20 Amendments of Mary HONEYBALL related to 2007/0247(COD)
Amendment 123 #
Recital 19 b (new)
(19b) In order to contribute to the fulfilment of the objectives laid down in Article 8a of Directive 2002/21/EC (Framework Directive), a spectrum summit should be convened in 2010, driven by Member States and including the European Parliament, the Commission and all stakeholders. The summit should in particular contribute to ensuring greater consistency in EU spectrum policies.
Amendment 127 #
Recital 26
(26) Flexibility in spectrum management and access to spectrum should be increased through technology- and service-neutral authorisations to allowlet spectrum users to, choose the best technologies and services to apply in frequency bands available to electronic communications services as identified in national frequency allocation tables and in the ITU Radio Regulations (the "principles of technology and service neutrality"). The administrative determination of technologies and services should apply when general interest objectives are at stake and should be clearly justified and subject to regular periodic review.
Amendment 131 #
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
(19a) Although spectrum management remains within the competence of the Member States, coordination and, where appropriate, harmonisation at Community level can help ensure that spectrum users derive the full benefits of the internal market and that EU interests can be effectively defended world-wide.
Amendment 136 #
Article 1 – point 8 – point g
Directive 2002/21/EC
Article 8 – paragraph 5 – point a
Article 8 – paragraph 5 – point a
(a) promoting regulatory predictability by ensuring that regulatory conditions are applied over a sufficient period;
Amendment 171 #
Proposal for a directive – amending act
Recital 43
Recital 43
(43) The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the vertically integrated operator’s own downstream divisions. Functional separation has the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier for compliance with non- discrimination obligations to be verified and enforced. In exceptional cases, it may be justified as a remedy where there has been persistent failure toit would support in achieveing effective non- discrimination in several of the markets concerned, and where there is little or no prospect of infrastructureffective competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinated analysis of different relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When performing the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.
Amendment 192 #
Proposal for a directive – amending act
Recital 50
Recital 50
Amendment 199 #
Proposal for a directive – amending act
Recital 59
Recital 59
(59) Measures necessary for the implementation of the Framework, Access and Authorisation Directives should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. Measures which may have a negative impact on cultural and media policy objectives, as defined by Member States, should not be taken by the European Commission in the form of implementing measures. Or. en Justification
Amendment 279 #
Proposal for a directive – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 2002/21/EC
Article -7a (new)
Article -7a (new)
(6a) The following Article is inserted: "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 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 simple majority, 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. The Commission may, taking utmost account of this opinion, adopt a recommendation that the national regulatory authority concerned amend the draft measure, and may provide specific proposals to that end. The national regulatory authority must take the utmost account of this recommendation. In the event that the national regulatory authority does not follow the recommendation, it shall provide a reasoned explanation for so doing."
Amendment 287 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/21/EC
Article 7a - paragraph 1
Article 7a - paragraph 1
1. The Commission may lay down implementing provision, taking utmost account of the opinion of BERT, shall have the power to lay down recommendations and/or guidelines in relation to Article 7 that define the form, content and level of details to be given in the notifications required in accordance with Article 7(3), the circumstances in which notifications would not be required, and the calculation of the time limits.
Amendment 314 #
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2002/21/EC
Article 8a (new)
Article 8a (new)
Amendment 406 #
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 1
Article 9b – paragraph 1 – subparagraph 1
1. Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of , provided that such transfer or lease is in accordance withe national regulatory authorityprocedures.
Amendment 550 #
Proposal for a directive – amending act
Article 1 – point 15 – point a
Article 1 – point 15 – point a
Directive 2002/21/EC
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Amendment 580 #
Proposal for a directive – amending act
Article 1 – point 17 – point c
Article 1 – point 17 – point c
Directive 2002/21/EC
Article 16 – paragraph 7 – subparagraph 2
Article 16 – paragraph 7 – subparagraph 2
Amendment 624 #
Proposal for a directive – amending act
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Directive 2002/19/EC
Article 2 – point e
Article 2 – point e
(1a) In Article 2, point (e) is replaced by the following: "(e) "local loop" means the physical circuit connecting the network termination point [...] to a distribution frame or equivalent facility in the fixed public electronic communications network, where the connection can technically be accessed."
Amendment 699 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – subparagraph 1 – introductory wording
Article 13a – paragraph 2 – subparagraph 1 – introductory wording
2. When a national regulatory authority intends to impose an obligation for functional separation, it shall submit a requestproposal to the Commission that includes.
Amendment 702 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point a
Article 13a – paragraph 2 – point a
(a) evidence that the imposition of appropriate obligations amongst those identified in Articles 9-13 to achieve effective competition following a co-ordinated analysis of the relevant markets in accordance with the market analysis procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) has failed and would fail on a persistent basis to achieve effective competition and that there are important and persisting competition problems/market failuris measure would constitute the most effective and efficient means of enforcing remedies identified in several of these product marketssigned to address that failure.
Amendment 706 #
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point b
Article 13a – paragraph 2 – point b
(b) an analysis of the costs and benefits of the measure, including its expected impact on the regulatory authority, on the undertaking, and on its incentives to invest in its network, and on other stakeholders including in particular the expected impact on infrastructure competition and any potential entailing effects onnvestment, competition and consumers;
Amendment 812 #
Proposal for a directive – amending act
Article 3 – point 9a (new)
Article 3 – point 9a (new)
Directive 2002/20/EC
Article 11 – paragraph 1 – subparagraph 1 – point fa (new)
Article 11 – paragraph 1 – subparagraph 1 – point fa (new)
(9a) In Article 11, paragraph 1, subparagraph 1, the following point is added: "(fa) encouraging the efficient use and ensuring the effective management of radio frequencies."
Amendment 826 #
Proposal for a directive – amending act
Annex I – point 4a (new)
Annex I – point 4a (new)
Directive 2002/20/EC
Annex I – part C – point 1
Annex I – part C – point 1
(4a) In Part C, point 1 is replaced by the following: "1. Designations of service for which the number shall be used, including any requirements linked to the provision of that service and, for the avoidance of doubt, tariff principles and maximum prices that can apply to specific number ranges for the purposes of ensuring consumer protection in accordance with Article 8(4)(b) of Directive 2002/21/EC (Framework Directive)."
Amendment 829 #
Proposal for a directive – amending act
Annex II
Annex II
Directive 2002/20/EC
Annex II – point 1 – point d
Annex II – point 1 – point d
(d) the method of determining usage fees for the right of use of the radio frequencies, without prejudice to systems defined by Member States where the obligation to pay usage fees is replaced by an obligation to fulfil specific general interest objectives;