BETA

49 Amendments of Helga TRÜPEL related to 2007/0247(COD)

Amendment 26 #
Proposal for a directive – amending act
Recital 20
(20) Flexibility in spectrum management and access to spectrum should be increased through technology- and service-neutral authorisations to let spectrum users choose the best technologies and services to apply in a frequency bands available to electronic communications services as identified in national frequency allocation tables and in the International Telecommunication Union (ITU) Radio regulations (hereinafter referred to as the ‘principles of technology and service neutrality’). The administrative determination of technologies and services should become the exception and should be clearly justified and subject to regular periodic reviewapply when general interest objectives are at stake.
2008/05/16
Committee: CULT
Amendment 29 #
Proposal for a directive – amending act
Recital 21
(21) ExcepRestrictions to the principle of technology neutrality should be limiappropriated and justified by the need to avoid harmful interference, for example by imposing emission masks and power levels, or to ensure the protection of public health by limiting public exposure to electromagnetic fields, or to ensure proper sharing of spectrum, in particular where its use is only subject to general authorisations, or where strictly necessary to comply with an exception to the principle of service neutralityto comply with a general interest objective in conformity with Community law.
2008/05/16
Committee: CULT
Amendment 32 #
Proposal for a directive – amending act
Recital 22
(22) 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. It should be possible for exceptions to the principle of service neutrality which requireOn the other hand, spectrum use may also be explicitly assigned to the provision of a specific service or through a specific technology 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 inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include the promotion of cultural and media policy objectives such as cultural and linguistic diversity and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequencies.
2008/05/16
Committee: CULT
Amendment 37 #
Proposal for a directive – amending act
Recital 23
(23) It lies within the competence of the Member States to define the scope and nature of any exception regarding the promotion ofassignment of radio frequencies to ensure the promotion of cultural and media policy objectives such as cultural and linguistic diversity and media pluralism in accordance with their own national law, internationally agreed radio frequency plans and general principles of Community law.
2008/05/16
Committee: CULT
Amendment 38 #
Proposal for a directive – amending act
Recital 24
(24)As the allocation of spectrum to specific technologies or services is an exception to the principles of technology and service neutrality and reduces the freedom to choose the service provided or technology used, any proposal for such allocation should be transparent and subject to public consultation.deleted
2008/05/16
Committee: CULT
Amendment 41 #
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 to the European Parliament and the Council a legislative proposal.
2008/05/16
Committee: CULT
Amendment 44 #
Proposal for a directive – amending act
Recital 60
(60) In particular, power should be conferred on the Commission to adopt implementing measures in relation to the notifications under Article 7 of the Framework Directive; the harmonisation in the fields of spectrum and numbering as well as in matters related to security of networks and services; the identification of trans-national markets; the implementation of the standards; the harmonised application of the provisions of the regulatory framework. Power should also be conferred to adopt implementing measures to update Annexes I and II to the Access Directive to market and technological developments and for adopting implementing measures to harmonise the authorisation rules, procedures and conditions for the authorisation of electronic communications networks and services. Since those measures are of general scope and are designed to supplement these Directives by the addition of 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. When, on imperative grounds of urgency, the normal time limits for this procedure cannot be complied with, the Commission should be able to use the urgency procedure provided for in Article 5a(6) of the above DecisionSince those measures are of general scope and are designed to supplement these Directives by the addition of 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. Given that the conduct of the regulatory procedure with scrutiny within the normal time limits could, in certain exceptional situations, impede the timely adoption of implementing measures, the European Parliament, the Council and the Commission should act speedily in order to ensure the timely adoption of those measures.
2008/05/16
Committee: CULT
Amendment 45 #
Proposal for a directive – amending act
Article 1 – point 6
Directive 2002/21/EC
Article 6 – paragraph 1
Except in cases falling within Articles 7 (10), 20 or 21 and unless otherwise provided in the implementing measures adopted pursuant to Article 9c, Member States shall ensure that, where regulatory authorities intend to take measures in accordance with this Directive or the Specific Directives which have a significant impact on the relevant market, or where they intend to provide for restrictions in accordance with Article 9 (3) and 9 (4), they give interested parties the opportunity to comment on the draft measure within a reasonable period.
2008/05/16
Committee: CULT
Amendment 51 #
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Directive 2002/21/EC
Article 8 a (new)
(8a) The following Article 8a is inserted: "Article 8a Coordination of radio spectrum policies in the Community 1. Member States shall cooperate with each other and the Commission in the strategic planning and eventual harmonisation of the use of radio frequencies in the Community. They shall ensure coherence of spectrum policy approaches with other national or EU policies, e.g. 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 (hereinafter "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/or 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 by a qualified majority, shall adopt opinions. Each Member State shall have one vote and the Commission shall not vote. 7. The Commission, taking the 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 the 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 negotiating mandate. 10. The RSPC shall submit an annual activity report to the European Parliament and to the Council."
2008/05/16
Committee: CULT
Amendment 54 #
Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 1
1. Taking into account that radio frequencies are a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio spectrum for electronic communication services in their territory in accordance with Article 8. They shall ensure that the allocation and assignment of such radio spectrum by national regulatory authorities are based on objective, transparent, non-discriminatory and proportionate criteria.
2008/05/16
Committee: CULT
Amendment 57 #
Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – point d
d) comply with a restrithe fulfilment of a general interest objectionve in accordance with paragraph 4 below.
2008/05/16
Committee: CULT
Amendment 61 #
Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1
4. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of electronic communications services may be provided in the radio frequency band openavailable to electronic communication services as identified in their national frequency allocation tables and in the International Telecommunication Union (ITU) Regulations. The Member States may, however, provide for proportionate and non-discriminatory restrictions tomeasures for the types of electronic communications services to be provided.
2008/05/16
Committee: CULT
Amendment 64 #
Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
RestrictionMeasures that require a service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective defined in national legislation 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 the promotion of cultural and media policy objectives such as cultural and linguistic diversity and media pluralism.
2008/05/16
Committee: CULT
Amendment 67 #
Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
A restrictionmeasure 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 avoid harmful interference.
2008/05/16
Committee: CULT
Amendment 69 #
Proposal for a directive – amending act
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5 a (new)
5a. Member States shall have the competence to define the scope, nature and duration of measures intended for the promotion of cultural and media policy objectives such as cultural and linguistic diversity and media pluralism in accordance with their own national law.
2008/05/16
Committee: CULT
Amendment 72 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9a – paragraph 2
2. Where the right holder mentioned in paragraph 1 is a provider of radio or television broadcast content services, and the right to use radio frequencies has been granted for the fulfilment of a specific general interest objective, an application for reassessment can only be made in respect ofthe right to use the part of the radio frequencies which is necessaryallocated for the fulfilment of such objective shall remain unchanged until its expiry. The part of the radio frequencies which may becomes unnecessary for the fulfilment of that objective as a result of application of Article 9(3) and (4) shall be subject to a new assignment procedure in conformity with Article 9 (3) and (4) of this Directive and Article 7(2) of the Authorisation Directive.
2008/05/16
Committee: CULT
Amendment 78 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 - introductory part
In order to contribute to the development of the internal market and without prejudice to Article 8a of this Directive, for the achievement of the principles of this Article, the Commission may adopt appropriate technical implementing measures to:
2008/05/16
Committee: CULT
Amendment 80 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point -a (new)
(-a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance with Article 9;
2008/05/16
Committee: CULT
Amendment 83 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point -aa (new)
(-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies;
2008/05/16
Committee: CULT
Amendment 85 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be directly transferred or leased between undertakings, excluding radiofrequencies planned by Member States for broadcasting services;
2008/05/16
Committee: CULT
Amendment 87 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – paragraph 1 – point d
(d) create an exception to the principle of services 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 pluralismThese implementing measures are without prejudice to measures taken at Community or national level, in compliance with Community law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy.
2008/05/16
Committee: CULT
Amendment 89 #
Proposal for a directive – amending act
Article 1 – point 10
Directive 2002/21/EC
Article 9 c – 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 points (a) to (c) of this paragraph, the Commission shallmay be assisted by the Authority in accordance with Article 10 Regulation […/EC]RSPC.
2008/05/16
Committee: CULT
Amendment 92 #
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)’
2008/05/16
Committee: CULT
Amendment 95 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 - introductory part
1. Member States shall not make the use of radio frequencies subject to the grant of individual rights of use but shall include the conditions forfacilitate usage of such radio frequencies in the general authorisation, unless it is justified to. Member States may grant individual rights in order to:
2008/05/16
Committee: CULT
Amendment 96 #
Proposal for a directive – amending act
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 2
Without prejudice to specific criteria defined in advanceand procedures defined by Member States to grant rights of use of radio frequencies to providers of broadcast radio or television broadcast content services with a view to pursuing general interest objectives in conformity with Community law, such rights of use shall be granted through objective, transparent, non-discriminatory and proportionate procedures, and, in the case of radio frequencies, in accordance with the provisions of Article 9 of Directive 2002/21/EC (Framework Directive). The procedures shall also be open, except in cases where the granting of individual rights of use of radio frequencies to the providers of radio or television broadcast content services can be shown to be essential for fulfilling a particular obligation defined in advance by the Member State which is necessary to achieve a general interest objective in conformity with Community law.
2008/05/16
Committee: CULT
Amendment 97 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6 a – paragraph 1 - introductory part
1. In order to achieve the objectives set out in Article 1, and without prejudice to Article 5 (2) of thisWithout prejudice to Article 5 (1) and (2) of this Directive and Articles 8 and 9 of Directive 2002/21/EC (Framework Directive), the Commission may adopt implementing measures:
2008/05/16
Committee: CULT
Amendment 98 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6 a – paragraph 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;
2008/05/16
Committee: CULT
Amendment 99 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6 a – paragraph 1 – point c
(c) to harmonise procedures for the granting of general authorisations or individual rights of use for radio spectrum or numbers;deleted
2008/05/16
Committee: CULT
Amendment 100 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6 a – paragraph 1 – point d
(d) to harmonise the conditions specified in Annex II relating to general authorisations or individual rights of use radio frequencies or numbers;deleted
2008/05/16
Committee: CULT
Amendment 101 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6 a – paragraph 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
2008/05/16
Committee: CULT
Amendment 102 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6 a – paragraph 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
2008/05/16
Committee: CULT
Amendment 103 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6 a – paragraph 1 – subparagraph 2
The measures listed in points (a) to (d) and (f)above, 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).
2008/05/16
Committee: CULT
Amendment 105 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6 b – paragraph 1
1. The technical implementing measure referred to in paragraph 6a(1)(f) may provide for the Authority to make proposals for the selection of undertaking(s) to which individual rights of use for radio frequencies or numbers are to be granted, in accordance with Article 12 of Regulation [..]. In such cases, the measure shall specify the period within which the Authority shall complete the selection, the procedure, rules and conditions applicable to the selection, and details of any charges and fees to be imposed on the holders of rights for use of radio frequencies and/or numbers, in order to ensure the optimal use of spectrum or numbering resources. The selection procedure shall be open, transparent, non-discriminatory and objective.deleted
2008/05/16
Committee: CULT
Amendment 107 #
Proposal for a directive – amending act
Article 3 – point 5
Directive 2002/20/EC
Article 6 b – paragraph 2
2. Taking the utmost account of the opinion of the Authority, the Commission shall adopt a measure selecting the undertaking(s) to which individual rights of use for radio frequencies or numbers shall be issued. The measure shall specify the time within which such rights of use shall be issued by the national regulatory authorities. In so doing, the Commission shall act in accordance with the procedure referred to in Article 14a(2).deleted
2008/05/16
Committee: CULT
Amendment 109 #
Proposal for a directive – amending act
Article 3 – point 11
Directive 2002/20/EC
Article 14 a – paragraph 4
4. Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.deleted
2008/05/16
Committee: CULT
Amendment 110 #
Proposal for a directive – amending act
Article 3 - point 15
Directive 2002/20/EC
Annex II
(15) A new Annex II, the text of which is set out in the Annex to this Directive, is adddeleted.
2008/05/16
Committee: CULT
Amendment 125 #

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
Amendment 128 #

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 neutralityOn 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, exceptionmeasures 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
Amendment 130 #

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 fieldsharmonisation 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
Amendment 133 #

Article 1 – point 8 – point b a (new)
Directive 2002/21/EC
Article 8 – paragraph 2 – point b
(ba) in paragraph 2, point (b) shall be replaced by the following: "(b) ensuring that there is no distortion or restriction of competition in the electronic communications and information society services, in particular for the delivery of and access to content and electronic communications and information society services across all networks."
2009/03/16
Committee: ITRE
Amendment 134 #

Article 1 – point 8 – point f a (new)
Directive 2002/21/EC
Article 8 – paragraph 4 – point fa (new)
(fa) in paragraph 4, point (fa) shall be inserted: “(fa) applying the principle that end-users should be able to access and distribute any content and use any applications and/or services of their choice;”
2009/03/16
Committee: ITRE
Amendment 135 #

Article 1 – point 8 – point f b (new)
Directive 2002/21/EC
Article 8 – paragraph 4 – point f b (new)
(fb) in paragraph 4, point (fb) shall be inserted: “(fb) applying the principle that no restriction may be imposed on the fundamental rights and freedoms of end users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union concerning freedom of expression and information, save when public security is threatened in which case the ruling may be subsequent.”
2009/03/16
Committee: ITRE
Amendment 144 #

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 UnionCommunity. 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 UnionCommunity 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 promotWhere 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
Amendment 146 #

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
Amendment 149 #

Article 2 – point 3 – point aa (new)
Directive 2002/19/EC
Article 5 – paragraph 1 – point a
(aa) in paragraph 1, point (a) shall be replaced by: "(a) to the extent that is necessary to ensure end-to-end connectivity or fair and reasonable access to third-party services and applications, obligations on undertakings that control access to end- users, including in justified cases the obligation to interconnect their networks and to provide access where this is not already the case or to make their services interoperable on fair, transparent and reasonable terms."
2009/03/16
Committee: ITRE
Amendment 151 #

Article 2 – point 7 – point a
Directive 2002/19/EC
Article 9 – paragraph 1
1. National regulatory authorities may, in accordance with the provisions of Article 8, impose obligations for transparency in relation to interconnection and/or access, requiring operators to make public specified information, such as accounting information, technical specifications, network characteristics, terms and conditions for supply and use, including the purpose and effect of traffic management policies, and prices.
2009/03/16
Committee: ITRE
Amendment 162 #

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
Amendment 165 #

Article 3 – point 3 a (new)
Directive 2002/20/EC
Article 6 a (new)
(4a) 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
Amendment 167 #

Annex – point 2 – point h
Directive 2002/21/EC
Annex – part A – point 19
19. Transparency obligations on undertakings providing electronic communications services available to the public to ensure end-to-end connectivity, including unrestricted access to and distribution of content, services and applications, in conformity with the objectives and principles set out in Article 8 of Directive 2002/21/EC (Framework Directive), disclosure regarding traffic management policies and, where necessary and proportionate, access by national regulatory authorities to such information needed to verify the accuracy of such disclosure.
2009/03/16
Committee: ITRE