Telecoms Package Diff Access Commission Amended Proposal Parliament First Reading Parliament Second Reading

English - Français - Deutsch - Español

Telecoms Package: Comparison Directive on access to, and interconnection of, electronic communications networks and associated facilities (Access 2002/19/EC)

---

European Commission Amended Proposal / European Parliament First Reading / European Parliament Second Reading − 2008-11-06 / 2008-09-24 / 2009-05-06

Article 9

European Commission Amended Proposal	European Parliament First Reading	European Parliament Second Reading
Article 9 − Obligation of transparency	Article 9 − Obligation of transparency	Article 9 − Obligation of transparency
1. National regulatory authorities may, in accordance with the provisions of Article 8, impose obligations for transparency in relation to interconnection and/or access, requiring operators to make public specified information, such as accounting information, technical specifications, network characteristics, including any restrictions on access to services and applications, terms and conditions for supply and use, and prices.	1. National regulatory authorities may, in accordance with the provisions of Article 8, impose obligations for transparency in relation to interconnection and/or access, requiring operators to make public specified information, such as accounting information, technical specifications, network characteristics, including any restrictions on access to services and applications, traffic management policies, terms and conditions for supply and use, and prices.	1. National regulatory authorities may, in accordance with the provisions of Article 8, impose obligations for transparency in relation to interconnection and/or access, requiring operators to make public specified information, such as accounting information, technical specifications, network characteristics, including any restrictions on access to services and applications, terms and conditions for supply and use, including any conditions limiting access to and/or use of services and applications where such conditions are allowed by Member states in conformity with Community law, and prices.
2. In particular where an operator has obligations of non-discrimination, national regulatory authorities may require that operator to publish a reference offer, which shall be sufficiently unbundled to ensure that undertakings are not required to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions including prices. The national regulatory authority shall, inter alia, be able to impose changes to reference offers to give effect to obligations imposed under this Directive.	2. In particular where an operator has obligations of non-discrimination, national regulatory authorities may require that operator to publish a reference offer, which shall be sufficiently unbundled to ensure that undertakings are not required to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions including prices. The national regulatory authority shall, inter alia, be able to impose changes to reference offers to give effect to obligations imposed under this Directive.	2. In particular where an operator has obligations of non-discrimination, national regulatory authorities may require that operator to publish a reference offer, which shall be sufficiently unbundled to ensure that undertakings are not required to pay for facilities which are not necessary for the service requested, giving a description of the relevant offerings broken down into components according to market needs, and the associated terms and conditions including prices. The national regulatory authority shall, inter alia, be able to impose changes to reference offers to give effect to obligations imposed under this Directive.
3. National regulatory authorities may specify the precise information to be made available, the level of detail required and the manner of publication.	3. National regulatory authorities may specify the precise information to be made available, the level of detail required and the manner of publication.	3. National regulatory authorities may specify the precise information to be made available, the level of detail required and the manner of publication.
4. Notwithstanding paragraph 3, where an operator has been found, in accordance with Article 14 of Directive 2002/21/EC (Framework Directive), to have significant market power in a relevant market relating to local access at a fixed location, national regulatory authorities shall ensure the publication of a reference offer containing at least the elements set out in Annex II.	4. Notwithstanding paragraph 3, where an operator has been found, in accordance with Article 14 of Directive 2002/21/EC (Framework Directive), to have significant market power in a relevant market relating to local access at a fixed location, national regulatory authorities shall ensure the publication of a reference offer containing at least the elements set out in Annex II.	4. Notwithstanding paragraph 3, where an operator has obligations under Article 12 concerning wholesale network infrastructure access, national regulatory authorities shall ensure the publication of a reference offer containing at least the elements set out in Annex II.
5. The Commission may adopt the necessary amendments to Annex II in order to adapt it to technological and market developments. The measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14(4). In implementing the provisions of this paragraph, the Commission may be assisted by the Authority.	5. The Commission may adopt the necessary amendments to Annex II in order to adapt it to technological and market developments. The measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14(4). In implementing the provisions of this paragraph, the Commission may be assisted by the Authority.	5. The Commission may adopt the necessary amendments to Annex II in order to adapt it to technological and market developments. The measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14(4). In implementing the provisions of this paragraph, the Commission may be assisted by BEREC.

Article 12

European Commission Amended Proposal	European Parliament First Reading	European Parliament Second Reading
Article 12 − Obligations of access to, and use of, specific network facilities	Article 12 − Obligations of access to, and use of, specific network facilities	Article 12 − Obligations of access to, and use of, specific network facilities
1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, inter alia in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, or would not be in the end-user's interest.	1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, inter alia in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, or would not be in the end-user's interest.	1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, inter alia in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, or would not be in the end-user's interest.
Operators may be required inter alia:	Operators shall be required inter alia:	Operators may be required inter alia:
(a) to give third parties access to specified network elements and/or facilities, including unbundled access to the local loop;	(a) to give third parties access to specified network elements and/or facilities, including unbundled access to the local loop;	(a) to give third parties access to specified network elements and/or facilities, including access to network elements which are not active and/or unbundled access to the local loop, to inter alia allow carrier selection and/or pre-selection and/or subscriber line resale offer;
(b) to negotiate in good faith with undertakings requesting access;	(b) to negotiate in good faith with undertakings requesting access;	(b) to negotiate in good faith with undertakings requesting access;
(c) not to withdraw access to facilities already granted;	(c) not to withdraw access to facilities already granted;	(c) not to withdraw access to facilities already granted;
(d) to provide specified services on a wholesale basis for resale by third parties;	(d) to provide specified services on a wholesale basis for resale by third parties;	(d) to provide specified services on a wholesale basis for resale by third parties;
(e) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;	(e) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;	(e) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;
(f) to provide co-location or other forms of facility sharing, including the sharing of ducts, buildings or entry to buildings, antennae towers and other supporting constructions, masts, manholes, cabinets and other network elements which are not active;	(f) to provide co-location or other forms of facility sharing, including the sharing of ducts, buildings or entry to buildings, antennae towers and other supporting constructions, masts, manholes, cabinets and other network elements which are not active;	(f) to provide co-location or other forms of associated facilities sharing;
	(fa) to provide third parties with a reference offer for the granting of access to ducts;
(g) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services or roaming on mobile networks;	(g) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services or roaming on mobile networks;	(g) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services or roaming on mobile networks;
(h) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services;	(h) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services;	(h) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services;
(i) to interconnect networks or network facilities;	(i) to interconnect networks or network facilities;	(i) to interconnect networks or network facilities;
(j) to provide access to associated services such as identity, location and presence capability.	(j) to provide access to associated services such as identity, location and presence capability.	(j) to provide access to associated services such as identity, location and presence service.
National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness.	National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness.	National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness.
2. When national regulatory authorities are considering whether to impose the obligations referred in paragraph 1, and in particular when assessing whether such obligations would be proportionate to the objectives set out in Article 8 of Directive 2002/21/EC (Framework Directive), they shall take account in particular of the following factors:	2. When national regulatory authorities are considering whether to impose the obligations referred in paragraph 1, and in particular when assessing whether such obligations would be proportionate to the objectives set out in Article 8 of Directive 2002/21/EC (Framework Directive), they shall take account in particular of the following factors:	2. When national regulatory authorities are considering whether to impose the obligations referred in paragraph 1, and in particular when assessing how such obligations would be imposed proportionate to the objectives set out in Article 8 of Directive 2002/21/EC (Framework Directive), they shall take account in particular of the following factors:
(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and access involved, including the viability of other upstream access products such as access to ducts;	(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and access involved, including the viability of other upstream access products such as access to ducts;	(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts;
(b) the feasibility of providing the access proposed, in relation to the capacity available;	(b) the feasibility of providing the access proposed, in relation to the capacity available;	(b) the feasibility of providing the access proposed, in relation to the capacity available;
(c) the initial investment by the facility owner, bearing in mind any public investment made and the risks involved in making the investment, when imposing pricing obligations pursuant to Article 13;	(c) the initial investment by the facility owner, bearing in mind any public investment made and the risks involved in making the investment, including an appropriate risk-sharing among those undertakings enjoying access to these new facilities;	(c) the initial investment by the facility owner, bearing in mind any public investment made and the risks involved in making the investment;
(d) the need to safeguard competition in the long term, in particular infrastructure-based competition	(d) the need to safeguard competition in the long term, in particular infrastructure-based competition	(d) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition;
(e) where appropriate, any relevant intellectual property rights;	(e) where appropriate, any relevant intellectual property rights;	(e) where appropriate, any relevant intellectual property rights;
(f) the provision of pan-European services.	(f) the provision of pan-European services.	(f) the provision of pan-European services.
3. When imposing obligations on an operator to provide access in accordance with the provisions of this Article, national regulatory authorities may lay down technical or operational conditions to be met by the provider and/or beneficiaries of such access where necessary to ensure normal operation of the network. Obligations to follow specific technical standards or specifications shall be in compliance with the standards and specifications laid down in accordance with Article 17 of Directive 2002/21/EC (Framework Directive).	3. When imposing obligations on an operator to provide access in accordance with the provisions of this Article, national regulatory authorities may lay down technical or operational conditions to be met by the provider and/or beneficiaries of such access where necessary to ensure normal operation of the network. Obligations to follow specific technical standards or specifications shall be in compliance with the standards and specifications laid down in accordance with Article 17 of Directive 2002/21/EC (Framework Directive).	3. When imposing obligations on an operator to provide access in accordance with the provisions of this Article, national regulatory authorities may lay down technical or operational conditions to be met by the provider and/or beneficiaries of such access where necessary to ensure normal operation of the network. Obligations to follow specific technical standards or specifications shall be in compliance with the standards and specifications laid down in accordance with Article 17 of Directive 2002/21/EC (Framework Directive).