – paragraph 4a (new)

(8e) In Article 13, the following paragraph is added: "4a. Where there is access price regulation, national regulatory authorities shall enable mandated operators to take account, in their pricing, also of costs over and above an efficient operator's long-term incremental costs, provided that those costs are laid down by law or sufficiently substantiated. Such costs shall include costs which are necessary to operate a legacy network in tandem with a next-generation access network if this fosters sustainable competition or increases consumer benefit."

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 2 – point 8 f (new)

Directive 2002/19/EC
Article 13 – paragraph 4b (new)

(8f) In Article 13, the following paragraph is added: "4b. National regulatory authorities shall ensure that regulation of access prices for long-term risk-sharing contracts is in line with the long-term incremental cost of an efficient operator, taking into account the operator’s calculated rate of penetration of new markets, and that access prices for short-term contracts include a risk premium. Such risk premiums shall be phased out with increasing new-market penetration, e.g. increasing penetration with next-generation connections. For this period, wholesale prices may be set on the basis of end customer rates."

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 2 – point 9

Directive 2002/19/EC
Article 13a

1. A national regulatory authority may, in accordance with the provisions of Article 8, and in particular the second subparagraph of Article 8(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of access products in an independently operating business unit. That business unit shall supply access products and services to all undertakings, including other business units within the parent company, on the same timescales, terms and conditions, including with regard to price and service levels, and by means of the same systems and processes. 2. When a national regulatory authority intends to impose an obligation for functional separation, it shall submit a request to the Commission that includes. (a) evidence that the imposition of appropriate obligations amongst those identified in Articles 9 13 to achieve effective competition following a co coordinated analysis of the relevant markets in accordance with the market analysis procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) has failed and would fail on a persistent basis to achieve effective competition and that there are important and persisting competition problems/market failures identified in several of these product markets. (b) an analysis of the expected impact on the regulatory authority, on the undertaking, and on its incentives to invest in its network, and on other stakeholders including in particular the expected impact on infrastructure competition and any potential entailing effects on consumers; (c) a draft of the measure being proposed. 3. The draft measure shall include the following elements: (a) the precise nature and level of separation, specifying in particular the legal status of the separate business entity; (b) identification of the assets of the separate business entity, and the products or services to be supplied by this entity; (c) the governance arrangements to ensure the independence of the staff employed by the separate business entity, and the corresponding incentive structure; (d) rules for ensuring compliance with the obligations; (e) rules for ensuring transparency of operational procedures, in particular towards other stakeholders; (f) a monitoring programme to ensure compliance, including publication of an annual report. 4. Following the Commission's decision on the draft measure taken in accordance with Article 8(3), the national regulatory authority shall conduct a coordinated analysis of the different markets related to the access network in accordance with the procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive). On the basis of its assessment, the national regulatory authority shall impose, maintain, amend or withdraw obligations, in accordance with Articles 6 and 7 of Directive 2002/21/EC (Framework Directive). 5. An undertaking on which functional separation has been imposed may be subject to any of the obligations identified in Articles 9–13 in any specific market where it has been designated as having significant market power in accordance with Article 16 of Directive 2002/21/EC (Framework Directive), or any other obligations authorised by the Commission pursuant to paragraph 3 of Article 8.Article 13a deleted Functional separation

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 2 – point 10 a (new)

Directive 2002/19/EC
Article 19a (new)

(10a) The following Article 19a is inserted: "Article 19a Expiry Articles 8 to 13 shall expire on 1 January 2014."

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 3 – point 5

Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – introductory wording

1. ~~In order to achieve the objectives set out in~~Without prejudice to Article 5(1) and (2) of this Directive and Article 1,s 8a and ~~without prejudice to Article 5(2) of this~~9 of Directive 2002/21/EC (Framework Directive), the Commission may adopt implementing measures:

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 3 – point 5

Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point a

(a) to identify radio frequency bands the use of which is to be made subject to general authorisations ~~or individual rights of use for radio frequencies~~;

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 3 – point 5

Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point c

~~(c) to harmonise procedures for the granting of general authorisations or individual rights of use for radio frequencies or numbers;~~deleted

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 3 – point 5

Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point d

~~(d) to harmonise the conditions specified in Annex II relating to general authorisations or individual rights of use for radio frequencies or numbers;~~deleted

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 3 – point 5

Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point e

~~(e) to provide for the amendment or withdrawal of authorisations or rights of use and the procedures relating to point (d);~~deleted

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 3 – point 5

Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point f

(f) to lay down procedures for the selection of undertakings to which individual rights of use for radio frequencies or numbers shall be granted by the national regulatory authorities, where appropriate in accordance with the provisions of Article 6b.deleted

2008/06/10
Committee: ITRE

Proposal for a directive – amending act
Article 3 – point 5

Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 2

The measures listed in ~~points (a) to (d) and (f)~~the first subparagraph, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14a(3). ~~On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14a(4).~~

2008/06/10
Committee: ITRE