29 Amendments of Gianni DE MICHELIS related to 2007/0247(COD)
Amendment 86 #
Proposal for a directive – amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) It is essential that ex ante regulatory obligations should only be imposed where there is no effective competition, i.e. in markets where there are one or more undertakings with significant market power, and where national and Community competition law remedies are not sufficient to address the problem. It is necessary therefore for the Commission to draw up guidelines at Community level in accordance with the principles of competition law for national regulatory authorities to follow in assessing whether competition is effective in a given market and in assessing significant market power. National regulatory authorities should analyse whether a given product or service market affects the whole or a part of the territory of the Member State concerned or neighbouring parts of territories of Member States considered together. In order to guarantee an accurate geographical market definition, which should ensure that regulation is based on the actual market conditions, national regulatory authorities should analyse whether geographical markets should be defined where competition conditions, and in particular, infrastructure competition, are not homogeneous enough within the national territory. An analysis of effective competition should include an analysis as to whether the market is prospectively competitive, and thus whether any lack of effective competition is durable. Those guidelines should also address the issue of newly emerging markets, where de facto the market leader is likely to have a substantial market share but should not be subjected to inappropriate obligations. In this respect it is necessary to differentiate the regulatory approach between legacy and new networks, avoiding unnecessary regulatory obligations on undertakings providing new access networks and services, whose demand is subject to a high uncertainty and require important investments to be provided. The Commission should review the guidelines regularly to ensure that they remain appropriate in a rapidly developing market. National regulatory authorities will need to cooperate with each other where the relevant market is found to be transnational.
Amendment 309 #
Proposal for a directive – amending act
Article 1 – point 8 – point e a (new)
Article 1 – point 8 – point e a (new)
Directives 2002/21/EC
Article 8 – paragraph 4a (new)
Article 8 – paragraph 4a (new)
Amendment 379 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Member States shall apply the provisions of paragraphs 3 to 6 taking the utmost account of the assessment by the relevant technical and standardization organizations and after consultation with interested parties. In applying this Article, Member States shall take appropriate measures to guarantee fair competition, ensuring that full account is taken of investments made by market players for the acquisition of radio frequencies.
Amendment 385 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 1 – subparagraph 1
Article 9 a – paragraph 1 – subparagraph 1
1. For a period of five years starting on [1 January 2010from [the date of transposition of this Directive], Member States shall ensure that holders of rights to use radio frequencies which were granted before that date1 January 2010 may submit an application to the competent national regulatory authority for a reassessment of the restrictions to their rights in accordance with Article 9(3) and (4).
Amendment 396 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 2
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 and not acquired commercially, an application for reassessment can only be made in respect of the part of the radio frequencies which is necessary for the fulfilment of such objective. 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 the Authorisation Directive.
Amendment 399 #
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a – paragraph 4
Article 9 a – paragraph 4
4. In applying this Article, Member States shall take appropriate measures to guarantee fair competition, ensuring that full account is taken of investments made by market players for the acquisition of radio frequencies.
Amendment 481 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 2
Article 9c – paragraph 2
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). 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 paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC]. The Commission shall adopt these measures taking the utmost account of the assessment by the relevant technical and standardization organizations and after consultation with interested parties.
Amendment 518 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 2
Article 13 a – paragraph 2
2. Member States shall ensure that undertakings providing public communications networks take all necessary steps to ensure the integrity of their networks so as to ensure theprovide pre-defined and appropriate levels of continuity of supply of services provided over those networks, taking into account their technical, economic and operational feasibility.
Amendment 525 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 3 – subparagraph 2
Article 13 a – paragraph 3 – subparagraph 2
Where appropriate, the national regulatory authority concerned shall inform the national regulatory authorities in other Member States and the Authority. Where disclosure of the breach is in the public interest, the national regulatory authority may inform the public.
Amendment 542 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 b – paragraph 1
Article 13 b – paragraph 1
1. Member States shall ensure that national regulatory authorities have the power to issue binding instructions to undertakings providing public communications networks or publicly available electronic communications services in order to implement Article 13a. The binding instructions shall be submitted to public consultation, shall be proportionate and economically and technically feasible and shall come into force within a reasonable timeframe. National regulatory authorities shall also allow telecommunications operators to recover costs incurred in complying with the binding instructions.
Amendment 545 #
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 b – paragraph 2 – point b
Article 13 b – paragraph 2 – point b
(b) instruct a qualified independent body in agreement with undertakings to carry out a security audit and make the results thereof available to the national regulatory authority.
Amendment 563 #
Proposal for a directive – amending act
Article 1 – point 17 – point aa (new)
Article 1 – point 17 – point aa (new)
Directive 2002/21/EC
Article 16 – paragraph 3
Article 16 – paragraph 3
(aa) Paragraph 3 is replaced by the following: "3. Where a national regulatory authority concludes that the market is not susceptible to ex-ante regulation, on the basis of the three criteria test stated in the Recommendation, or is susceptible to ex-ante regulation but is effectively competitive, it shall not impose or maintain any of the specific regulatory obligations referred to in paragraph 2 of this Article. In cases where sector specific regulatory obligations already exist, it shall withdraw such obligations placed on undertakings in that relevant market. An appropriate period of notice shall be given to parties affected by such a withdrawal of obligations."
Amendment 572 #
Proposal for a directive – amending act
Article 1 – point 17 – point b
Article 1 – point 17 – point b
Directive 2002/21/EC
Article 16 – paragraph 6 – point a
Article 16 – paragraph 6 – point a
(a) within two years ofrom a previous notification of a draft measure relating to that market, for markets which are identified both in the previous Recommendation and in the Recommendation in force;
Amendment 575 #
Proposal for a directive – amending act
Article 1 – point 17 – point b
Article 1 – point 17 – point b
Directive 2002/21/EC
Article 16 – paragraph 6 – point ba (new)
Article 16 – paragraph 6 – point ba (new)
(ba) within six months of the adoption of a revised Recommendation on relevant markets, for any market subject to regulation and not listed in the revised Recommendation, within the first three months the NRA shall notify the result of the three criteria test defined in the Recommendation and, in the case of markets passing this test, shall, within the following three months, carry out the SMP assessment of the market in order to decide whether to maintain, modify or withdraw existing obligations; or
Amendment 594 #
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 4 – point a
Article 19 – paragraph 4 – point a
(a) Consistent implementation of regulatory approaches, including regulatory treatment of new services and new access infrastructure;
Amendment 628 #
Proposal for a directive – amending act
Article 2 – point 3 – point -a
Article 2 – point 3 – point -a
Directive 2002/19/EC
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Amendment 638 #
Proposal for a directive – amending act
Article 2 – point 3 – point a
Article 2 – point 3 – point a
Directive 2002/19/EC
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Obligations and conditions imposed in accordance with paragraph 1 shall be objective, transparent, proportionate and non-discriminatory, and shall be implemented in accordance with the procedures referred to in Articles 6 and 7 of Directive 2002/21/EC (Framework Directive). When assessing the proportionality of the obligations and conditions to be imposed, national regulatory authorities shall take into account the different competitive conditions existing in the different areas within their Member States.
Amendment 650 #
Proposal for a directive – amending act
Article 2 – point 8 – point -a (new)
Article 2 – point 8 – point -a (new)
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 - introductory wording
Article 12 – paragraph 1 – subparagraph 2 - introductory wording
(-a) The introductory wording of subparagraph 2 of paragraph 1 shall be replaced by the following: "National regulatory authorities shall not impose access obligations if appropriate commercial voluntary agreements are in place between undertakings. When commercial voluntary negotiation fails, operators may be required inter alia:"
Amendment 653 #
Proposal for a directive – amending act
Article 2 – point 8 – point a
Article 2 – point 8 – point a
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 – point f
Article 12 – paragraph 1 – subparagraph 2 – 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, and manholes and street cabinets;
Amendment 656 #
Proposal for a directive – amending act
Article 2 – point 8 – point b
Article 2 – point 8 – point b
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 – point j
Article 12 – paragraph 1 – subparagraph 2 – point j
Amendment 664 #
Proposal for a directive – amending act
Article 2 – point 8 – point b e (new)
Article 2 – point 8 – point b e (new)
Directive 2002/19/EC
Article 12 – paragraph 2 – point a
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 the availability of other wholesale access products, such as ducts;"
Amendment 668 #
Proposal for a directive – amending act
Article 2 – point 8 – point b g (new)
Article 2 – point 8 – point b g (new)
Directive 2002/19/EC
Article 12 – paragraph 2 – point d
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-based competition;"
Amendment 732 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) avoid a serious risk of harmful interference, taking the utmost account of the assessment by the relevant technical and standardization organizations; or
Amendment 749 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 2
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 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 in advanceand justified in advance, in light of technological and market developments, by the Member State which is necessary to achieve a general interest objective in conformity with Community law.
Amendment 756 #
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5
Article 5 – paragraph 2 – subparagraph 5
Any individual right to use radio frequencies that is granted for ten years or more and that may not be transferred or leased between undertakings as a allowed bypursuant to Article 9b of the Framework Directive shall, every five years and for the first time five years after its issuancebefore its expiry, be subject to a review in the light of the criteria in paragraph 1. If the criteria to grant individual rights of use are no longer applicable, the individual right of use shall be changed into a general authorisation for the use of radio frequencies, subject to prior notice of not moreless than five years from the conclusion of the review, or shall be made freely transferable or leaseable between undertakings.
Amendment 797 #
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 2
Article 6a – paragraph 1 – subparagraph 2
The measures listed in points (a) to (d) and (f), 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 usehave recourse to the urgency procedure referred to in Article 14a(4). The Commission shall adopt those measures taking the utmost account of the assessment by the relevant technical and standardization organizations and after consultation with interested parties.
Amendment 813 #
Proposal for a directive – amending act
Article 3 – point 13
Article 3 – point 13
Directive 2002/20/EC
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Without prejudice to Article 9a of Directive 2002/21/EC (Framework Directive), Member States shall bring authorisations already in existence on 31 December 2009 into conformity with Articles 5, 6, 7, and Annex I of this Directive by [31 December 2010] at the latest...*. ___________ * Five years from the date of transposition of this Directive.
Amendment 815 #
Proposal for a directive – amending act
Article 3 – point 13
Article 3 – point 13
Directive 2002/20/EC
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where application of paragraph 1 results in a reduction of the rights or an extension of the obligations under authorisations already in existence, Member States may extend the validity of those rights and obligations till [30 September 2011] at the latestfor a further year, provided that the rights of other undertakings under Community law are not affected thereby. Member States shall notify such extensions to the Commission and state the reasons therefore.
Amendment 817 #
Proposal for a directive – amending act
Annex I – point 3 – point a
Annex I – point 3 – point a
Directive 2002/20/EC
Annex I – part A – point 4
Annex I – part A – point 4
4. Accessibility of numbers from the national numbering plan to end-users, numbers from ETNS and UIFN, and and global international numbering schemes managed by ITU-T and ETNS, including conditions in conformity with Directive 2002/22/EC (Universal Service Directive).