29 Amendments of Renato BRUNETTA
Amendment 24 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 12
Recital 12
(12) Providers of electronic communications services should ensure that their customers are adequately informed as to whether or not access to emergency services is provided, and are given clear and transparent information in the initial customer contract and at regular intervals thereafter, for example in customer billing information. Equally, where an opt-out system is not adopted in a particular Member State, customers should, in the interest of ensuring comprehensive directory services, at the very least be properly informed of their rights to be included in directory databases and granted an effective opportunity to exercise that right both initially and during the contractual relationship. Hence, customers should be expressly asked at the moment of requesting a service, and at regular intervals thereafter, whether and how they wish relevant information to be included in directory databases. Since mechanisms are available for including information in the directory database without that information being disclosed to users of directory services, hence facilitating more comprehensive directory services without compromising privacy, customers should also be offered this option by access operators. Customers should also be kept well informed of possible actions that the provider of electronic communications service may take to address security threats or in response to a security or integrity incident, since such actions could have a direct or indirect impact on the customer’s data, privacy or other aspects of the service provided.
Amendment 25 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 14
Recital 14
(14) A competitive market should ensure that end-users are able to access and distribute any lawful content and to use any lawful applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content, services or applications is not unreasonably restricted and, for instance, that unreasonable wholesale access terms are addressed.
Amendment 26 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) The availability of transparent, up-to- date and comparable tariffs is a key element for consumers in competitive markets with several providers offering services. Consumers of electronic communications services should be able to easily compare prices of various services offered on the market based on tariff information published in an easily accessible form. In order to allow them to make price comparisons easily, national regulatory authorities should have powers to require from operators better tariff transparency and to ensure that third parties have the right to use without charge publicly available tariffs published by undertakings providing electronic communications services. They should also make price guides available where the market has not provided them. Operators should not be entitled to any remuneration for such use of tariffs which had already been published and thus belong to the public domain. In addition, users should be adequately informed of the price involved or the type of service offered before they purchase a service, in particular if a freephone number is subject to any additional charges. The Commission should be able to adopt technical implementing measuresFreephone numbers should not be subject to any additional charges. The Commission should adopt measures to ensure that access operators provide reasonable terms for access in order to ensure that end-users benefit from a consistent approach to tariff transparency in the Communitythe full benefit of competition in services, in particular directory enquiries.
Amendment 28 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 18 a (new)
Recital 18 a (new)
(18a) Directory enquiry services should be, and frequently are, provided in competition, pursuant to Article 5 of Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services1. Wholesale measures ensuring the inclusion of end- user data (both fixed and mobile) in databases, the cost-oriented supply of that data to service providers and the provision of network access in cost-oriented, reasonable and transparent conditions should be in place in order to ensure end users the full benefit of competition with the aim ultimately of enabling the removal of retail regulation from this service. 1 OJ L 249, 17.9.2002, p. 21.
Amendment 54 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 7 a (new)
Article 20 – paragraph 7 a (new)
Amendment 62 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 15 – point a a (new)
Article 1 – point 15 – point a a (new)
Directive 2002/22/EC
Article 25 – paragraph 1
Article 25 – paragraph 1
(aa) Article 25(1) is replaced by the following: "1. Member States shall ensure that all end-users of electronic communications networks and services either automatically have their information included in directory databases or are expressly asked at the moment of requesting the service, and at regular intervals thereafter, whether and how they wish relevant information to be included in directory databases. End users shall also be offered the option of having certain information included in the database but not disclosed to users of directory services."
Amendment 63 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 15 – point b
Article 1 – point 15 – point b
Directive 2002/22/EC
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that all end- users provided with a publicly available telephof an electronic communicationes service can access directory enquiry services in accordance with Article 5(1)(b) and that operators controlling the access to such services provide access services on terms which are fair, cost-oriented, objective, non-discriminatory and transparent.
Amendment 64 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 15 – point b a (new)
Article 1 – point 15 – point b a (new)
Directive 2002/22/EC
Article 25 – paragraph 4
Article 25 – paragraph 4
(ba) Article 25(4) is replaced by the following: "4. Member States shall not maintain any regulatory restrictions which prevent end-users in one Member State from accessing directly the directory enquiry services in another Member State, by voice call or SMS, and shall take measures to ensure such access pursuant to Article 28 of this Directive.
Amendment 84 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 – point 4 c (new)
Article 2 – point 4 c (new)
Directive 2002/58/EC
Article 12 – paragraph 2
Article 12 – paragraph 2
(4c) Article 12(2) is replaced by the following: "2. Member States shall ensure that where the inclusion of personal data relating to end-users of electronic communications networks and services in directory databases is automatic, end- users are provided the effective opportunity to remove or limit such data and, where it is not, they be expressly asked at the moment of requesting the service, and at regular intervals thereafter, whether and how they wish personal data to be included in directory databases. End-users shall also be offered the option of having information included in the database but not disclosed to users of directory services, and to verify, correct or withdraw such data. Not being included in a public subscriber directory, verifying, correcting or withdrawing personal data from it shall be free of charge."
Amendment 80 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 1 - point (a)
Article 2 c – paragraph 1 - point (a)
(a) technical and market codeopinions and recommendations ion the areas mentioned in paragraph 3draft guidelines and draft codes referred to in Article 2e;
Amendment 91 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 2
Article 2 c – paragraph 2
2. The annual work programme referred to in paragraph 1(d) shall contain a list and description of the technical and market codescodes developed in accordance with Article 2eb, a plan on coordination ofmmon operation of the network and research and development activities, to be drawn up in that year and an indicative calendar.
Amendment 99 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 3
Article 2 c – paragraph 3
Amendment 109 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 4
Article 2 c – paragraph 4
4. The European Network of Transmission System Operators for Gas shall monitor the implementation of the technical and market codes and include the results of its monitoring activities in the annual report referred to in paragraph 1(e)Agency shall monitor the implementation of the codes by the European Network of Transmission System Operators for Gas.
Amendment 124 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 6
Article 2 c – paragraph 6
Amendment 134 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 d – paragraph 2 – subparagraph 1
Article 2 d – paragraph 2 – subparagraph 1
2. The European Network of Transmission System Operators for Electricity shall submit the draft technical and market codes,its opinions and recommendations on the guidelines and the draft codes, as well as the draft 10-year investment plan and the draft annual work programme, including the information regarding the related consultation processes, to the Agency.
Amendment 143 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e
Article 2 e
Amendment 162 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e a (new)
Article 2 e a (new)
Amendment 163 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e b (new)
Article 2 e b (new)
Article 2eb Development of codes 1. On adoption of the guidelines in accordance with Article 2ea, the Commission shall mandate ENTSOG to develop within six months draft codes, fully complying with the principles established in the guidelines. 2. In the drafting of these codes ENTSOG shall take into consideration technical expertise from market participants and shall keep them informed. 3 ENTSOG shall submit the draft codes to the Agency. 4. The Agency shall consult on the draft codes extensively in an open and transparent manner. 5. On the basis of the consultation, the Agency shall finalize and adopt the draft. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft codes or justify their rejection. 6. On the initiative of the Agency or at the request of the ENTSOG, the existing codes may be revised following the same procedure
Amendment 167 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 1
Article 2 f – paragraph 1
1. In carrying out its tasks, the European Network of Transmission System Operators for GasAgency shall consult extensively, at an early stage and in an open and transparent manner, in particular while preparing the technical and market codes and its annual work programme referred to in Article 2c(1) and (3), with all appropriate market participants; the consultation shall include supply undertakings, customers, system users, distribution system operators, LNG system operators and storage system operators, including relevant (industry) associations, technical bodies and stakeholder platforms.
Amendment 172 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 3
Article 2 f – paragraph 3
3. Before adopting the annual work programme and the technical and market codes referred to in Article 2c(1) and (3), the European Network of Transmission System Operators for Gasguidelines and codes, the Agency shall indicate the observations received in the consultation and how these observations are taken into consideration. It shall give a reasoned opinion where observations have not been taken into account.
Amendment 256 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 13 a (new)
Article 1 – point 13 a (new)
Regulation (EC) No 1775/2005
Article 9 – title
Article 9 – title
(13a) The title of Article 9 is replaced by the following: "Guidelines relating to the inter- transmission system operator compensation mechanism"
Amendment 262 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
Amendment 53 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2c – paragraph 4
Article 2c – paragraph 4
4. The Agency shall monitor the implementation of the codes by the European Network of Transmission System Operators for Electricity shall monitor the implementation of the technical and market codes and include the results of its monitoring activities in the annual report referred to in paragraph 1(e).
Amendment 86 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2 e a (new)
Article 2 e a (new)
Article 2ea Development of guidelines 1. The Commission shall, after consultation with the Agency, establish an annual priority list identifying issues of prime importance for the development of the internal market in electricity. 2. Having regard to the priority list, the Commission shall mandate the Agency to develop within no more than six months draft guidelines setting basic, clear and objective principles for the harmonisation of rules, as set out under Article 2c . 3. In the drafting of these guidelines, the Agency shall consult extensively in an open and transparent manner and shall keep ENTSO and other stakeholders informed. 4. The Agency shall finalize the draft guidelines on the basis of the consultation. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft of the guidelines or justify their rejection. 5. The Commission shall submit the draft guidelines to the Committee referred to in Article 13(1) for their final adoption in accordance with the procedure referred to in Article 13(2). 6. The Commission, at its own initiative or upon request of the Agency, may initiate the same procedure for the up-dating of guidelines.
Amendment 88 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2 e b (new)
Article 2 e b (new)
Article 2eb Development of codes 1. On adoption of the guidelines in accordance with Article 2ea, the Commission shall mandate ENTSO to develop within six months draft codes, fully complying with the principles established in the guidelines. 2. In the drafting of these codes ENTSO shall take into consideration technical expertise from market participants and shall keep them informed. 3. ENTSO shall submit the draft codes to the Agency. 4. The Agency shall consult on the draft codes extensively in an open and transparent manner. 5. On the basis of the consultation, the Agency shall finalize and adopt the draft codes. It shall make public all observations received, unless confidential, and explain how they have been taken into consideration in the final draft codes or justify their rejection. 6. On the Agency own initiative or at the request of the ENTSO, a revision of the existing codes may be undertaken following the same procedure.
Amendment 149 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1228/2003
Article 8 – paragraph 3 – point h
Article 8 – paragraph 3 – point h
Amendment 85 #
2007/0197(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Agency may provide an opinion toshall approve the 10-year investment plan of the European Networks of Transmission System Operators for Electricity as provided fornd Gas, referred to in Article 2d(2)c of Regulation (EC) No 1228/2003 and to the European Network of Transmission System Operators for Gas as provided for in Article 2d(2)c of Regulation (EC) No 1775/2005 on the technical or market codes, on the draft annual work programme and the draft 10-year investment plan, ensuring non-discrimination, effective competition and the efficient and secure functioning of the market.
Amendment 96 #
2007/0197(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The Agency, having regard to the priority list drawn up by the Commission, shall, at the request of the Commission, develop draft guidelines to be followed by the ENTSOs in the preparation of codes and other tasks set out under Article 2c of Regulation (EC) No 1228/2003 and in Article 2c of Regulation (EC) No 1775/2005. In the drafting of the above mentioned guidelines the agency shall consult extensively. The Agency shall submit the draft guidelines to the Commission which shall submit them to the Committee referred to in Article 13 (1) for their final adoption in accordance with the procedure referred to in Article 13(2) of Regulation(EC) No 1228/2003 and in Art.13(2) of Regulation (EC) No 1775/2005. The ENTSOs shall prepare draft codes in a way that meets the objectives and any criteria set out in the Guidelines as adopted according to the above mentioned procedure. The Agency shall finalize and adopt the draft codes prepared by ENTSOs and shall be responsible also for monitoring their implementation by the ENTOs.
Amendment 137 #
2007/0197(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Time limit for decisions on exemptions If the Agency doesn’t adopt a decision in the matters where the Agency has, according to Art. 8 of this Regulation, binding powers, within the maximum time-limit of three months from the date of the request by the interested parties, the decision shall be taken by the European Commission.