43 Amendments of Lorenzo FONTANA related to 2016/0286(COD)
Amendment 165 #
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the reasoned opinion of the Polish Senate,
Amendment 166 #
Draft legislative resolution
Citation 4 b (new)
Citation 4 b (new)
– having regard to the reasoned opinion of the Senate of the Parliament of the Czech Republic,
Amendment 167 #
Draft legislative resolution
Citation 4 c (new)
Citation 4 c (new)
– having regard to the reasoned opinion of the Maltese Parliament,
Amendment 168 #
Draft legislative resolution
Citation 4 d (new)
Citation 4 d (new)
– having regard to the opinion of the German Bundesrat,
Amendment 182 #
Proposal for a regulation
Recital 6
Recital 6
(6) In its Resolution of 19 January 2016 ‘Towards a Digital Single Market Act’, the European Parliament called on the Commission to integrate further the digital single market by ensuring that a more efficient institutional framework is in place. It can do this by strengthening the role, capacity and decision-making powers of BEREC in order to allow it to foster the consistent implementation of the regulatory framework for electronic communications, to enable an efficient oversight of BEREC over the development of the single marketin full compliance with the subsidiarity principle, and to help itBEREC to resolve cross-border disputes. The European Parliament also stresses, in this regard, the need to improve theat the necessary financial and human resources and further enhance the governance structure of BERECshould not involve further increases in the Union budget.
Amendment 185 #
Proposal for a regulation
Recital 7
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.
Amendment 189 #
Proposal for a regulation
Recital 8
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 agencyn agency that is independent of the Commission.
Amendment 191 #
Proposal for a regulation
Recital 8
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 buillend continuity to the work of BEREC and the BEREC Office and further develop them into a fully-fledged agency.
Amendment 192 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 193 #
Proposal for a regulation
Recital 9
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’)28fully independently of the European Commission. 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.
Amendment 194 #
Proposal for a regulation
Recital 10
Recital 10
(10) 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 with tasks such as deciding on certain issues with a cross-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 communications markets and their local conditions. In order to carry out its tasks, the agency would require adequate financial and human resources and would alsoBEREC will continue theo pooling of expertise from NRAs.
Amendment 201 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 216 #
Proposal for a regulation
Recital 16
Recital 16
(16) The role of the Executive Director, who would be the legal representative of BEREC, is crucial for theits adequate functioning of the new agency and the implementation of the tasks assigned to it. The Management Board should appoint him/her on the basis of a list drawn up by the CommissionNRAs following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence. Moreover, in the past the term of office of the Administrative Manager of the BEREC Office was three years. It is necessary that the Executive Director has a sufficiently long mandate in order to ensure stability and delivery of a long-term strategy for the agency.
Amendment 220 #
Proposal for a regulation
Recital 17
Recital 17
(17) Experience has shown that most of BEREC’s tasks are better carried out through working groups, therefore the Management Board should be in charge of setting up working groups and appointing their members. In order to ensure a balanced approach, the working groups should be coordinated and moderated by members of the BEREC staff. Lists of qualified experts should be prepared in advance to ensure a quick set-up of certain working groups, in particular those related to internal market procedures for draft national measures on market regulation and on assignments of rights of use for radio spectrum, due to the time limits of those procedures.
Amendment 224 #
Proposal for a regulation
Recital 18
Recital 18
(18) As BEREC is not competent for taking decisions with a binding effect, it is necessary to ensure that any natural or legal person subject to, or concerned by, a decision of BEREC has the right of appeal to a Board of Appeal, which is part of the agency but independent from its administrative and regulatory structure. As the decisions issued by the Board of Appeal are intended to produce legal effects towards third parties, an action for review of their legality may be brought to the General Court. In order to ensure uniform conditions as regards the rules of procedure of the Board of Appeal, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 33. _________________ 33 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 230 #
Proposal for a regulation
Recital 21
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 itIt should also act as a liaison body for NRAs in order to ensure a long-term legal framework.
Amendment 232 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 233 #
Proposal for a regulation
Recital 22
Recital 22
(22) As a Union decentralisedn independent 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.
Amendment 235 #
Proposal for a regulation
Recital 23
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 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.
Amendment 241 #
Proposal for a regulation
Recital 28
Recital 28
(28) The BEREC Office, which was established as a Community body with legal personality by Regulation (EC) No 1211/2009, is succeeded byshould cooperate closely with BEREC as regards all ownership, agreements, legal obligations, employment contracts, financial commitments and liabilities. BEREC should take over the staff of the BEREC Office whose rights and obligations should not be affected,
Amendment 242 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The Body of European Regulators for Electronic Communications (‘BEREC’) isand the ‘BEREC Office’ are hereby established.
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
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; promote competition and investments; protect end-users;
Amendment 253 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
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 Commission, the European Parliament and the Council on request;
Amendment 259 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 276 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Without prejudice to compliance with relevant Union law, NRAs shall comply with any decision and take the utmosttake account of anythe opinions, guidelines, recommendations and best practices adopted by BEREC with the aim of ensuring athe correct implementation of the regulatory framework for electronic communications within the scope referred to in Article 1(2).
Amendment 300 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
– an Executive Director, whicho shall exercise the responsibilities set out in Article 9;
Amendment 326 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Without prejudice to Articles 5(1) (a) and (b) and 22(8), the Management Board shall take decisions by a majority of two-thirds of members with voting rights.
Amendment 329 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Executive Director shall not take part in the voting.
Amendment 333 #
Proposal for a regulation
Chapter 2 – section 2 – title
Chapter 2 – section 2 – title
Amendment 347 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 353 #
Proposal for a regulation
Article 9 – paragraph 5 – point c
Article 9 – paragraph 5 – point c
(c) preparing,, in coordination with the NRAs, the single programming document and submitting it to the Management Board;
Amendment 354 #
Proposal for a regulation
Article 9 – paragraph 5 – point f
Article 9 – paragraph 5 – point f
(f) preparing an action plan following- up conclusions of internal or external audit reports and evaluations, as well as investigations by the OLAF and reporting on progress twice a year to the Commission and regularly to the Management Board;
Amendment 356 #
Proposal for a regulation
Article 9 – paragraph 5 – point g
Article 9 – paragraph 5 – point g
(g) protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, by carrying out effective checks, and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative measures, including financial penalties;
Amendment 357 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 358 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 365 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
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.
Amendment 367 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 3
Article 10 – paragraph 2 – subparagraph 3
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.
Amendment 379 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 3
Article 15 – paragraph 1 – subparagraph 3
The Management Board shall subsequently adopt the single programming document taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission, as well as any later updated version of that document.
Amendment 384 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Commissionuncil shall send the draft estimate to the budgetary authority together with the draft general budget of the Union.
Amendment 391 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The financial rules applicable to BEREC shall be adopted by the Management Board after consulting the Commission. They shall not depart from Regulation (EU) No 1271/2013 unless such a departure is specifically required for BEREC’s operation and the Commission has given its prior consent.
Amendment 407 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Amendment 417 #
Proposal for a regulation
Article 30 – paragraph 4 – subparagraph 1
Article 30 – paragraph 4 – subparagraph 1
Where information is not available or is not made available by the NRAs in a timely fashion or in circumstances where a direct request by BEREC would prove more efficient and less burdensome, BEREC may address a duly justified and reasoned request to other authorities or directly to the relevant undertakings providing electronic communications networks, services and associated facilities, with the prior agreement of the NRA of the country in question.
Amendment 435 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. No later than five years from the day of entry into force of this regulation, and every five years thereafter, the Commission shall perform an evaluation in compliance with the Commission guidelinesManagement Board shall forward an evaluation report to the Council and the European Parliament to assess BEREC’s performance in relation to its objectives, mandate, tasks and location(s). The evaluation shall, in particular, address the possible need to modify the mandate of BEREC, and the financial implications of any such modification.