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Activities of Emma McCLARKIN related to 2016/0286(COD)

Shadow opinions (1)

OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Body of European Regulators for Electronic Communications
2016/11/22
Committee: IMCO
Dossiers: 2016/0286(COD)
Documents: PDF(961 KB) DOC(149 KB)

Amendments (76)

Amendment 24 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Recital 7
(7) BEREC and the BEREC Office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications. Notwithstanding, there are still significant disparities between Member States as regards regulatory practice. Moreover, the governance structure of BEREC and the BEREC Office is cumbersome and gives rise to unnecessary administrative burden. In order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the Union as well as to the promotion of access to, and take-up of, very high capacity data connectivity, competition in the provision of electronic communications networks, services and associated facilities and the interests of the citizens of the Union, this regulation aims to strengthen the role of BEREC and the BEREC Office and enhance itstheir governance structure by establishing BEREC as a Union decentralised agency. This also corresponds to the need to reflect the significantly enhanced role played by BEREC following Regulation (EC) No 531/2012 which establishes tasks for BEREC in relation to Union-wide roaming, Regulation (EU) No 2015/2120 which establishes tasks for BEREC in relation to open internet access and Union-wide roaming, and the Directive which establishes a significant number of new tasks for BEREC such as issuing decisions and guidelines on several topics, reporting on technical matters, keeping registers and delivering opinions on internal market procedures for draft national measures on market regulation as well as on assignments of rights of use for radio spectrum, Regulation (EU) No 2015/2120 and Directive [...] ('Electronic Communications Code').
2017/04/03
Committee: CULT
Amendment 27 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Recital 8
(8) The need for the regulatory framework for electronic communications to be consistently applied in all Member States is essential for the successful development of an internal market for electronic communications throughout the Union and the promotion of access to, and take-up of, very high capacity data connectivity, of competition in the provision of electronic communications networks, services and associated facilities and of the interests of the citizens of the Union. In view of market and technological developments, which often entails an increased cross-border dimension, and to the experience so far in ensuring a consistent implementation in the electronic communications field, it is necessary to build on the work of BEREC and the BEREC Office and further develop them into a fully-fledged agencywell-established governance structure composed of BEREC and the BEREC Office.
2017/04/03
Committee: CULT
Amendment 28 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Recital 9
(9) The agency should be governed and operated in line with the principles of the Joint Statement of the European Parliament, the Council and the European Commission of 19 July 2012 on decentralised agencies (‘Common Approach’)28 . Due to the established image of BEREC and the costs that a modification of its name would entail, the new agency should retain the name of BEREC. _________________ 28Joint Statement of the Parliament, Council and the Commission on decentralised agencies of 19 July 2012.deleted
2017/04/03
Committee: CULT
Amendment 29 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Recital 9 a (new)
(9a) The BEREC Office should be independent as regards operational and technical matters and should enjoy legal, administrative and financial autonomy. To that end, it is necessary and appropriate that it should be a body of the Union having legal personality and exercising the powers conferred upon it. As a decentralised Union agency, the BEREC Office should operate within its mandate and the existing institutional framework. It should not be seen as representing a Union position to an outside audience or as committing the Union to legal obligations.
2017/04/03
Committee: CULT
Amendment 30 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Recital 10
(10) The tasks of BEREC, as a technical body with expertise on electronic communications and composed of representatives from NRAs and the Commission, is best placed to be entrusted wiare without prejudice to the tasks such as deciding on certain issues witestablished for NRAs, which are crloss-border dimension, contributing to efficient internal market procedures for draft national measures (both as regards market regulation and assignments of rights of use for radio spectrum), providing the necessary guidelines to NRAs in order to ensure common criteria and a consistent regulatory approach, and keeping certain registries at Union level. This is without prejudice to the tasks established for NRAs, which are closest to the electronic communicest to the electronic communications markets and their local conditions. In order to carry out its tasks, BEREC should continue to pool expertise from the NRAs. To make BEREC more powerful and more representative and to safeguard expertise, experience and knowledge of the specific situation from variety of nationsal markets and their local conditions. In order to carry out its tasks, the agency would require adequate financial and human resources and would also continue the pooling of expertise from NRA, each Member State should ensure that its NRA has adequate financial and human resources required to participate in the work of BEREC, in particular in the work of the Working Groups and chairmanship of the Board of Regulators.
2017/04/03
Committee: CULT
Amendment 32 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Recital 11 a (new)
(11a) The organisational structures of BEREC and of the BEREC Office should be streamlined and suitable for the tasks they are to perform. Taking into account settled procedures and new set of tasks assigned to BEREC, it is necessary to make minor changes in the organisation with a view to strengthening the effectiveness of both BEREC and the BEREC Office.
2017/04/03
Committee: CULT
Amendment 33 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Recital 12
(12) Compared to the situation in the past where both a Board of Regulators and a Management Committee were running in parallel, having a single board giving general orientations for the activities of BEREC, deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency, coherence and performance of the agency. To this end, the Management Board should carry the relevantThe Management Board should carry the relevant administrative and budgetary management matters functions and should consist, in addition of two representatives of the Commission, of the Head, or otherwise a member of the collegiate body, of each NRA, who and of a re protected by dismissal requirementsesentative of the Commission.
2017/04/03
Committee: CULT
Amendment 40 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Recital 16 a (new)
(16a) BEREC should be composed of the Board of Regulators, which is supported by the Contact Network and the Working Groups. The existing model of chairmanship of the Board of Regulators, based on a 'Troika' system of annual rotation of Chairs and Vice-Chairs, has helped to ensure continuity of BEREC's work and has thus contributed to the smooth operation of the Board of Regulators. An appointee as Chair must first serve a one-year term as Vice-Chair, followed by a one-year term as Chair, and thereafter, where possible, a further one- year term as Vice-Chair.
2017/04/03
Committee: CULT
Amendment 42 #
Andrew LEWER, Emma McCLARKIN, Angel DZHAMBAZKI
Proposal for a regulation
Recital 17 a (new)
(17a) Experience has shown the usefulness of an intermediate level between the Working Groups and Board of Regulators. The Contact Network should prepare documents for the plenary meetings of the Board of Regulators.
2017/04/03
Committee: CULT
Amendment 43 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Recital 17 b (new)
(17b) The BEREC Office should provide all necessary professional and administrative support, including financial, organisational and logistical support, for the work of BEREC, such as preparation of agendas and minutes, reimbursement of the travel costs as well as, where necessary, the costs relating to the meetings of the Board of Regulators, Contact Network and Working Groups, workshops and other meetings, financing of studies and communication activities.
2017/04/03
Committee: CULT
Amendment 44 #
Andrew LEWER, Emma McCLARKIN, Angel DZHAMBAZKI
Proposal for a regulation
Recital 21
(21) BEREC should be independent as regards operational and technical matters and should enjoy legal, administrative and financial autonomy. To that end, it is necessary and appropriate that BEREC should be a body of the Union having legal personality and exercising the powers conferred upon it.deleted
2017/04/03
Committee: CULT
Amendment 46 #
Andrew LEWER, Emma McCLARKIN, Angel DZHAMBAZKI
Proposal for a regulation
Recital 22
(22) As a Union decentralised agency, BEREC should operate within its mandate and the existing institutional framework. It should not be seen as representing a Union position to an outside audience or as committing the Union to legal obligations.deleted
2017/04/03
Committee: CULT
Amendment 48 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Recital 23
(23) In order to further extend the consistent implementation of the provisions of the regulatory framework for electronic communications within the scope of BEREC, the new agency, BEREC and the BEREC Office should be open to the participation of regulatory authoritieNRAs of third countries competent in the field of electronic communications that have entered into agreements with the Union to that effect, in particular those of EEA EFTA States and candidate countries.
2017/04/03
Committee: CULT
Amendment 54 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Recital 28
(28) The BEREC Office, which was established as a Community body with legal personality by Regulation (EC) No 1211/2009, is succeeded by BEREC as regards all ownership, agreements, legal obligIn order to ensure continuity in the work of BEREC and the BEREC Office, it is necessary that their representationves, employment contracts, financial commitments and liabilities. BEREC should take over the staff of the BEREC Officnamely the Executive Manager and Chair and Vice-Chairs of the Board of Regulators and Management Committee, serve for the whosle rights and obligations should not be affected,period of their current term of office.
2017/04/03
Committee: CULT
Amendment 57 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 1 – paragraph 1
1. The Body of European Regulators for Electronic Communications (‘'BEREC’') isand the 'BEREC Office' are hereby established.
2017/04/03
Committee: CULT
Amendment 62 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 1 – paragraph 3 a (new)
3a. BEREC shall carry out its tasks independently, impartially and transparently.
2017/04/03
Committee: CULT
Amendment 64 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 1 – paragraph 3 b (new)
3b. BEREC shall draw upon expertise available in the NRAs. Each Member State shall ensure that its NRAs have adequate financial and human resources to participate in the work of BEREC.
2017/04/03
Committee: CULT
Amendment 67 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) assist, advise and cooperate with the Commission as well as NRAs, on request or on its own initiative, on any technical matter within its mandate, and assist and advise the European Parliament and the Council on request, including by means of reports, and cooperate with the NRAs and the Commission, on request or on its own initiative, on any matter regarding electronic communications within its competence;
2017/04/03
Committee: CULT
Amendment 70 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
(aa) assist and advise, including by means of reports, the European Parliament and the Council, following a reasoned request or on its own initiative, on any matter regarding electronic communications within its competence;
2017/04/03
Committee: CULT
Amendment 71 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
(ab) assist, on request, the NRAs, the European Parliament, the Council and the Commission, with regard to their relationship, discussions and exchanges with third parties, and assist the NRAs and the Commission in the dissemination of regulatory best practices to third parties;
2017/04/03
Committee: CULT
Amendment 74 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point a c (new)
(ac) promote cooperation among the NRAs, and between the NRAs and the Commission;
2017/04/03
Committee: CULT
Amendment 75 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point a d (new)
(ad) issue recommendations and disseminate regulatory best practices addressed to the NRAs in order to encourage consistent implementation of the regulatory framework for electronic communications;
2017/04/03
Committee: CULT
Amendment 78 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point a e (new)
(ae) assist the Commission, where relevant, as a consultative body in relation to the preparation and adoption of legal acts in the field of electronic communications;
2017/04/03
Committee: CULT
Amendment 79 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point a f (new)
(af) carry out tasks conferred on it by legal acts of the Union in particular by Directive [...]('Electronic Communications Code'), Regulation (EC) No 531/2012 and Regulation (EU) No 2015/2120.
2017/04/03
Committee: CULT
Amendment 82 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) issue decisions: – transnational markets in accordance with Article 63 of the Directive; – on a contract summary template in accordance with Article 95 of the Directive;deleted on the identification of
2017/04/03
Committee: CULT
Amendment 83 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) develop an economic model in order to assist the Commission in determining the maximum termination rates in the Union in accordance with Article 73 of the Directive;deleted
2017/04/03
Committee: CULT
Amendment 87 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) issue opinions as referred to in the Directive and Regulation (EU) No 531/2012, in particular: – on the resolution of cross-border disputes in accordance with Article 27 of the Directive; – to the internal market procedures for market regulation in accordance with Articles 32, 33 and 66 of the Directive; – to the internal market procedures for radio spectrum peer review in accordance with Article 35 of the Directive; – recommendations on harmonisation in accordance with Article 38 of the Directive;deleted on draft national measures related on draft national measures related on draft decisions and
2017/04/03
Committee: CULT
Amendment 90 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point e
(e) issue guidelines as referred to in the Directive, Regulation (EC) No 531/2012 and Regulation (EU) No 2015/2120: – obligatideleted on the implementation of NRAs’ on commons as regards geographical surveys in accordance with Article 22 of the Directive; – identification of the network termination point in different network topologies in accordance with Article 59pproaches to the on common approaches to meet ofn the Directive; – transnational end-user demand in accordance with Article 64 of the Directive; – reference offer in accordance with Article 67 of the Directive; – model to be applied by NRAs when setting maximum symmetric termination rates in accordance with Article 73 of the Directive; – assessment of the ability to manage numbering resources and the risk of exhaustion of numbering resources in accordance with Article 87 of the Directive; – parameters and the applicable measurement methods in accordance with Article 97minimum criteria for a on the technical details of the cost on common criteria for the on relevant quality of service ofn the Directive; – obligations as regards open internet access in accordance with Article 5 of Regulation (EU) No 2015/2120; – accordance with Article 3 of Regulation (EU) No 531/2012;implementation of NRAs’ on wholesale roaming access in
2017/04/03
Committee: CULT
Amendment 93 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 2
2. BEREC shall also carry out the following tasks: (a) monitor and coordinate the action of NRAs in applying Regulation (EU) No 531/2012, in particular as regards the provision of regulated retail roaming services at domestic prices in the interests of end-users; (b) report on technical matters within its competence, in particular: – opinions and guidelines referred to in Article 2(1)(d) and 2(1)(e); – between interpersonal communications services, threat to effective access to emergency services or to end-to-end connectivity between end-users in accordance with Article 59 of the Directive; – wholesale charges for roaming services and on transparency and comparability of tariffs in accordance with Article 19 of Regulation (EU) No 531/2012; – reports that NRAs shall provide in accordance with Article 5 of Regulation (EU) No 2015/2120, through the publication of an annual synthesis report. (c) practices addressed to the NRAs in order to encourage consistent impledeleted on the practical application of the on the level of interoperability on the evolution of retail and on the outcomes of the annual issue recommentdation on any technical matter within its mandate; (d) – communications networks and services in accordance with Article 12 of the Directive. BEREC shall also issue standardised declarations on notifications by undertakings in accordance with Article 14 of the Directive; – extraterritorial use in accordance with Article 87 of the Directive; (e) it by legal acts of the Union in particular by the Directive, Regulation (EC) No 531/2012 and Regulation (EU) No 2015/2120. best keep a register of: undertakings providing electronic numbers with a right of carry out other tasks conferred on
2017/04/03
Committee: CULT
Amendment 97 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 2 a (new)
2a. BEREC may, upon a reasoned request from the Commission, take on other specific tasks necessary for the accomplishment of its role in accordance with Article 1(2).
2017/04/03
Committee: CULT
Amendment 98 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
2b. Composition of the Board of Regulators 1. The Board of Regulators shall be composed of one member for each Member State. That person shall be the head or other high-level representative of the NRA established in the Member State with primary responsibility for overseeing the day-to-day operation of the markets for electronic communications networks and services. In Member States with more than one NRA in accordance with Directive [...] ('Electronic Communications Code'), those NRAs shall agree on a common representative and the necessary coordination between the NRAs shall be ensured. 2. When carrying out the tasks conferred upon it by this Regulation, the Board of Regulators shall act independently. The members of the Board of Regulators shall neither seek nor accept any instruction from any government, from the Commission, or from any other public or private entity. 3. The NRAs shall nominate one high-level alternates as member for each Member State. 4. The Commission shall attend the meetings of the Board of Regulators as an observer and shall be represented at an appropriately high level. 5. Any third-country regulatory authorities that are invited by the Board of Regulators shall have observer status and shall be represented at an appropriately high level. 6. The Board of Regulators may invite any person whose opinion may be of interest to attend its meetings on a case-by-case basis as an observer.
2017/04/03
Committee: CULT
Amendment 100 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 2 c (new)
2c. Tasks of the Board of Regulators 1. The Board of Regulators shall fulfil the tasks of BEREC set out in Article 2 and shall take all decisions relating to the organisation of the work of BEREC. 2. The Board of Regulators may adopt decisions unanimously on behalf of BEREC with regard to other specific tasks referred to in Article 2(2a). 3. The Board of Regulators shall adopt, on behalf of BEREC, the special provisions on the right of access to documents held by BEREC, in accordance with Article 27. 4. The Board of Regulators shall give guidance to the BEREC Office regarding its professional and administrative support to BEREC. 5. The Board of Regulators shall, after consulting interested parties in accordance with Article 2(4a), adopt BEREC's annual work programme before the end of the year preceding that to which the work programme relates. The Board of Regulators shall transmit the annual work programme to the European Parliament, the Council and to the Commission as soon as it is adopted. 6. The Board of Regulators shall adopt BEREC's annual activity report and shall submit it to the European Parliament, the Council, the Commission and the European Economic and Social Committee by 15 June each year. 7. The European Parliament may invite, while fully respecting his independence, the Chair or a Vice-Chair of the Board of Regulators to make a statement before its competent committee on relevant issues relating to BEREC's activities and answer questions put by the members of the European Parliament.
2017/04/03
Committee: CULT
Amendment 103 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 2 e (new)
2e. Functioning of the Working Groups 1. Where justified and in particular to implement BEREC's annual work programme, the Board of Regulators may set up the necessary Working Groups. 2. The members of the expert Working Groups shall be designated by the NRAs, the Commission, the BEREC Office and third-country regulatory authorities that participate as observers in the work of Board of Regulators. The Board of Regulators may invite individual experts recognised as competent in the relevant field to participate in the Working Groups if necessary on a case-by-case basis. 3. Where appropriate to safeguard the independence of BEREC or to avoid the conflict of interest, the Co-Chairs may decide that certain items are to be discussed in the absence of the experts of the Commission, third-country regulatory authorities and other invited bodies. 4. The Board of Regulators shall appoint two Co-Chairs from different NRAs to each Working Group unless exceptional and temporary circumstances warrant otherwise. 5. The Board of Regulators shall adopt rules of procedure laying down the practical arrangements for the operation of the Working Groups.
2017/04/03
Committee: CULT
Amendment 104 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 2 g (new)
2g. The BEREC Office shall, in particular, have the following tasks: (a) to provide professional and administrative support services to BEREC; (b) to collect information from NRAs and exchange and transmit information in relation to the tasks of BEREC set out in Article 2; (c) to disseminate regulatory best practices among NRAs, in accordance with point ad of Article 2(1); (d) to assist in the preparation of the work and provide other support to ensure the smooth functioning of the of the Board of Regulators, the Contact Network and the Working Groups. (e) to participate in the technical activities of the Working Groups upon decision by their Co-Chairs; (f) to assist in the preparation and provide other support to ensure the smooth functioning of the Management Board; (g) to assist BEREC in public consultations.
2017/04/03
Committee: CULT
Amendment 107 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 4
4. In so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks, BEREC may, where appropriate, consult the relevant NRAs and cooperate with competent Union bodies, agencies, offices and advisory groups, with competent authorities of third countries and/or with international organisations, in accordance to Article 26.
2017/04/03
Committee: CULT
Amendment 109 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 4 a (new)
4a. BEREC may, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. BEREC shall, without prejudice to Article 28, make the results of such consultations publicly available.
2017/04/03
Committee: CULT
Amendment 111 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. The administrative and management structure of the BEREC Office shall comprise:
2017/04/03
Committee: CULT
Amendment 113 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
– an Executive Director, which shall exercise the responsibilities set out in Article 9;
2017/04/03
Committee: CULT
Amendment 114 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 3 – paragraph 1 – indent 3
– Working Groups;deleted
2017/04/03
Committee: CULT
Amendment 115 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 3 – paragraph 1 – indent 4
– a Board of Appeal.deleted
2017/04/03
Committee: CULT
Amendment 116 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
The Management Board shall be composed of one representativemember from each Member State and twoone representatives of the Commission, all with voting rights. Each NRA shall be responsible for nominating its respective representative amongst the Head or members of the collegiate bodyother high-level representative of the NRA.
2017/04/03
Committee: CULT
Amendment 121 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) adopt rules for the prevention and management of conflicts of interest as referred to in Article 31, as well as in respect of members of the Board of Appeal;
2017/04/03
Committee: CULT
Amendment 122 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 5 – paragraph 1 – point o
(o) appoint the members of the Board(s) of Appeal;deleted
2017/04/03
Committee: CULT
Amendment 123 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 6 – paragraph 3
3. The term of office of the Chairperson and the Deputy Chairperson shall be four years, with the exception of the first term of office of the Deputy Chairperson elected after the entry into force of this regulation which shall be two yearsone year. Their term of office may be renewed once.
2017/04/03
Committee: CULT
Amendment 126 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 9 a (new)
Article 9a Appointment of the Director 1. The Director shall be appointed by the Management Board, following an open and transparent selection procedure, on the basis of merit, management skills and the skills and experience relevant to electronic communications networks and services. For the purpose of concluding the contract with the Director, the BEREC Office shall be represented by the Chairperson of the Management Board. Before appointment, the suitability of the candidate selected by the Management Board may be subject to a non-binding opinion of the European Parliament. To that end, the competent committee of the European Parliament may invite the candidate selected by the Management Board to make a statement before its competent committee and to answer questions put by its members. 2. The term of office of the Director shall be three years. By the end of that period, the Management Board shall undertake an assessment that takes into account an evaluation of the Director's performance and BEREC's tasks and challenges. 3. The Management Board, taking into account the assessment referred to in paragraph 2, may extend the Director's term of office once, for no more than six years. 4. The Management Board shall inform the European Parliament if it intends to extend the Director's term of office. Within one month before any such intended extension, the Management Board may be subject to a non-binding opinion of the European Parliament. To that end, the Director may be invited to make a statement before the competent committee of the European Parliament and to answer questions put by its members. 5. A Director whose term of office has been extended shall not participate in another selection procedure for the same post at the end of the overall period. 6. Where the Director's term of office is not extended, he or she shall remain in office until the appointment of a successor. 7. The Director may be removed from office only upon a decision of the Management Board acting on a proposal from one-third of its members. 8. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Director on the basis of a two-thirds majority of its members with voting rights.
2017/04/03
Committee: CULT
Amendment 128 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Chapter 2 – section 3
working groups Functioning of the working groups 1. Where justified and in particular to implement the work programme of BEREC, the Management Board, may set up the necessary working groups. 2. The Management Board shall appoint the members of the working groups, which may be participated in by experts from the NRAs, the Commission, BEREC staff and the NRAs of third countries participating in the work of BEREC. In the case of the working groups which are set up to carry out the tasks referred to in the third indent of Article 2(1)(d), their members shall be appointed from the lists of qualified experts provided by the NRAs, the Commission and the Executive Director. In the case of the working groups which are set up to carry out the tasks referred to in the second indent of Article 2(1)(d), their members shall be appointed exclusively from the lists of qualified experts provided by the NRAs and the Executive Director. The Management Board may invite individual experts recognised as competent in the relevant field to participate in the working groups if necessary on a case-by-case basis. 3. coordinated and moderated by a member of the staff ofdeleted The working groups shall be The Management Board shall BEREC, who shall be designated according to the internal rules of procedure. 4. adopt internal rules of procedure laying down the practical arrangements for the operation of the working groups. 5. the working groups.provide support to
2017/04/03
Committee: CULT
Amendment 139 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 24 – paragraph 1
1. The BEREC shall be a body of the Union. ItOffice shall have legal personality.
2017/04/03
Committee: CULT
Amendment 140 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 24 – paragraph 2
2. In each of the Member States the BEREC Office shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire and dispose of movable and immovable property and be party to legal proceedings.
2017/04/03
Committee: CULT
Amendment 141 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 24 – paragraph 3
3. The BEREC Office shall be represented by the Executive Director.
2017/04/03
Committee: CULT
Amendment 144 #
Andrew LEWER, Angel DZHAMBAZKI, Emma McCLARKIN
Proposal for a regulation
Article 36
1. The Commission shall be assisted by a Committee (‘the Communications Committee’). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 3. Where the opinion of the committee is to be obtained by a written procedure, the procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides.Article 36 deleted Committee
2017/04/03
Committee: CULT
Amendment 209 #
Emma McCLARKIN
Proposal for a regulation
Recital 4
(4) BEREC and the Office (‘'BEREC Office’') were established by Regulation (EC) No 1211/2009 of the European Parliament and of the Council25 . BEREC replaced the European Regulators Group (‘'ERG’')26 and was meant to contribute to the development and better functioning of the internal market for electronic communications networks and services by aiming to ensure a consistent implementation of the regulatory framework for electronic communications. The BEREC Office was establiswas neithedr as a Community body with legal personality to carry out the tasks referred to i Union agency nor did it have legal personality. It acted as an exclusive forum for cooperation among NRAs, and between NRAs and the Commission, in the exercise of the full range of their responsibilities under the Union Rregulation (EC) No 1211/2009, in particular the provision of professional and administrative support services to BERECory framework. BEREC was established to provide expertise and establish confidence by virtue of its independence, the quality of its advice and information, the transparency of its procedures and methods of operation, and its diligence in performing its tasks. _________________ 25 Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (OJ L 337, 18.12.2009, p.1). 26 Commission Decision 2002/627/EC of 29 July 2002 establishing the European Regulators Group for Electronic Communications Networks and Services (OJ L 200, 30.7.2002, p. 38).
2017/03/29
Committee: IMCO
Amendment 210 #
Emma McCLARKIN
Proposal for a regulation
Recital 7
(7) BEREC and the BEREC Office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications. Notwithstanding, there are still significant disparities between Member States as regards regulatory practice. Moreover, the governance structure of BEREC and the BEREC Office is cumbersome and gives rise to unnecessary administrative burden. In order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the Union as well as to the promotion of access to, and take-up of, very high capacity data connectivity, competition in the provision of electronic communications networks, services and associated facilities and the interests of the citizens of the Union, this regulation aims to strengthen the role of BEREC and enhance its governance structure by establishing BEREC as a Union decentralised agency. This also corresponds to the need to reflect the significantly enhanced role played by BEREC following Regulation (EC) No 531/2012 which establishes tasks for BEREC in relation to Union-wide roaming, Regulation (EU) No 2015/2120 which establishes tasks for BEREC in relation to open internet access and Union-wide roaming, and the Directive which establishes a significant number of new tasks for BEREC such as issuing decisions and guidelines on several topics, reporting on technical matters, keeping registers and delivering opinions on internal market procedures for draft national measures on market regulation as well as on assignments of rights of use for radio spectrum based on the sharing of best practices between NRAs.
2017/03/29
Committee: IMCO
Amendment 219 #
Emma McCLARKIN
Proposal for a regulation
Recital 21
(21) BEREC should be independent as regards operational and technical matters and should enjoy legal, administrative and financial autonomy. To that end, it is necessary and appropriate that BEREC should be a body of the Union having legal personality and exercising the powers conferred upon it.
2017/03/29
Committee: IMCO
Amendment 220 #
Emma McCLARKIN
Proposal for a regulation
Recital 22
(22) As a Union decentralised agency, BEREC should operate within its mandate and the existing institutional framework. It should not be seen as representing a Union position to an outside audience or as committing the Union to legal obligations.deleted
2017/03/29
Committee: IMCO
Amendment 221 #
Emma McCLARKIN
Proposal for a regulation
Recital 23
(23) In order to further extend the consistent implementation of the provisions of the regulatory framework for electronic communications within the scope of BEREC, ithe new agency should be open to the participation of regulatory authorities of third countries competent in the field of electronic communications that have entered into agreements with the Union to that effect, in particular those of EEA EFTA States and candidate countries.
2017/03/29
Committee: IMCO
Amendment 225 #
Emma McCLARKIN
Proposal for a regulation
Article 1 – paragraph 3
3. BEREC shall pursue the samcontribute to the achievement of the objectives as those of national regulatory and other competent authorities (‘'NRAs’') referred to in Article 3 of the Directive. In particular, BEREC shall ensure a consistent [...] ('Electronic Communications Code'). In particular, BEREC shall cooperate with the NRAs to ensure a consistent regulatory approach for the implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market. It shall also promote access to, and take-up of, very high capacity data connectivity; competition in the provision of electronic communications networks, services and associated facilities; and the interests of the citizens of the Union.
2017/03/29
Committee: IMCO
Amendment 230 #
Emma McCLARKIN
Proposal for a regulation
Article 1 – paragraph 3 a (new)
3 a. BEREC shall carry out its tasks independently, impartially and transparently.
2017/03/29
Committee: IMCO
Amendment 231 #
Emma McCLARKIN
Proposal for a regulation
Article 1 – paragraph 3 b (new)
3 b. BEREC shall draw upon expertise available in the NRAs. Each Member State should ensure that its NRAs have adequate financial and human resources to participate in the work of BEREC.
2017/03/29
Committee: IMCO
Amendment 232 #
Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) assist, advise and cooperate with the Commission as well as NRAs, on request or on its own initiative, on any technical matter within its mandate, and assist and advise the European Parliament and the Council on request, including by means of reports, and cooperate with the NRAs and the Commission, on request or on its own initiative, on any matter regarding electronic communications within its competence;
2017/03/29
Committee: IMCO
Amendment 236 #
Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
(a a) promote cooperation among the NRAs, and between the NRAs and the Commission;
2017/03/29
Committee: IMCO
Amendment 237 #
Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
(a b) issue recommendations and disseminate regulatory best practices addressed to the NRAs in order to encourage consistent implementation of the regulatory framework for electronic communications;
2017/03/29
Committee: IMCO
Amendment 239 #
Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) develop an economic model in order to assist the Commission in determining the maximum termination rates in the Union in accordance with Article 73 of the Directive;deleted
2017/03/29
Committee: IMCO
Amendment 240 #
Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) issue opinions as referred to in the Directive and Regulation (EU) No 531/2012, in particular: - on the resolution of cross-border disputes in accordance with Article 27 of the Directive; - on draft national measures related to the internal market procedures for market regulation in accordance with Articles 32, 33 and 66 of the Directive; - on draft national measures related to the internal market procedures for radio spectrum peer review in accordance with Article 35 of the Directive; - on draft decisions and recommendations on harmonisation in accordance with Article 38 of the Directive;deleted
2017/03/29
Committee: IMCO
Amendment 241 #
Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 1 – point e
(e) issue guidelines as referred to in the Directive, Regulation (EC) No 531/2012 and Regulation (EU) No 2015/2120: - on the implementation of NRAs’ obligations as regards geographical surveys in accordance with Article 22 of the Directive; - on common approaches to the identification of the network termination point in different network topologies in accordance with Article 59 of the Directive; - on common approaches to meet transnational end-user demand in accordance with Article 64 of the Directive; - on the minimum criteria for a reference offer in accordance with Article 67 of the Directive; - on the technical details of the cost model to be applied by NRAs when setting maximum symmetric termination rates in accordance with Article 73 of the Directive; - on common criteria for the assessment of the ability to manage numbering resources and the risk of exhaustion of numbering resources in accordance with Article 87 of the Directive; - on relevant quality of service parameters and the applicable measurement methods in accordance with Article 97 of the Directive; - on the implementation of NRAs’ obligations as regards open internet access in accordance with Article 5 of Regulation (EU) No 2015/2120; - on wholesale roaming access in accordance with Article 3 of Regulation (EU) No 531/2012;deleted
2017/03/29
Committee: IMCO
Amendment 244 #
Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 2
2. BEREC shall also carry out the following tasks: (a) monitor and coordinate the action of NRAs in applying Regulation (EU) No 531/2012, in particular as regards the provision of regulated retail roaming services at domestic prices in the interests of end-users; (b) report on technical matters within its competence, in particular: - on the practical application of the opinions and guidelines referred to in Article 2(1)(d) and 2(1)(e); - on the level of interoperability between interpersonal communications services, threat to effective access to emergency services or to end-to-end connectivity between end-users in accordance with Article 59 of the Directive; - on the evolution of retail and wholesale charges for roaming services and on transparency and comparability of tariffs in accordance with Article 19 of Regulation (EU) No 531/2012; - on the outcomes of the annual reports that NRAs shall provide in accordance with Article 5 of Regulation (EU) No 2015/2120, through the publication of an annual synthesis report. (c) issue recommendations and best practices addressed to the NRAs in order to encourage consistent implementation on any technical matter within its mandate; (d) keep a register of: - undertakings providing electronic communications networks and services in accordance with Article 12 of the Directive. BEREC shall also issue standardised declarations on notifications by undertakings in accordance with Article 14 of the Directive; - numbers with a right of extraterritorial use in accordance with Article 87 of the Directive; (e) carry out other tasks conferred on it by legal acts of the Union in particular by the Directive, Regulation (EC) No 531/2012 and Regulation (EU) No 2015/2120.deleted
2017/03/29
Committee: IMCO
Amendment 257 #
Emma McCLARKIN
Proposal for a regulation
Article 2 – paragraph 4
4. In so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks, BEREC may, where appropriate, consult the relevant NRAs and cooperate with competent Union bodies, agencies, offices and advisory groups, with competent authorities of third countries and/or with international organisations, in accordance to Article 26.
2017/03/29
Committee: IMCO
Amendment 262 #
Emma McCLARKIN
Proposal for a regulation
Article 4 – paragraph 2 a (new)
2 a. Any third-country regulatory authorities that are invited by the Board of Regulators shall have observer status and shall be represented at an appropriately high level.
2017/03/29
Committee: IMCO
Amendment 263 #
Emma McCLARKIN
Proposal for a regulation
Article 4 – paragraph 2 b (new)
2 b. The Board of Regulators may invite any person whose opinion may be of interest to attend its meetings on a case-by-case basis as an observer.
2017/03/29
Committee: IMCO
Amendment 278 #
Emma McCLARKIN
Proposal for a regulation
Article 22 – paragraph 2
2. The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. For the purpose of concluding the contract with the Executive Director, BEREC shall be represented by the Chairperson of the Management Board. Before appointment, the candidate selected by the Management Board may be invited to make a statement before the competent committee of the European Parliament and to answer questions put by its members.deleted
2017/03/29
Committee: IMCO
Amendment 283 #
Emma McCLARKIN
Proposal for a regulation
Article 22 – paragraph 3
3. The term of office of the Executive Director shall be five years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director’s performance and BEREC’s future tasks and challenges.deleted
2017/03/29
Committee: IMCO
Amendment 286 #
Emma McCLARKIN
Proposal for a regulation
Article 22 – paragraph 4
4. The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once, for no more than five years.deleted
2017/03/29
Committee: IMCO
Amendment 289 #
Emma McCLARKIN
Proposal for a regulation
Article 22 – paragraph 5
5. The Management Board shall inform the European Parliament if it intends to extend the Executive Director’s term of office. Within one month before any such extension, the Executive Director may be invited to make a statement before the competent committee of the Parliament and to answer questions put by its members.deleted
2017/03/29
Committee: IMCO
Amendment 290 #
Emma McCLARKIN
Proposal for a regulation
Article 22 – paragraph 6
6. An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.deleted
2017/03/29
Committee: IMCO
Amendment 292 #
Emma McCLARKIN
Proposal for a regulation
Article 22 – paragraph 7
7. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission.deleted
2017/03/29
Committee: IMCO
Amendment 294 #
Emma McCLARKIN
Proposal for a regulation
Article 22 – paragraph 8
8. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Executive Director on the basis of a two-thirds majority of its members with voting rights.deleted
2017/03/29
Committee: IMCO
Amendment 296 #
Emma McCLARKIN
Proposal for a regulation
Article 24
1. BEREC shall be a body of the Union. It shall have legal personality. 2. In each of the Member States BEREC shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire and dispose of movable and immovable property and be party to legal proceedings. 3. BEREC shall be represented by the Executive Director. 4. BEREC shall have sole responsibility for the tasks and powers assigned to it.Article 24 deleted Legal status
2017/03/29
Committee: IMCO
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