BETA

39 Amendments of Ruth HIERONYMI related to 2007/0247(COD)

Ruth HIERONYMI, Ivo BELET

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 that 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cultural, economic~~, social~~ and environmental perspective and that obstacles to its efficient use are gradually withdrawn.

2008/05/16
Committee: CULT

Ruth HIERONYMI, Ivo BELET

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 review~~apply when general interest objectives are at stake.

2008/05/16
Committee: CULT

Ruth HIERONYMI, Ivo BELET

Proposal for a directive – amending act
Recital 21

(21) ~~Excep~~Restrictions to the principle of technology neutrality should be ~~limi~~appropriated 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 neutrality~~to comply with a general interest objective in conformity with Community law.

2008/05/16
Committee: CULT

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

Proposal for a directive – amending act
Article 1 – point 8 - point e

Directive 2002/21/EC
Article 8 – paragraph 4 – point g a (new)

(ga) ensuring that undertakings providing electronic communications services and networks cooperate with the sectors concerned with the protection and promotion of lawful content on electronic communications services and networks.

2008/05/16
Committee: CULT

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

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

Directive 2002/21/EC
Article 9 – paragraph 3 – point d

(d) comply with ~~a restri~~the fulfilment of a general interest objectionve in accordance with paragraph 4 below.

2008/05/16
Committee: CULT

Ruth HIERONYMI, Ivo BELET

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 ~~open to electronic communications~~available 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 to~~measures for the types of electronic communications services to be provided. .

2008/05/16
Committee: CULT

Ruth HIERONYMI, Ivo BELET

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

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

~~Restriction~~Measures 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

Ruth HIERONYMI, Ivo BELET

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

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

A ~~restriction~~measure 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

Ruth HIERONYMI, Ivo BELET

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

Directive 2002/21/EC
Article 9 – paragraph 5

5. Member States shall be regularly review the necessity of the ~~restri~~general interest objectionves referred to in paragraphs 3 and 4.

2008/05/16
Committee: CULT

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

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 of~~identify 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

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

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 ~~shall~~may be assisted by the ~~Authority in accordance with Article 10 Regulation […/EC]~~RSPC.

2008/05/16
Committee: CULT

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

Proposal for a directive – amending act
Recital 20

(20) Flexibility in spectrum management and access 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 communication services as identified in national frequency allocation tables and in the 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 review~~apply when general interest objectives are at stake.

2008/05/28
Committee: ITRE

Ruth HIERONYMI, Ivo BELET

Proposal for a directive – amending act
Recital 21

(21) ~~Excep~~Restrictions to the principle of technology neutrality should be ~~limi~~appropriated 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 neutrality~~to comply with an general interest objective in conformity with Community law.

2008/05/28
Committee: ITRE

Ruth HIERONYMI, Ivo BELET

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

2008/05/28
Committee: ITRE

Ruth HIERONYMI, Ivo BELET

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

Dominique VLASTO, Ruth HIERONYMI, Ivo BELET

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

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

(ea) In paragraph 4, point is added: "(ga) ensuring that undertakings providing electronic communications services and networks cooperate with the sectors concerned in relation to the protection and promotion of lawful content on electronic communications services and networks”.

2008/05/30
Committee: ITRE

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

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

Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point d

(d) ~~comply with a restri~~fulfil a general interest objectionve in accordance with paragraph 4 ~~below~~.

2008/06/03
Committee: ITRE

Ruth HIERONYMI, Ivo BELET

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

Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1

4. Unless provided in the second subparagraph or in the measures pursuant to Article 9c, Member States shall ensure that all types of electronic communication services may be provided in the radio frequency band ~~open~~available to electronic communication services as identified in their national frequency allocation tables and in the ITU Radio Regulations. The Member States may, however, provide for proportionate and non-discriminatory ~~restrictions for~~measures relating to the types of electronic communications services to be provided.

2008/06/03
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

Ruth HIERONYMI, Ivo BELET

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

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

~~Restriction~~Measures that require a service to be provided in a specific band shall be justified in order to ensure 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.

2008/06/03
Committee: ITRE

Ruth HIERONYMI, Ivo BELET

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

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

A ~~restriction~~measure 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.

2008/06/03
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

Ruth HIERONYMI, Ivo BELET

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 ~~restri~~general interest objectionves referred to in paragraphs 3 and 4.

2008/06/03
Committee: ITRE

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

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

Ruth HIERONYMI, Ivo BELET

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