[ParlTrack]

Proposal for a directive – amending act
Article 1 – point 6 a (new)

Directive 2002/21/EC
Article -7a (new)

(6a) The following Article is added: ‘Article -7a Procedure for the consistent application of remedies 1. Where a national regulatory authority intends to take a measure to impose, amend or withdraw an obligation on an operator in application of Article 16 in conjunction with Article 5, Articles 9 to 13 and Articles 13a and 13b of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive), the Commission and the national regulatory authorities in the other Member States shall have a period of one month from the date of notification of the draft measure in which to make comments to the national regulatory authority concerned. 2. If the draft measure concerns the imposition, amendment or withdrawal of an obligation other than those laid down in Articles 13a and 13b of Directive 2002/19/EC (Access Directive), the Commission may, within the same period, notify the national regulatory authority concerned and BERT of the reasons why it considers that the adoption of the draft measure would create a barrier to the single market or why it has serious doubts as to its compatibility with Community law. In such case, the draft measure shall not be adopted for a further two months following the Commission's notification. In the absence of such notification, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any comments made by the Commission or by any other national regulatory authority. 3. Within the two month period referred to in paragraph 2, the Commission, BERT and the national regulatory authority concerned shall cooperate closely with the objective of identifying the most appropriate and effective measure in the light of the objectives laid down in Article 8, whilst taking due account of the views of market participants and the need to ensure the development of consistent regulatory practice. Within the same two month period, BERT shall, acting by a qualified majority of at least half plus one of the members of the Board of Regulators, issue a reasoned opinion confirming the appropriateness and effectiveness of the draft measure or indicating that the draft measure should be amended and providing specific proposals to that end. This opinion shall be made public. If BERT has issued a reasoned opinion indicating that the draft measure should be amended, the Commission may, taking utmost account of this opinion, adopt a reasoned decision requiring the national regulatory authority concerned to amend the draft measure and providing specific proposals to that end. If BERT has issued a reasoned opinion confirming the appropriateness and effectiveness of the draft measure, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any recommendations made by the Commission and BERT. 4. If the draft measure concerns the imposition, amendment or withdrawal of an obligation laid down in Articles 13a and 13b of Directive 2002/19/EC (Access Directive), the draft measure shall not be adopted for a further two months after the end of the period referred to in Article 7(3). Within this two month period, the Commission, BERT and the national regulatory authority concerned shall cooperate closely with the objective of identifying the most appropriate and effective measure in the light of the objectives laid down in Article 8, whilst taking due account of the views of market participants and the need to ensure the development of consistent regulatory practice. Within the same two month period, BERT shall, acting by a qualified majority of at least half plus one of the members of the Board of Regulators, issue a reasoned opinion confirming the appropriateness and effectiveness of the draft measure or indicating that the draft measure should not be applied. This opinion shall be made public. Only if the Commission and BERT confirm the appropriateness and effectiveness of the draft measure, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any recommendations made by the Commission and BERT. 5. Within three months of the adoption by the Commission, in accordance with paragraph 3, of a reasoned decision requiring the national regulatory authority concerned to amend the draft measure, the national regulatory authority shall amend or withdraw the draft measure. If the draft measure is amended, the national regulatory authority shall undertake a public consultation in accordance with the procedures referred to in Article 6, and re-notify the amended draft measure to the Commission in accordance with Article 7.’

2008/05/30
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

Pilar DEL CASTILLO VERA

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

Directive 2002/21/EC
Article 9 a – 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 of~~the right to use the part of the radio frequencies which is necessary for the fulfilment of ~~such~~that objective shall remain unchanged until its expiry. The part of the radio frequencies which 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 7(2) of~~ shall be subject to a new assignment procedure in accordance with Article 9(3) and (4) of this Directive and Article 7(2) of Directive 2002/20/EC (the Authorisation Directive).

2008/06/03
Committee: ITRE

Pilar DEL CASTILLO VERA

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

Directive 2002/21/EC
Article 12 – paragraph 1

1. Where an undertaking providing electronic communications networks 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 be able to impose the sharing of such facilities or property, including entries to buildings, ~~mast~~building wiring, masts, tall support structures, antennae, ducts, manholes and street cabinets.

2008/06/04
Committee: ITRE

Pilar DEL CASTILLO VERA

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 advance by Member States to grant rights of use of radio frequencies to providers of 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 open, 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 for radio frequencies to the providers of radio or television broadcast content services can be shown to be essential to meet a particular obligation defined and justified in advance by the Member State which is necessary to achieve a general interest objective in conformity with Community law.

2008/06/10
Committee: ITRE

5 Amendments of Pilar DEL CASTILLO VERA related to 2007/0247(COD)

ParlTrack - 2011-2024