Utilisateur:Okhin/Amdt

Amendments 299 - 308

Amendment 299 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means an publicly available electronic communications network which either consists wholly or partially of optical fibre elements.
Comments:

Amendment 300 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or any other type of network which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Very high capacity networks are in any case fibre to the home networks or any other network which provides the technical performance requirements needed for the backhaul of 5G networks. Network performance will be assessed solely on the basis of technical parameters and not take into account the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Justification: The overarching objective of the Code is to stimulate the roll-out of networks which can serve the future demands of European businesses and citizens. The term very high capacity network seeks to define what future state of the art electronic communications infrastructure look like. It is suggested to clarify the definition in a way that ensures that very high capacity networks benefit the roll-out of 5G networks in the sense that they provide the backhaul for these mobile networks. Future 5G ultra-dense and heavy traffic cells have to be connected to a backhaul with very high requirements in terms of capacity, latency, and availability. The proposal also takes into account the need to ensure technology neutrality since the definition of very high capacity network is not based on any given technology.
Comments:

Amendment 301 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location corresponding in the fixed-line connection case to the premises and in the mobile connection case to the base station, or which is capable of delivering under usual peak-time conditions at least the same network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered at least the same regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Justification: Clarification included from the respective Recital 13. Moreover, strengthening the performance benchmark while lifting its upper limit. This clarifies that – independent of the used technology – better performing infrastructures would also be considered ‘very high capacity’.
Comments:

Amendment 302 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means an electronic communications network consisting wholly of optical fibre elements at least up to the distribution point at the serving location, corresponding in the fixed-line connection case to the premises and in the mobile connection case to the base station, or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation.
Justification: To clarify the "very high capacity network" definition in light of the technology landscape.
Comments:

Amendment 303 Proposal for a directive Article 2 – paragraph 1 – point 2
2)„Netz mit sehr hoher Kapazität“: ein elektronisches Kommunikationsnetz, das entweder komplett aus Glasfaserkomponenten zumindest bis zum Verteilerpunkt am Ort der Nutzung besteht, oder das zu üblichen Spitzenlastzeiten eine ähnliche Netzleistung in Bezug auf die verfügbare Down- und Uplink-Bandbreite, Störfestigkeit, Fehlerparameter, Latenz und Latenzschwankung bieten kann. Die Netzleistung kann als vergleichbar gelten, unabhängig davon, ob der Endnutzer Schwankungen feststellt, die auf die verschiedenen inhärenten Merkmale des Mediums zurückzuführen sind, über das das Netz letztlich mit dem Netzabschlusspunkt verbunden ist.	2)„Netz mit sehr hoher Kapazität“: ein elektronisches Kommunikationsnetz, das entweder komplett aus Glasfaserkomponenten zumindest bis zum Verteilerpunkt am Ort der Nutzung besteht, oder das zu üblichen Spitzenlastzeiten eine Netzleistung von Minimum 250 Mbit/s in Bezug auf die verfügbare Down- und Uplink-Bandbreite, aufrüstbar auf symmetrische 1 Gbit/s, mindestens 99,99% Zuverlässigkeit und Latenz von 5ms oder weniger bieten kann. Die Netzleistung soll beim Endkunden gemessen und bewertet werden, unabhängig davon, ob der Endnutzer Schwankungen feststellt, die auf die verschiedenen inhärenten Merkmale des Mediums zurückzuführen sind, über das das Netz letztlich mit dem Netzabschlusspunkt verbunden ist.
Comments:

Amendment 304 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or any network which is capable of delivering under usual peak-time conditions at least equally consistent and reliable network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance shall be assessed on the basis of technical parameters, regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Justification: The aim of the EECC is to incentivise the roll-out of infrastructure capable of delivering the speeds necessary to accelerate the transition to a 5G society. Thus, the definition must, while taking into account future technological developments, thereby maintaining the technology neutrality principle, strictly be limited to include only state of the art infrastructure.
Comments:

Amendment 305 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means an electronic communications network which is capable of delivering under usual peak-time conditions network performance, in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation, meeting the needs of the most demanding, digitally intensive end-users, and in particular a network consisting of optical elements at least up to the distribution point at the serving location. Network performance should be assessed without regard to variations in end-user experience due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 306 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means high speed electronic communications network which consists wholly or partly of optical fibre elements with sufficient capacity to allow unconstrained use of the network in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Comments:

Amendment 307 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means an electronic communications network which either consists wholly or partly of optical fibre elements and/or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Comments:

Amendment 308 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions at least the same network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Justification: The word ‘similar’ is too subjective. We should ensure consistency with our objectives.
Comments:

Amendments 309 - 318

Amendment 309 Proposal for a directive Article 2 – paragraph 1 – point 2
2)„Netz mit sehr hoher Kapazität“: ein elektronisches Kommunikationsnetz, das entweder komplett aus Glasfaserkomponenten zumindest bis zum Verteilerpunkt am Ort der Nutzung besteht, oder das zu üblichen Spitzenlastzeiten eine ähnliche Netzleistung in Bezug auf die verfügbare Down- und Uplink-Bandbreite, Störfestigkeit, Fehlerparameter, Latenz und Latenzschwankung bieten kann. Die Netzleistung kann als vergleichbar gelten, unabhängig davon, ob der Endnutzer Schwankungen feststellt, die auf die verschiedenen inhärenten Merkmale des Mediums zurückzuführen sind, über das das Netz letztlich mit dem Netzabschlusspunkt verbunden ist.	2)„Netz mit sehr hoher Kapazität“: ein elektronisches Kommunikationsnetz, das entweder komplett aus Glasfaserkomponenten zumindest bis zum Verteilerpunkt am Ort der Nutzung besteht, oder das zu üblichen Spitzenlastzeiten mindestens die gleiche Netzleistung in Bezug auf die verfügbare Down- und Uplink-Bandbreite, Störfestigkeit, Fehlerparameter, Latenz und Latenzschwankung bieten kann. Die Netzleistung kann als vergleichbar gelten, unabhängig davon, ob der Endnutzer Schwankungen feststellt, die auf die verschiedenen inhärenten Merkmale des Mediums zurückzuführen sind, über das das Netz letztlich mit dem Netzabschlusspunkt verbunden ist.
Comments:

Amendment 310 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means an electronic communications network which either consists wholly or partly of optical fibre elements and which is capable of delivering under usual peak-time conditions high-performing broadband access services in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Comments:

Amendment 311 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions at least the same network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Comments:

Amendment 312 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the premises or which is capable of delivering under usual peak-time conditions at least similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Comments:

Amendment 313 Proposal for a directive Article 2 – paragraph 1 – point 2
(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak-time conditions similar network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.	(2)'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the premises or which is capable of delivering under usual peak-time conditions at least the same network performance in terms of available down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Comments:

Amendment 314 Proposal for a directive Article 2 – paragraph 1 – point 2
2)„Netz mit sehr hoher Kapazität“: ein elektronisches Kommunikationsnetz, das entweder komplett aus Glasfaserkomponenten zumindest bis zum Verteilerpunkt am Ort der Nutzung besteht, oder das zu üblichen Spitzenlastzeiten eine ähnliche Netzleistung in Bezug auf die verfügbare Down- und Uplink-Bandbreite, Störfestigkeit, Fehlerparameter, Latenz und Latenzschwankung bieten kann. Die Netzleistung kann als vergleichbar gelten, unabhängig davon, ob der Endnutzer Schwankungen feststellt, die auf die verschiedenen inhärenten Merkmale des Mediums zurückzuführen sind, über das das Netz letztlich mit dem Netzabschlusspunkt verbunden ist.	2)„Netz mit sehr hoher Kapazität“: ein elektronisches Kommunikationsnetz, das bis zum Verteilerpunkt am Ort der Nutzung komplett aus Glasfaserkomponenten besteht, oder das zu üblichen Spitzenlastzeiten mindestens die gleiche Netzleistung in Bezug auf die verfügbare Down- und Uplink-Bandbreite, Störfestigkeit, Fehlerparameter, Latenz und Latenzschwankung bieten kann. Die Netzleistung kann als vergleichbar gelten, unabhängig davon, ob der Endnutzer Schwankungen feststellt, die auf die verschiedenen inhärenten Merkmale des Mediums zurückzuführen sind, über das das Netz letztlich mit dem Netzabschlusspunkt verbunden ist.
Justification: Die Definition von "Netzen mit sehr hoher Kapazität" sollte sich an der auf dem Markt genutzen State-of-the-Art Technologie orientieren, welche zum aktuellen Zeitpunkt durch Glasfaserleitungen gegeben ist. Um den Ansatz der Technologieneutralität gerecht zu werden, werden alle Technologien, welche mindestens das gleiche Leistungsvermögen wie Glasfaser aufweisen könne, ebenfalls in die Definition einbezogen.
Comments:

Amendment 315 Proposal for a directive Article 2 – paragraph 1 – point 4
(4)‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;	(4)‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes interpersonal communication services as defined in paragraph (5) of the present Article, information society services, as defined in Article 1 of Directive 98/34/EC and services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
Justification: To ensure legal certainty and a level playing field between providers of "electronic communications service," the aim of this amendment is to clarify that the scope of the third category of Electronic Communications Services “consisting wholly or mainly in the conveyance of signal” only concerns pure transmission services, excluding services which qualify as Interpersonal Communication Services or as Information Society Services notably subject to the e-commerce directive.
Comments:

Amendment 316 Proposal for a directive Article 2 – paragraph 1 – point 4
(4)‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;	(4)‘electronic communications service’ means a service provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services as well as not-for-profit-services provided by individuals;
Justification: Individuals participating in a not-for-profit network (such as radio local area networks) or providing not-for-profit services shall not be subject to the obligations imposed on legal persons providing networks or services. Specifically, the strict obligations provided by the Directive 2002/58/CE would be disproportionate and impracticable if imposed on individual volunteers, who should only be subject to the obligations set by the General Data Protection Regulation.
Comments:

Amendment 317 Proposal for a directive Article 2 – paragraph 1 – point 4
(4)‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;	(4)'electronic communications service' means a publicly available service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly in the conveyance of signals such as transmission of signals used for the provision of machine-to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
Comments:

Amendment 318 Proposal for a directive Article 2 – paragraph 1 – point 5
(5)'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;	(5)'interpersonal communications service’ means a service normally provided for remuneration where the principal purpose of the service is devoted to enabling direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s);
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendments 319 - 328

Amendment 319 Proposal for a directive Article 2 – paragraph 1 – point 5
(5)'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;	(5)'interpersonal communications service' means an electronic communications service whose primary purpose is to enable normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as an a minor ancillary feature that is intrinsically linked to another service;
Comments:

Amendment 320 Proposal for a directive Article 2 – paragraph 1 – point 5
(5)'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;	(5)'interpersonal communications service' means an electronic communications service normally provided for remunerations that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;
Comments:

Amendment 321 Proposal for a directive Article 2 – paragraph 1 – point 5
(5)'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;	(5)'interpersonal communications service’ means a service provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;
Comments:

Amendment 322 Proposal for a directive Article 2 – paragraph 1 – point 6
(6)‘number-based interpersonal communications service’ means an interpersonal communications service which connects with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans;	(6)‘number-based interpersonal communications service’ means an interpersonal communications service which connects with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans, and where the provider of the service has substantial control over the network used for enabling the communication ;
Justification: There is a need to differentiate between services delivered over their own infrastructure and therefore can control the quality of the service and services which do not have such a control. In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 323 Proposal for a directive Article 2 – paragraph 1 – point 6
(6)‘number-based interpersonal communications service’ means an interpersonal communications service which connects with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans;	(6)'number-based interpersonal communications service' means an interpersonal communications service for receiving communications by means of an assignment of a number in the national telephone numbering plan, or for originating communications to a number or numbers in national or international telephone numbering plans;
Comments:

Amendment 324 Proposal for a directive Article 2 – paragraph 1 – point 7
(7)'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans;	(7)'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans or where a number-based interpersonal communication service provider does not have substantial control over the network used for enabling the communication;
Justification: There is a need to differentiate between services delivered over their own infrastructure and therefore can control the quality of the service and services which do not have such a control. In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 325 Proposal for a directive Article 2 – paragraph 1 – point 7
(7)'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in national or international telephone numbering plans, or by enabling communication with a number or numbers in national or international telephone numbering plans;	(7)'number-independent interpersonal communications service' means an interpersonal communications service which does not connect with the public switched telephone network, either by means of assigned numbering resources, i.e. a number or numbers in the national telephone numbering plan, or by enabling communication with a number or numbers in national or international telephone numbering plans; it does not include information society services that allow interpersonal and interactive communication as a secondary feature;
Comments:

Amendment 326 Proposal for a directive Article 2 – paragraph 1 – point 11
(11)‘associated services’ means those services associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services, self-provision or automated-provision via that network and/or service or have the potential to do so and include, inter alia, number translation or systems offering equivalent functionality, conditional access systems and electronic programme guides, voice command, multi-language or language translation as well as other services such as identity, location and presence service;	(11)'associated services' means those services associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so and include, inter alia, number translation or systems offering equivalent functionality, conditional access systems and electronic programme guides, as well as other services such as identity, location and presence service;
Comments:

Amendment 327 Proposal for a directive Article 2 – paragraph 1 – point 15 a (new)
	(15 a)'subscriber' means any person or legal entity who or which is party to a contract with the provider of publicly available electronic communications services for the supply of such services;
Comments:

Amendment 328 Proposal for a directive Article 2 – paragraph 1 – point 20
(20)‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;	(20)‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;
Comments:

Amendments 329 - 566

Amendment 329 Proposal for a directive Article 2 – paragraph 1 – point 20
(20)‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;	(20)‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;
Comments:

Amendment 330 Proposal for a directive Article 2 – paragraph 1 – point 20
(20)‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;	(20)'harmful interference' means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;
Justification: ERTMS is the European railway traffic management system controlling the spacing between trains and the respect of their speed limitation; thus providing safety-related mission-critical services to railway operations. It relies on a radio-based communication service. On-board ERTMS subsystems shall be protected against interference, fulfilling the requirements specified in Annex A of the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (EU) 2016 919, which otherwise would seriously endanger the functioning of ERTMS.
Comments:

Amendment 331 Proposal for a directive Article 2 – paragraph 1 – point 20
(20)‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;	(20)'harmful interference' means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;
Comments:

Amendment 332 Proposal for a directive Article 2 – paragraph 1 – point 22
(22)‘security’ of networks and services means the ability of electronic communications networks and services to resist, at a given level of confidence, any action that compromises the availability, authenticity, integrity or confidentiality of stored or transmitted or processed data or the related services offered by, or accessible via, those networks or services.	(22)'security' of networks and services means the technical and structural ability of electronic communications networks and services to resist, at a given level of confidence, any action that compromises the availability, authenticity, integrity or confidentiality of stored or transmitted or processed data or the related services offered by, or accessible via, those networks or services.
Comments:

Amendment 333 Proposal for a directive Article 2 – paragraph 1 – point 23
(23)‘general authorisation’ means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector-specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive.	(23)‘general authorisation’ means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector-specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive, excluding not-for-profit-services provided by individuals.
Comments:

Amendment 334 Proposal for a directive Article 2 – paragraph 1 – point 26
(26)'shared use of radio spectrum' means access by two or more users to use the same frequencies under a defined sharing arrangement, authorised by a national regulatory authority on the basis of a general authorisation, individual rights of use or a combination thereof, including regulatory approaches such as licenced shared access aiming to facilitate the shared use of a frequency band, subject to a binding agreement of all parties involved, in accordance with sharing rules as included in their rights of use so as to guarantee to all users predictable and reliable sharing arrangements, and without prejudice to the application of competition law;	(26)'shared use of radio spectrum' means access by two or more users to use the same frequencies under a defined sharing arrangement, authorised by a national regulatory authority on the basis of a general authorisation, individual rights of use or a combination thereof;
Comments:

Amendment 335 Proposal for a directive Article 2 – paragraph 1 – point 28
(28)‘access’ means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services, including when they are used for the delivery of information society services or broadcast content services. It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment, by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to information systems or databases for pre-ordering, provisioning, ordering, maintaining and repair requests, and billing; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, including software emulated networks, in particular for roaming; access to conditional access systems for digital television services and access to virtual network services;	(28)'access' means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services, including when they are used for the delivery of information society services or broadcast content services. It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment, by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to information systems or databases for pre-ordering, provisioning, ordering, maintaining and repair requests, and billing; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services and access to virtual network services;
Comments:

Amendment 336 Proposal for a directive Article 2 – paragraph 1 – point 32
(32)voice communications’ means a service made available to the public for originating and receiving, directly or indirectly, national or national and international calls through a number or numbers in a national or international telephone numbering plan;	(32)'voice communications service' means a number-based interpersonal communications service made available to the public for originating and receiving, directly or indirectly, national or national calls through a number or numbers in a national or international telephone numbering plan;
Justification: If BEREC is to become an agency, its role and powers should be enhanced adequately (especially in articles 32-33)
Comments:

Amendment 415 Proposal for a directive Article 10 – paragraph 2 a (new)
	2 a.Member States shall ensure that national regulatory authorities apply Regulation 2015/2120 and BEREC Guidelines adopted pursuant to Article 5.3 of the abovementioned Regulation and coordinate within BEREC with other national regulatory authorities when implementing it.
Justification: The implementation of the regulation 2015/2120 is made on a national basis without any coordination of national regulation authorities, despite the BEREC guidelines.
Comments:

Amendment 566 Proposal for a directive Article 40 – paragraph 1
1.Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.	1.Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to ensure that, when necessary for confidentiality, electronic communications content is encrypted from end-to-end by default, in order to prevent and minimise the impact of security incidents on users and on other networks and services.
Comments:

Amendments 567 - 576

Amendment 567 Proposal for a directive Article 40 – paragraph 1
1.Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.	1.Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to ensure that electronic communications content are encrypted from end-to-end by default, in order to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.
Justification: Encrypting communications content from end to end by default is the only way to effectively minimise the impact of security incidents. Any other measure would barely has any effect.Furthermore, such an obligation would be the mere implementation of Directive 2002/58/EC, article 5(1), which prohibits any “kinds of interception or surveillance of communications (...) by persons other than users, without the consent of the users concerned”.
Comments:

Amendment 568 Proposal for a directive Article 40 – paragraph 1
1.Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.	1.Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to ensure that electronic communications content are encrypted from end-to-end by default, in order to prevent and minimise the impact of security incidents on users and on other networks and services.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 569 Proposal for a directive Article 40 – paragraph 1
1.Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.	1.Member States shall ensure that undertakings providing public communications networks or publicly available number-based electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services.
Comments:

Amendment 570 Proposal for a directive Article 40 – paragraph 1 a (new)
	1 a.Member States shall not impose any obligation to undertakings providing public communications networks or publicly available electronic communications services that would result in the weakening of the security of their networks and services.
Comments:

Amendment 571 Proposal for a directive Article 40 – paragraph 3 – subparagraph 1
Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a breach of security that has had a significant impact on the operation of networks or services.	Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify without undue delay the competent authority of a security incident that has had a significant impact on the operation of networks or services.
Comments:

Amendment 572 Proposal for a directive Article 40 – paragraph 3 – subparagraph 2 – point d
(d)the extent to which the functioning of the service is disrupted;	(d)the extent to which the functioning of the network or service is disrupted;
Comments:

Amendment 573 Proposal for a directive Article 40 – paragraph 3 – subparagraph 2 – point e
(e)the impact on economic and societal activities.	deleted
Justification: There is a need to align these provisions with the NIS directive
Comments:

Amendment 574 Proposal for a directive Article 40 – paragraph 3 – subparagraph 2 – point e
(e)the impact on economic and societal activities.	deleted
Comments:

Amendment 575 Proposal for a directive Article 40 – paragraph 3 – subparagraph 4 a (new)
	Member States shall ensure that in case of a particular risk of a security incident in public communications networks or publicly available electronic communications services providers of such networks or services shall inform their end-users of such a risk and of any possible protective measures or remedies which can be taken by the end-users.
Comments:

Amendment 576 Proposal for a directive Article 40 – paragraph 5
5.The Commission, shall be empowered to adopt delegated acts in accordance with Article 109 with a view to specifying the measures referred to in paragraphs 1 and 2, including measures defining the circumstances, format and procedures applicable to notification requirements. The delegated acts shall be based on European and international standards to the greatest extent possible, and shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2.	deleted
Comments:

Amendments 577 - 600

Amendment 577 Proposal for a directive Article 40 – paragraph 5
5.The Commission, shall be empowered to adopt delegated acts in accordance with Article 109 with a view to specifying the measures referred to in paragraphs 1 and 2, including measures defining the circumstances, format and procedures applicable to notification requirements. The delegated acts shall be based on European and international standards to the greatest extent possible, and shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2.	5.The Commission, shall be empowered to adopt delegated acts in accordance with Article 109 with a view to specifying the measures referred to in paragraphs 1 and 2, including measures defining the circumstances, format and procedures applicable to notification requirements. The delegated acts shall be based on European and international standards to the greatest extent possible, and shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2. Where Member States impose additional requirements on undertakings providing public communications networks or publicly available electronic communications services in more than one Member state, they should notify these measures to the Commission and ENISA. ENISA shall assist Member states in coordinating the measures taken to avoid duplication or diverging requirements that may create security risks and barriers to the internal market.
Comments:

Amendment 578 Proposal for a directive Article 40 – paragraph 5 a (new)
	5 a.By ...[date] in order to contribute to the consistent application of measures for the security of networks and services, ENISA, shall, after consulting stakeholders and in close cooperation with the Commission and BEREC issue guidelines on minimum criteria and common approaches for the security of networks and services and the promotion of the use of end-to-end encryption.
Justification: The amendment aims to promote competition criteria in radio spectrum assignment procedures.
Comments:

Amendment 593 Proposal for a directive Article 45 – paragraph 1 – subparagraph 1
Taking due account of the fact that radio spectrum is a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio spectrum for electronic communications services and networks in their territory in accordance with Articles 3 and 4. They shall ensure that radio spectrum allocation used for electronic communications services and networks and issuing general authorisations or individual rights of use for such radio spectrum by competent authorities are based on objective, transparent, non-discriminatory and proportionate criteria.	Taking due account of the fact that radio spectrum is a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio spectrum for electronic communications services and networks in their territory in accordance with Articles 3 and 4. They shall ensure that radio spectrum allocation used for electronic communications services and networks and issuing general authorisations or individual rights of use for such radio spectrum by competent authorities are based on objective, transparent, pro-competitive, non-discriminatory and proportionate criteria.
Justification: Member states should ensure that spectrum is allocated in a way that takes into account the possibility to promote competition in the markets.
Comments:

Amendment 594 Proposal for a directive Article 45 – paragraph 1 – subparagraph 1
Taking due account of the fact that radio spectrum is a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio spectrum for electronic communications services and networks in their territory in accordance with Articles 3 and 4. They shall ensure that radio spectrum allocation used for electronic communications services and networks and issuing general authorisations or individual rights of use for such radio spectrum by competent authorities are based on objective, transparent, non-discriminatory and proportionate criteria.	Taking due account of the fact that radio spectrum is a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio spectrum for electronic communications services and networks in their territory in accordance with Articles 3 and 4. They shall ensure that radio spectrum allocation used for electronic communications services and networks and issuing general authorisations or individual rights of use for such radio spectrum by competent authorities are based on objective, transparent, pro-competitive, non-discriminatory and proportionate criteria.
Comments:

Amendment 595 Proposal for a directive Article 45 – paragraph 2 – subparagraph 1 – point a
(a)ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network;	(a)ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network as defined in Regulation 1315/2013;
Justification: The reference to the Regulation clarifies the definition of TEN-T.
Comments:

Amendment 596 Proposal for a directive Article 45 – paragraph 2 – subparagraph 1 – point a
(a)ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network;	(a)ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network as defined in Regulation 1315/2013;
Comments:

Amendment 597 Proposal for a directive Article 45 – paragraph 2 – subparagraph 1 – point a
(a)ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network;	(a)ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network as defined in Regulation 1315/2013;
Justification: The reference to the Trans-European networks clarifies the definition, keeping railways in the scope.
Comments:

Amendment 598 Proposal for a directive Article 45 – paragraph 2 – subparagraph 1 – point a
(a)ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network;	(a)ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network as defined in Regulation 1315/2013;
Comments:

Amendment 599 Proposal for a directive Article 45 – paragraph 2 – subparagraph 1 – point c a (new)
	(c a)ensuring predictability and consistency in the way rights are granted, renewed or modified in order to promote long term investments
Justification: Predictability lowers the risk for investments
Comments:

Amendment 600 Proposal for a directive Article 45 – paragraph 2 – subparagraph 1 – point c a (new)
	(c a)ensuring predictability and consistency in the way rights are granted, renewed or modified in order to promote long term investments
Comments:

Amendments 601 - 610

Amendment 601 Proposal for a directive Article 45 – paragraph 2 – subparagraph 1 – point e
(e)promoting the shared use of radio spectrum between similar and/or different uses of spectrum through appropriate established sharing rules and conditions, including the protection of existing rights of use, in accordance with Union law;	(e)promoting the shared use of radio spectrum between similar and/or different uses of spectrum; promoting competition through appropriate established sharing rules and conditions, including the protection of existing rights of use, in accordance with Union law;
Justification: Competition criteria in radio spectrum procedures are important when the procedures are designed. Fair and non-discriminatory wholesale access conditions and consumer choice should be enhanced.
Comments:

Amendment 602 Proposal for a directive Article 45 – paragraph 2 – subparagraph 1 – point e
(e)promoting the shared use of radio spectrum between similar and/or different uses of spectrum through appropriate established sharing rules and conditions, including the protection of existing rights of use, in accordance with Union law;	(e)promoting the shared use of radio spectrum between similar and/or different uses of spectrum promoting competition through appropriate established sharing rules and conditions, including the protection of existing rights of use, in accordance with Union law;
Justification: The amendment aims to promote competition in radio spectrum assignment procedures.
Comments:

Amendment 603 Proposal for a directive Article 45 – paragraph 2 – subparagraph 1 – point e a (new)
	(e a)The Commission shall establish a programme aiming to release spectrum for shared and unlicensed uses. This programme shall include the development of a European database of shared and unlicensed spectrum.
Justification: Innovation and freedom of expression need a broad access to shared and unlicensed uses of , as stressed in article 6 of the 2012 Radio Spectrum Policy Programme. Increasing this access is thus a major challenge. Following the success of the release of the 1,2 Ghz frequencies within the Radio spectrum policy programme (Article 3 of Decision 243/2012/EU), the European Commission shall launch such a programme aiming at the release of shared spectrum. A database of shared spectrum would greatly facilitate and encourage the release of shared spectrum.
Comments:

Amendment 604 Proposal for a directive Article 45 – paragraph 2 – subparagraph 2
When adopting technical harmonisation measures under Decision No 676/2002/EC, the Commission may, taking utmost account of the opinion of Radio Spectrum Policy Group, adopt an implementing measure setting out whether, pursuant to Article 46 of this Directive, rights in the harmonised band shall be subject to a general authorisation or to individual rights of use. Those implementing measures shall be adopted in accordance with the examination procedure referred to in Article 110(4).	deleted
Comments:

Amendment 605 Proposal for a directive Article 45 – paragraph 2 – subparagraph 3
Where the Commission is considering acting to provide for measures in accordance with Article 39, it may seek the advice of the Radio Spectrum Policy Group with regard to the implications of any such standard or specification for the coordination, harmonisation and availability of radio spectrum. The Commission shall take utmost account of the advice of the Radio Spectrum Policy Group in taking any subsequent steps.	Where the Commission is considering acting to provide for measures in accordance with Article 39, it shall seek the advice of the Radio Spectrum Policy Group with regard to the implications of any such standard or specification for the coordination, harmonisation and availability of radio spectrum. The Commission shall take utmost account of the advice of the Radio Spectrum Policy Group in taking any subsequent steps.
Justification: Advice of RSPG is essential to assess the impact of measures linked to spectrum harmonisation.
Comments:

Amendment 606 Proposal for a directive Article 45 – paragraph 3 – subparagraph 1 – introductory part
Si l’utilisation d’une bande harmonisée ne suscite pas de demande sur le marché national ou régional, et sous réserve de la mesure d’harmonisation adoptée en vertu de la décision n° 676/2002/CE, les États membres peuvent autoriser une utilisation alternative de tout ou partie de cette bande, y compris l’utilisation existante, conformément aux paragraphes 4 et 5, à condition:	Si l’utilisation d’une bande harmonisée ne suscite pas de demande sur le marché national ou régional, et sous réserve de la mesure d’harmonisation adoptée en vertu de la décision n° 676/2002/CE, et sans préjudice de la décision 243/2012 / UE établissant un programme pluriannuel de politique du spectre radioélectrique (RSPP) et la décision n ° ... / 2017 / UE concernant l'utilisation de la bande de fréquences 470-790 MHz dans l'Union, les États membres peuvent autoriser une utilisation alternative de tout ou partie de cette bande, y compris l’utilisation existante, conformément aux paragraphes 4 et 5, à condition:
Comments:

Amendment 607 Proposal for a directive Article 45 – paragraph 3 – subparagraph 1 – introductory part
In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:	In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and Decision No .../2017/EU on the use of the 470-790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:
Justification: Any of the proposed measures in Article 45, paragraph 3 should not put into question the specific solutions retained in Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and Decision No …/2017/EU on the use of the UHF band.
Comments:

Amendment 608 Proposal for a directive Article 45 – paragraph 3 – subparagraph 1 – introductory part
In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:	In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and Decision No .../2017/EU on the use of the 470-790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:
Comments:

Amendment 609 Proposal for a directive Article 45 – paragraph 3 – subparagraph 1 – introductory part
In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:	In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and Decision No .../2017/EU on the use of the 470-790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:
Comments:

Amendment 610 Proposal for a directive Article 45 – paragraph 3 – subparagraph 1 – point a
(a)the finding of a lack of market demand for the use of the harmonised band is based on a public consultation in line with Article 23;	(a)the finding of a lack of market demand for the use of the harmonised band is based on a public consultation in line with Article 23 and on a forward-looking assessment of the market competitive conditions ;
Justification: There is a need to simplify the procedure as proposed. In addition, in accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendments 611 - 664

Amendment 611 Proposal for a directive Article 45 – paragraph 4 – subparagraph 2 – introductory part
Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services where this is necessary to:	Member States shall provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services in order to:
Comments:

Amendment 612 Proposal for a directive Article 45 – paragraph 4 – subparagraph 2 – introductory part
Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services where this is necessary to:	Member States shall, however, provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services in order to:
Justification: Avoiding harmful interferences in the safety-critical tasks can be an obligation for safety reasons.
Comments:

Amendment 613 Proposal for a directive Article 45 – paragraph 4 – subparagraph 2 – point d a (new)
	(d a)promote interconnection in Europe along major transport paths;
Justification: Achieving interoperability is essential for the creation of smart, single transportation area in Europe. The seamless and safe circulation of passengers and goods on roads and railways across the EU. Seamless interconnection can boost the efficiency and safety of logistics and passenger traffic and contribute to environment-friendly transport in the internal market.
Comments:

Amendment 614 Proposal for a directive Article 45 – paragraph 4 – subparagraph 2 – point d a (new)
	(d a)promote interconnection in Europe along major transport paths;
Comments:

Amendment 615 Proposal for a directive Article 45 – paragraph 5 – subparagraph 2 – point d a (new)
	(d a)the promotion of interconnection in Europe along major transport paths.
Comments:

Amendment 616 Proposal for a directive Article 45 – paragraph 5 – subparagraph 2 – point d a (new)
	(d a)the promotion of interconnection in Europe along major transport paths
Comments:

Amendment 617 Proposal for a directive Article 45 – paragraph 5 – subparagraph 3
A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined by Member States in accordance with Union law.	A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined by the Union and Member States in accordance with Union law.
Comments:

Amendment 618 Proposal for a directive Article 45 – paragraph 5 – subparagraph 3
A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined by Member States in accordance with Union law.	A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined by Member States and the EU in accordance with Union law.
Justification: Safety of life services need to be acknowledged on Member State and EU level.
Comments:

Amendment 619 Proposal for a directive Article 45 – paragraph 5 – subparagraph 3
A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined by Member States in accordance with Union law.	A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined by Member States and the EU in accordance with Union law.
Justification: in accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 664 Proposal for a directive Article 49 – paragraph 1
1.Where Member States authorise the use of radio spectrum through individual rights of use for a limited period of time, they shall ensure that the authorisation is granted for a period that is appropriate in view of the objective pursued taking due account of the need to ensure effective and efficient use and promote efficient investments, including by allowing for an appropriate period for investment amortisation.	1.Where Member States authorise the use of radio spectrum through individual rights of use for a limited period of time, they shall ensure that the authorisation is granted for a period that is appropriate in view of the objective pursued taking due account of the need to ensure competition as well as effective and efficient use and promote efficient investments, including by allowing for an appropriate period for investment amortisation.
Justification: We should strengthen the criteria not only towards investment but also competition.
Comments:

Amendments 665 - 674

Amendment 665 Proposal for a directive Article 49 – paragraph 2
2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.	deleted
Comments:

Amendment 666 Proposal for a directive Article 49 – paragraph 2
2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.	2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 15 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands, and subject to the provisions of Article 19 and 30. Where the rights of use duration goes beyond 15 years, a mid-term assessment shall be convened after 10 years of granting the rights of use. Rights of use may be withdrawn or adjusted by the Member States pursuant to this assessment if such allocation prevents:- ensuring the efficient and effective use of radio spectrum,- pursuing a general interest objective, such as the achievement of the Union connectivity targets, or- organising and using radio spectrum for public order, public security purposes or defence.In case of withdrawal, the rights of use can only be revoked after a transitional period.
Justification: The harmonised license duration is a set as a minimum but it remains up to the MS to decide to grant it for a longer period. The proposal here aims at guaranteeing at the same time a degree of visibility and certainty for market players (15 years) across the EU, while introducing flexibility safeguards in case MS decide to grant rights of use for a longer period.
Comments:

Amendment 667 Proposal for a directive Article 49 – paragraph 2
2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.	2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, they shall ensure those rights of use remain valid for a minimum period of [15] years subject to a mid-term assessment after [7-10] years of granting the rights of use. Rights of use may be withdrawn or adjusted by the Member States after the mid-term assessment if such rights prevent:- ensuring the efficient and effective use of radio spectrum,- pursuing a general interest objective, such as the achievement of the Union connectivity targets, or- organising and using radio spectrum for public order, public security purposes or defence.In case of withdrawal, the rights of use can only be revoked after a transitional period.
Comments:

Amendment 668 Proposal for a directive Article 49 – paragraph 2
2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.	2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, they shall ensure those rights of use remain valid for a minimum period of [15] years subject to a mid-term assessment after [7-10] years of granting the rights of use. Rights of use may be withdrawn or adjusted by the Member States after the mid-term assessment if such rights prevent:- ensuring the efficient and effective use of radio spectrum,- pursuing a general interest objective, such as the achievement of the Union connectivity targets, or- organising and using radio spectrum for public order, public security purposes or defence.In case of withdrawal, the rights of use can only be revoked after a transitional period.
Justification: We need to ensure effective and efficient use of spectrum and promotion of efficient investments by bringing certainty to the markets. Setting a licence duration might be one means to achieve this. However, trusting the scarce resource of radio spectrum to limited amount of players in society for a long time may hamper innovations and technological development as well as harm the competitive market dynamics and the ability of new entrants to access spectrum reliant markets, which all may result in less positive impact for citizens and consumers. We should keep in mind that there might not be a single duration that is suitable for all situations and Member States. Further than that, betting the 30 years licence to a wrong horse in 1987 could have created significant obstacles for European digital development.
Comments:

Amendment 669 Proposal for a directive Article 49 – paragraph 2
2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.	2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, they shall ensure those rights of use remain valid for a minimum period of [15] years subject to a mid-term assessment after [7-10] years of granting the rights of use. Rights of use may be withdrawn or adjusted by the Member States after the mid-term assessment if such rights prevent:- ensuring the efficient and effective use of radio spectrum,- pursuing a general interest objective, such as the achievement of the Union connectivity targets, or- organising and using radio spectrum for public order, public security purposes or defence.In case of withdrawal, the rights of use can only be revoked after a transitional period.
Comments:

Amendment 670 Proposal for a directive Article 49 – paragraph 2
2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.	2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a maximum duration of 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.Where rights of use have been granted for a duration of 25 years, Member states shall conduct reviews at regular intervals of every 5 years to assess if the use of spectrum is the most efficient in light of technological or market evolution, and where justified and necessary shall amend such rights in accordance with articles 50 and 51.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 671 Proposal for a directive Article 49 – paragraph 2
2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.	2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 30 years, provided there are conditions to facilitate trading, leasing and sharing of rights, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.
Comments:

Amendment 672 Proposal for a directive Article 49 – paragraph 2
2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.	2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 10 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.
Justification: The amendment aims to shorten the duration of 25 years for licenses, which is too long.
Comments:

Amendment 673 Proposal for a directive Article 49 – paragraph 2
2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.	2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for an appropriate duration, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.
Comments:

Amendment 674 Proposal for a directive Article 49 – paragraph 2
2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a duration of at least 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bands.	2.Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a maximum duration of 25 years, reviewed at regular intervals of maximum 5 years for assessing and amending the rights according to laydown procedures.
Justification: The draft Code proposes to extend to a minimum of 25 years the duration of rights to use the radio spectrum. This is disproportionate and unnecessary. Experience shows us that 20 years is already too long, especially considering that the regulation does not enable regulators to act when necessary, e.g. by withdrawing authorisation, even if the operator fails to honor its commitments. Allocating spectrum for more than 5 years would necessitate adding a revision clause/sunset date regularly, with sanctions if the operator fails its obligations. The maximum length of allocation shall be 25 years, with such scheduled sunset dates.
Comments:

Amendments 675 - 711

Amendment 675 Proposal for a directive Article 49 – paragraph 3
3.Member States may extend the duration of rights of use for a short period of time to ensure the simultaneous expiry of rights in one or several bands.	3.Member States may without prejudice to Article 53,extend the duration of rights of use for a period of time to ensure the simultaneous expiry of rights in one or several bands, which shall be as short as possible.
Justification: It is important that any attempt to ensure the simultaneous expiry of rights does not interfere with attempts to secure the coordinated use of harmonised radio spectrum in the Union in accordance with Article 53.
Comments:

Amendment 703 Proposal for a directive Article 55 – paragraph 2
2.Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-user.	2.Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-user. Individuals providing access to their networks for non-commercial purposes shall not be liable for information transmitted by third parties through the use of such access.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 704 Proposal for a directive Article 55 – paragraph 2
2.Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-user.	2.Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed and explicit agreement of the end-user.
Justification: Sharing of consumers' private Wi-Fi networks may bring benefits to consumers as they can use additional access points. However, it is imperative that such additional networks are only installed on consumers' private equipment with their explicit consent and that the consumer whose internet access service is being shared is under no circumstance responsible nor liable for any use that other person might do while connected to his Wi-Fi network.
Comments:

Amendment 705 Proposal for a directive Article 55 – paragraph 2
2.Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-user.	2.Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the user.
Comments:

Amendment 706 Proposal for a directive Article 55 – paragraph 2 a (new)
	2 a.End-users allowing access to their internet access service as set out in paragraph 2 shall not be liable for any use that other end-users might do while connected to their network.
Justification: Sharing of consumers' private Wi-Fi networks may bring benefits to consumers as they can use additional access points. However, it is imperative that such additional networks are only installed on consumers' private equipment with their explicit consent and that the consumer whose internet access service is being shared is under no circumstance responsible nor liable for any use that other person might do while connected to his Wi-Fi network.
Comments:

Amendment 707 Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – introductory part
In line in particular with Article 3(1) of Regulation 2015/2120 of the European Parliament and of the Council,48 competent authorities shall ensure that providers of public communications networks or publicly available electronic communications services do not unilaterally restrict:	In line in particular with Article 3(1) of Regulation 2015/2120 of the European Parliament and of the Council,48 competent authorities shall ensure that providers of public communications networks or number-based publicly available electronic communications services do not unilaterally restrict:
_________________	_________________
48 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1	48 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1
Comments:

Amendment 708 Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – point a
a)the right of end-users to accede to radio local area networks of their choice provided by third parties;	deleted
Comments:

Amendment 709 Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – point a
a)the right of end-users to accede to radio local area networks of their choice provided by third parties;	a)the right of users to accede to radio local area networks of their choice provided by third parties;
Comments:

Amendment 710 Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – point b
b)the right of end-users to allow reciprocally or more generally access to the networks of such providers by other end-users through radio local area networks, including on the basis of third-party initiatives which aggregate and make publicly accessible the radio local area networks of different end-users.	deleted
Comments:

Amendment 711 Proposal for a directive Article 55 – paragraph 3 – subparagraph 1 – point b
b)the right of end-users to allow reciprocally or more generally access to the networks of such providers by other end-users through radio local area networks, including on the basis of third-party initiatives which aggregate and make publicly accessible the radio local area networks of different end-users.	b)the right of users to allow reciprocally or more generally access to the networks of such providers by other end-users through radio local area networks, including on the basis of third-party initiatives which aggregate and make publicly accessible the radio local area networks of different end-users.
Comments:

Amendments 712 WTF Pourquoi il fait ça lui ?? - 723

Amendment 712 WTF Pourquoi il fait ça lui ?? Proposal for a directive Article 55 – paragraph 3 – subparagraph 2
To that end, providers of public communications networks or publicly available electronic communications services shall make available and actively offer, clearly and transparently, products or specific offers allowing its end-users to provide access to third parties through a radio local area network.	deleted
Comments:

Amendment 713 Proposal for a directive Article 55 – paragraph 3 – subparagraph 2
To that end, providers of public communications networks or publicly available electronic communications services shall make available and actively offer, clearly and transparently, products or specific offers allowing its end-users to provide access to third parties through a radio local area network.	deleted
Justification: Contract clauses that forbid subscribers to share their connections with others should be prohibited in any case: the possibility to share their connections should not be limited to specific offers.
Comments:

Amendment 714 Proposal for a directive Article 55 – paragraph 4
4.Competent authorities shall not restrict the right of end-users to allow reciprocally or more generally access to their radio local area networks by other end-users, including on the basis of third-party initiatives which aggregate and make the radio local area networks of different end-users publicly accessible.	4.Competent authorities shall not restrict the right of users to allow reciprocally or more generally access to their radio local area networks by other end-users, including on the basis of third-party initiatives which aggregate and make the radio local area networks of different end-users publicly accessible.
Comments:

Amendment 715 Proposal for a directive Article 55 – paragraph 5 – point b
(b)by initiatives of non-governmental organisations or public authorities to aggregate and make reciprocally or more generally accessible the radio local area networks of different end-users, including, where applicable, the radio local area networks to which public access is provided in accordance with point (a).	(b)by initiatives of non-governmental organisations or public authorities to aggregate and make reciprocally or more generally accessible the radio local area networks of different users, including, where applicable, the radio local area networks to which public access is provided in accordance with point (a).
Comments:

Amendment 718 Proposal for a directive Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.	National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Justification: Significant Market Power (SMP) is an important barrier for regulatory intervention. Oligopolistic structures are increasingly commonplace as a result of market consolidation and NRAs should be able to regulate oligopolistic market structures when necessary. We should either delete the part on very high capacity networks or ensure that the objectives in Article 3 are in fact equal.
Comments:

Amendment 719 Proposal for a directive Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.	National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Justification: The tools that NRAs are given by telecom regulation are mainly focused on situations where Significant Market Power (SMP) is demonstrable. This is an important barrier for regulatory intervention that is not easy for NRAs to overcome. Importantly, as BEREC rightly points out, situations of Significant Market Power are not the only threats to competition. Oligopolistic structures where the market is dominated by not one but a reduced number of players are also problematic and increasingly commonplace as a result of market consolidation. Member States must be entitled to empower their NRAs to deal with oligopolistic market structures.
Comments:

Amendment 720 Proposal for a directive Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.	National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, media pluralism, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Comments:

Amendment 721 Proposal for a directive Article 59 – paragraph 1 – subparagraph 2 – introductory part
En particulier, sans préjudice des mesures qui pourraient être prises à l’égard d’entreprises puissantes sur le marché conformément à l’article 66, les autorités de régulation nationales doivent être en mesure d’imposer:	En particulier, sans préjudice des mesures qui pourraient être prises à l’égard d’entreprises puissantes sur le marché conformément à l’article 66, les autorités de régulation nationales doivent être en mesure d’imposer, entre autres :
Comments:

Amendment 722 Proposal for a directive Article 59 – paragraph 1 – subparagraph 2 – point c
(c)in justified cases, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely where access to emergency services or end-to-end connectivity between end-users is endangered due to a lack of interoperability between interpersonal communications services.	deleted
Comments:

Amendment 723 Proposal for a directive Article 59 – paragraph 1 – subparagraph 2 – point c
(c)in justified cases, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely where access to emergency services or end-to-end connectivity between end-users is endangered due to a lack of interoperability between interpersonal communications services.	deleted
Comments:

Amendments 724 - 733

Amendment 724 Proposal for a directive Article 59 – paragraph 1 – subparagraph 2 – point c
(c)in justified cases, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely where access to emergency services or end-to-end connectivity between end-users is endangered due to a lack of interoperability between interpersonal communications services.	deleted
Comments:

Amendment 725 Proposal for a directive Article 59 – paragraph 1 – subparagraph 2 – point c
(c)in justified cases, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely where access to emergency services or end-to-end connectivity between end-users is endangered due to a lack of interoperability between interpersonal communications services.	(c)in justified cases where the reach, coverage and user uptake corresponds to that of number-based services and where strictly necessary in order to ensure access to emergency services or end-to-end communication between end-users is due to a lack of interoperability between interpersonal communications services, obligations on providers of number-independent interpersonal communications services to make their services interoperable.
Comments:

Amendment 726 Proposal for a directive Article 59 – paragraph 1 – subparagraph 2 – point d
d)aux opérateurs, dans la mesure de ce qui est nécessaire pour assurer l’accès des utilisateurs finaux à des services de transmissions radiophoniques et télévisées numériques spécifiés par l’État membre, l’obligation de fournir l’accès aux autres ressources visées à l’annexe II, partie II, dans des conditions équitables, raisonnables et non discriminatoires.	d)aux opérateurs, dans la mesure de ce qui est nécessaire pour assurer l’accès des utilisateurs finaux à des services de transmissions radiophoniques, aux services média audiovisuels et aux services complémentaires, spécifiés par l’État membre, l’obligation de fournir l’accès aux autres ressources visées à l’annexe II, partie II, dans des conditions équitables, raisonnables et non discriminatoires.
Comments:

Amendment 727 Proposal for a directive Article 59 – paragraph 1 – subparagraph 2 – point d
(d)to the extent that is necessary to ensure accessibility for end-users to digital radio and television broadcasting services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.	(d)to the extent that is necessary to ensure accessibility for end-users to digital radio and audiovisual media services and related complementary services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.
Justification: TV broadcasting should be changed in to more technology neutral and future-proof term.
Comments:

Amendment 728 Proposal for a directive Article 59 – paragraph 1 – subparagraph 2 – point d
(d)to the extent that is necessary to ensure accessibility for end-users to digital radio and television broadcasting services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.	(d)to the extent that is necessary to ensure accessibility for end-users to digital radio and audiovisual media services and related complementary services specified by the Member State, obligations on operators to provide access to the other facilities referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.
Comments:

Amendment 729 Proposal for a directive Article 59 – paragraph 1 – subparagraph 3
The obligations referred to in point (c) of the second subparagraph may only be imposed:	deleted
(i) to the extent necessary to ensure interoperability of interpersonal communications services and may include obligations relating to the use and implementation of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; and
(ii) where the Commission, on the basis of a report that it had requested from BEREC, has found an appreciable threat to effective access to emergency services or to end-to-end connectivity between end-users within one or several Member States or throughout the European Union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed, in accordance with the examination procedure referred to in Article 110(4).
Comments:

Amendment 730 Proposal for a directive Article 59 – paragraph 1 – subparagraph 3
The obligations referred to in point (c) of the second subparagraph may only be imposed:	deleted
(i) to the extent necessary to ensure interoperability of interpersonal communications services and may include obligations relating to the use and implementation of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; and
(ii) where the Commission, on the basis of a report that it had requested from BEREC, has found an appreciable threat to effective access to emergency services or to end-to-end connectivity between end-users within one or several Member States or throughout the European Union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed, in accordance with the examination procedure referred to in Article 110(4).
Comments:

Amendment 731 Proposal for a directive Article 59 – paragraph 1 – subparagraph 3 – point i
(i)to the extent necessary to ensure interoperability of interpersonal communications services and may include obligations relating to the use and implementation of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; and	(i)to the extent necessary to ensure interoperability of interpersonal communications services and may include an obligation to publish and authorize the use, modification and redistribution of any relevant information or an obligation to use or implement of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; and
Justification: Ensuring interoperability of interpersonal communications services requires that the technical information necessary to communicate with the users of such services can be freely accessed, used, modified and redistributed by anyone, whether this information is already public or held by the providers of these services. Encryption should not be jeopardized by such standards.
Comments:

Amendment 732 Proposal for a directive Article 59 – paragraph 1 – subparagraph 3 – point i
(i)to the extent necessary to ensure interoperability of interpersonal communications services and may include obligations relating to the use and implementation of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; and	(i)to the extent necessary to ensure interoperability of interpersonal communications services and may include obligations relating to the use and implementation of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; such obligations shall not lead to the weakening of security standards of these services.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 733 Proposal for a directive Article 59 – paragraph 1 – subparagraph 3 – point ii
(ii)where the Commission, on the basis of a report that it had requested from BEREC, has found an appreciable threat to effective access to emergency services or to end-to-end connectivity between end-users within one or several Member States or throughout the European Union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed, in accordance with the examination procedure referred to in Article 110(4).	(ii)where the Commission, on the basis of a report that it had requested from BEREC, has found an appreciable threat to effective access to emergency services or to end-to-end connectivity between end-users within one or several Member States or throughout the European Union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed, in accordance with the examination procedure referred to in Article 110(4). Member states may not impose any additional obligations.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendments 734 - 743

Amendment 734 Proposal for a directive Article 59 – paragraph 2
(2)Die nationalen Regulierungsbehörden legen auf angemessenen Antrag auf Zugang zu Verkabelungen in Gebäuden oder bis zum ersten Konzentrations- oder Verteilungspunkt, sofern dieser außerhalb des Gebäudes liegt, den Eigentümern solcher Verkabelungen oder Unternehmen, die zu deren Nutzung berechtigt sind, Verpflichtungen auf, wenn dies dadurch gerechtfertigt ist, dass eine Replizierung dieser Netzbestandteile wirtschaftlich ineffizient oder praktisch unmöglich wäre. Die auferlegten Zugangsbedingungen können konkrete Bestimmungen bezüglich Zugang, Transparenz und Nichtdiskriminierung sowie der Umlegung der Kosten des Zugangs enthalten, die zur Berücksichtigung von Risikofaktoren gegebenenfalls angepasst werden.	entfällt
Die nationalen Regulierungsbehörden können diesen Eigentümern oder Unternehmen zu fairen und angemessenen Bedingungen auch Verpflichtungen zur Zugangsgewährung auferlegen, die sich über den ersten Konzentrations- oder Verteilungspunkt hinaus bis zu einem möglichst nahe an den Endnutzern gelegenen Konzentrationspunkt erstrecken, soweit dies unbedingt notwendig ist, um unüberwindbare wirtschaftliche oder natürliche Hindernisse für eine Replizierung in weniger dicht besiedelten Gebieten zu umgehen.
Die nationalen Regulierungsbehörden erlegen die in Unterabsatz 2 genannten Verpflichtungen nicht auf, wenn
a) einem Unternehmen ein tragfähiger und vergleichbarer alternativer Zugangsweg zu den Endnutzern zur Verfügung gestellt wird, sofern der Zugang zu fairen und angemessenen Bedingungen zu einem Netz mit sehr hoher Kapazität von einem Unternehmen gewährt wird, das die Kriterien in Artikel 77 Absatz 1 Buchstaben a und b erfüllt;
b) bei neuen Netzbestandteilen, die insbesondere im Rahmen kleinerer lokaler Projekte errichtet wurden, die Gewährung des Zugangs die wirtschaftliche oder finanzielle Tragfähigkeit der Errichtung gefährden würde.
Justification: Die EU-Kostenreduzierungsrichtlinie 2014/61/EU beinhaltet zusätzliche Elemente einer symmetrischen Regulierung. Die Europäische Kommission legt dem Europäischen Parlament und dem Rat spätestens am 1. Juli 2018 einen Bericht über die Umsetzung dieser Richtlinie vor. Es sollten zunächst die Ergebnisse des Umsetzungsberichtes abgewartet werden, um auf dieser Grundlage entscheiden zu können, ob zusätzliche Elemente einer symmetrischen Regulierung notwendig sind.
Comments:

Amendment 735 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	Where this is justified on the grounds that replication of such network elements would be economically inefficient or technically impossible and the access to such elements is necessary to foster sustainable competition, national regulatory authorities shall impose obligations upon reasonable request, to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables. The access conditions imposed may include specific rules on access, including where necessary to the required associated facilities, on transparency, non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.Such obligations shall only be imposed following a market analysis procedure in accordance with article 65 and shall complement but not replace regulatory measures taken in accordance with article 66 to ensure the effectiveness of the actions of national regulatory authorities to comply with the objectives set out in article 3 of this Directive.
Justification: Symmetric obligations being imposed on all undertaking without regard to their market power shall only be imposed where justified and necessary given their potential negative impact on investment and competition. They should therefore be linked to a market analysis procedure to prevent that they achieve the opposite goals that the obligations taken by regulators under the SMP regime seek to achieve. In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 736 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	Without prejudice to 59(1), national regulatory authorities shall, taking full account of the principle of proportionality impose obligations to meet reasonable requests to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside but close to the building, or beyond it to a concentration point close to end-users, on the owners of such wiring and cable or on undertakings on providers of electronic communications networks or electronic communications services that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed shall be objective, transparent, non-discriminatory and proportionate in accordance with the principles set out in Article 3(3), and may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access. These measures should be consistent with the provisions of [Broadband Cost reductions Directive]
Justification: The connection between 59(1) and 59(2) should be clarified through the negotiations in the EP and with the Council. In the absence of specific powers for symmetrical obligation, assessing market dominance is difficult. There are links to article 13(2) and to Annex I, Part A, point 7.
Comments:

Amendment 737 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	Without prejudice to 59(1), national regulatory authorities shall, taking full account of the principle of proportionality impose obligations to meet reasonable requests to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside but close to the building, or beyond it to a concentration point close to end-users, on the owners of such wiring and cable or on undertakings on providers of electronic communications networks or electronic communications services that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed shall be objective, transparent, non-discriminatory and proportionate in accordance with the principles set out in Article 3(3), and may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access. These measures should be consistent with the provisions of [Broadband Cost reductions Directive]
Comments:

Amendment 738 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	In particular, and without prejudice to the generalities of 59(1), national regulatory authorities may impose obligations to meet reasonable requests for access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building or beyond it to a concentration point close to end-users on providers of electronic communications networks or electronic communications services that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency, non-discrimination and the price of access, which, where appropriate, are adjusted to take into account risk factors.When imposing access regulation beyond the first concentration or distribution point, national regulatory authorities may under special circumstances impose active or virtual access to such wiring and cables.
Comments:

Amendment 739 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	National regulatory authorities may impose obligations to meet reasonable requests for access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, or beyond it to a concentration point close to end-users, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. These access conditions should be imposed on fair and reasonable terms and conditions, and may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors. When imposing access regulation beyond the first concentration or distribution point, national regulatory authorities may, under special circumstances, impose active or virtual access to such wiring and cables.
Comments:

Amendment 740 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	National regulatory authorities may impose obligations to address reasonable requests for access to wiring and cables inside buildings, up to the first concentration or distribution point where that point is located outside the building, or beyond that point at a concentration point in proximity of the end-user, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors. National regulatory authorities may, when circumstances require it, impose active or virtual access to wiring and cables, in the event of imposing access regulation beyond the first concentration or distribution point.
Comments:

Amendment 741 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	National regulatory authorities shall impose obligations to meet reasonable requests for access to wiring and cables inside buildings or up to a concentration or distribution point as close to end-users as possible, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors. Under special circumstances, when access regulation is imposed beyond the first concentration or distribution point, national regulatory authorities may impose active or virtual access to such wiring and cables.
Comments:

Amendment 742 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	National regulatory authorities shall impose obligations to meet reasonable requests for access to wiring and cables inside buildings or up to a concentration or distribution point as close as possible to end-users, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency, non-discrimination and the price of access, which, where appropriate, are adjusted to take into account risk factors.When imposing access regulation beyond the first concentration or distribution point, national regulatory authorities may under special circumstances impose active or virtual access to such wiring and cables.
Comments:

Amendment 743 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to a concentration or distribution point as close as possible to end-users, determined by the national regulatory authority, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access to such network elements and to associated facilities and services, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.
Comments:

Amendments 744 - 753

Amendment 744 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	Following the completion of a market analysis carried out in accordance with Article 65, national regulatory authorities shall impose obligations to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.
Comments:

Amendment 745 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to a concentration or distribution point as close as possible to end-users, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access to such network elements and to associated facilities and services, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.
Comments:

Amendment 746 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	National regulatory authorities may impose obligations upon reasonable request to grant access to wiring and cables inside residential buildings or up to the first concentration or distribution point where that point is located outside the residential building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.
Comments:

Amendment 747 Proposal for a directive Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.	National regulatory authorities may impose obligations upon reasonable request to grant access to wiring and cables inside buildings or up to the first concentration or distribution point where that point is located outside the building, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and non-discrimination and for apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.
Comments:

Amendment 748 Proposal for a directive Article 59 – paragraph 2 – subparagraph 2
National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.	deleted
Comments:

Amendment 749 Proposal for a directive Article 59 – paragraph 2 – subparagraph 2
National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.	deleted
Comments:

Amendment 750 Proposal for a directive Article 59 – paragraph 2 – subparagraph 2
National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.	deleted
Comments:

Amendment 751 Proposal for a directive Article 59 – paragraph 2 – subparagraph 2
National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.	deleted
Justification: In correspondence to the amendment on Article 59 - paragraph 2 - subparagraph 1.
Comments:

Amendment 752 Proposal for a directive Article 59 – paragraph 2 – subparagraph 2
National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.	deleted
Comments:

Amendment 753 Proposal for a directive Article 59 – paragraph 2 – subparagraph 2
National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.	When imposing access regulation beyond the first concentration or distribution point, national regulatory authorities may under special circumstances impose active or virtual access to such wiring and cables beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.
Justification: National regulatory authorities should have ability to impose regulation as close as possible to end-users if necessary to address economic or physical barriers, especially in areas with low population density.
Comments:

Amendments 754 - 763

Amendment 754 Proposal for a directive Article 59 – paragraph 2 – subparagraph 2
National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.	National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication, in particular in areas with lower population density.
Comments:

Amendment 755 Proposal for a directive Article 59 – paragraph 2 – subparagraph 2
National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.	National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the concentration or distribution point mentioned to the first subparagraph where such network element would be economically unviable or physically impossible to replicate in areas with lower population density.
Comments:

Amendment 756 Proposal for a directive Article 59 – paragraph 2 – subparagraph 2
National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point to a concentration point as close as possible to end-users, to the extent strictly necessary to address insurmountable economic or physical barriers to replication in areas with lower population density.	National regulatory authorities may extend to those owners or undertakings the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the concentration or distribution point mentioned in the first subparagraph where such network elements would be economically unviable or physically impossible to replicate in areas with lower population density.
Comments:

Amendment 757 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3
National regulatory authorities shall not impose obligations in accordance with the second subparagraph where:	deleted
(a) a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and
(b) in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment.
Comments:

Amendment 758 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraph where:	When national regulatory authorities are considering the appropriateness and proportionality of imposing obligations in accordance with the second subparagraph they shall take into account in particular :
Comments:

Amendment 759 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraph where:	When national regulatory authorities are considering the appropriateness and proportionality of imposing obligations in accordance with the second subparagraph, they shall take into account in particular :
Comments:

Amendment 760 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraph where:	National regulatory authorities shall not impose obligations in accordance with the second subparagraph where, in particular, but not exclusively:
Justification: To add flexibility
Comments:

Amendment 761 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraph where:	National regulatory authorities shall not impose obligations in accordance with the second subparagraph where, in particular but not exclusively:
Comments:

Amendment 762 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraph where:	National regulatory authorities shall not impose obligations beyond the first concentration or distribution point where:
Comments:

Amendment 763 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraph where:	National regulatory authorities shall not impose obligations beyond the first concentration or distribution point where:
Comments:

Amendments 764 - 773

Amendment 764 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraph where:	National regulatory authorities shall not impose obligations beyond the first concentration or distribution point where:
Comments:

Amendment 765 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraph where:	National regulatory authorities shall not impose obligations beyond the first concentration or distribution point where:
Comments:

Amendment 766 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraph where:	National regulatory authorities shall not impose obligations beyond the first concentration or distribution point when
Comments:

Amendment 767 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point a
(a)a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and	deleted
Comments:

Amendment 768 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point a
(a)a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and	deleted
Comments:

Amendment 769 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point a
(a)a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and	deleted
Comments:

Amendment 770 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point a
(a)a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and	(a)a viable alternative means of access to end-users provided by the network operator and suitable for the provision of very high capacity networks is made available to any undertaking, provided that such access is offered under fair and reasonable terms and conditions by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 771 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point a
(a)a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and	(a)the existence of a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network; and
Comments:

Amendment 772 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point a
(a)a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and	(a)the existence of viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network
Comments:

Amendment 773 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point a
(a)a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and	(a)a viable alternative means of access to end-users is provided by the network operator and suitable for the provision of very high capacity networks, provided that such access is offered on fair and reasonable terms and conditions; or
Justification: Symmetric obligations are a relevant tool for NRAs, but should provide for reaching the objectives of the framework.
Comments:

Amendments 774 - 783

Amendment 774 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point a
(a)a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and	(a)a viable and similar alternative means of access to end-users is provided by the network operator and suitable for the provision of very high capacity networks, provided that such access is offered on fair and reasonable terms and conditions; or
Comments:

Amendment 775 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point a
(a)a viable and similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); and	(a)a viable and functionally similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); or
Comments:

Amendment 776 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point b
(b)in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment.	(b)in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment; orthese obligations may lead to strengthening the overall market position of undertakings designated as having significant market power.Obligations imposed under this paragraph are without prejudice to the ability of national regulatory authorities to impose obligations on an undertaking in accordance with Articles 66 to 72 and relax or lift obligations imposed under this paragraph on other undertakings in order to safeguard competition on a forward-looking basis.
Comments:

Amendment 777 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point b
(b)in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment.	(b)in the case of recently deployed network elements, in particular by smaller local or regional projects or undertakings, the granting of that access would compromise the economic or financial viability of their deployment.; or
Comments:

Amendment 778 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point b
(b)in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment.	(b)in the case of recently deployed network elements, the granting of that access would compromise the economic or financial viability of their deployment.
Comments:

Amendment 779 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point b
(b)in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment.	(b)the granting of that access would compromise the economic or financial viability of their deployment in the case of recently deployed network elements, in particular by smaller local projects.
Comments:

Amendment 780 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point b
(b)in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment.	(b)in the case of recently deployed network elements, in particular by smaller local projects, the impact of granting of that access on the economic or financial viability of their deployment.
Comments:

Amendment 781 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point b
(b)in the case of recently deployed network elements, in particular by smaller local projects, the granting of that access would compromise the economic or financial viability of their deployment.	(b)in the case of recently deployed network elements, in particular by smaller local projects, the impact of granting that access on the economic or financial viability of their deployment.
Comments:

Amendment 782 Proposal for a directive Article 59 – paragraph 2 – subparagraph 3 – point b a (new)
	(b a)c) these obligations may lead to strengthening the overall market position of undertakings designated as having significant market power. Obligations imposed under this paragraph are without prejudice to the ability of national regulatory authorities to impose obligations on an undertaking in accordance with Articles 66 to 72 and relax or lift obligations imposed under this paragraph on other undertakings in order to safeguard competition on a forward-looking basis.
Justification: While the obligations may be needed in several Member States, access to newly built passive infrastructure of competitors or local actors should not undermine the SMP regime. The national regulatory authority must be able to react to re-monopolisation developments. Broadband Cost Reduction Directive (2014/61/EU) provides NRAs competences for symmetrical obligations and it's evaluation in 2018 might give us an opportunity to assess its impact.
Comments:

Amendment 783 Proposal for a directive Article 59 – paragraph 2 a (new)
	2 a.Member States may ensure that national regulatory authorities may, on the grounds that the replication of infrastructure to end-users would be economically inefficient or physically impracticable, impose obligations upon reasonable request to grant access to network elements and to settle disputes concerning this access. Such access shall be subject to agreements concluded on the basis of fair and reasonable terms and conditions that allow replicability. When imposing such access the national regulatory authority shall do so proportionately, taking into account the future economic and financial viability of investments in new network elements, and solely if it is aimed at preventing or countering consumer harm and enabling maximum consumer benefits in terms of choice, price and quality on the basis of effective competition. It shall also respect the objective of promoting access to very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses.
Comments:

Amendments 784 - 795

Amendment 784 Proposal for a directive Article 59 – paragraph 3
3.Member States shall ensure that national regulatory authorities have the power to impose on undertakings providing or authorised to provide electronic communications networks obligations in relation to the sharing of passive or active infrastructure, obligations to conclude localised roaming access agreements, or the joint roll-out of infrastructures directly necessary for the local provision of services which rely on the use of spectrum, in compliance with Union law, where it is justified on the grounds that,	deleted
(a) the replication of such infrastructure would be economically inefficient or physically impracticable, and
(b) the connectivity in that area, including along its main transport paths, would be severely deficient, or the local population would be subjected to severe restrictions on choice or quality of service, or on both.
National regulatory authorities shall have regard to:
(a) the need to maximise connectivity throughout the Union and in particular territorial areas;
(b) the efficient use of radio spectrum;
(c) the technical feasibility of sharing and associated conditions;
(d) the state of infrastructure-based as well as service-based competition;
(e) the possibility to significantly increase choice and higher quality of service for end-users;
(f) technological innovation;
(g) the overriding need to support the incentive of the host to roll out the infrastructure in the first place.
Such sharing, access or coordination obligations shall be subject to agreements concluded on the basis of fair and reasonable terms and conditions. In the event of dispute resolution, national regulatory authorities may inter alia impose on the beneficiary of the sharing or access obligation, the obligation to share its spectrum with the infrastructure host in the relevant area.
Comments:

Amendment 785 Proposal for a directive Article 59 – paragraph 3
3.Member States shall ensure that national regulatory authorities have the power to impose on undertakings providing or authorised to provide electronic communications networks obligations in relation to the sharing of passive or active infrastructure, obligations to conclude localised roaming access agreements, or the joint roll-out of infrastructures directly necessary for the local provision of services which rely on the use of spectrum, in compliance with Union law, where it is justified on the grounds that,	deleted
(a) the replication of such infrastructure would be economically inefficient or physically impracticable, and
(b) the connectivity in that area, including along its main transport paths, would be severely deficient, or the local population would be subjected to severe restrictions on choice or quality of service, or on both.
National regulatory authorities shall have regard to:
(a) the need to maximise connectivity throughout the Union and in particular territorial areas;
(b) the efficient use of radio spectrum;
(c) the technical feasibility of sharing and associated conditions;
(d) the state of infrastructure-based as well as service-based competition;
(e) the possibility to significantly increase choice and higher quality of service for end-users;
(f) technological innovation;
(g) the overriding need to support the incentive of the host to roll out the infrastructure in the first place.
Such sharing, access or coordination obligations shall be subject to agreements concluded on the basis of fair and reasonable terms and conditions. In the event of dispute resolution, national regulatory authorities may inter alia impose on the beneficiary of the sharing or access obligation, the obligation to share its spectrum with the infrastructure host in the relevant area.
Comments:

Amendment 786 Proposal for a directive Article 59 – paragraph 3 – subparagraph 1 – introductory part
Member States shall ensure that national regulatory authorities have the power to impose on undertakings providing or authorised to provide electronic communications networks obligations in relation to the sharing of passive or active infrastructure, obligations to conclude localised roaming access agreements, or the joint roll-out of infrastructures directly necessary for the local provision of services which rely on the use of spectrum, in compliance with Union law, where it is justified on the grounds that,	Member States shall ensure that national regulatory authorities have the power to impose on undertakings providing or authorised to provide electronic communications networks obligations in relation to the sharing of passive infrastructure, or obligations to conclude localised roaming access agreements directly necessary for the provision of very high capacity networks which rely on the use of spectrum, in compliance with Union law, provided no viable and similar alternative means of access to end-users is made available to any undertaking, according to fair and reasonable terms and conditions. However, such access shall be justified on the grounds that,
Justification: Unlike fixed markets in many Member States, mobile markets are widely regarded as very competitive. Any additional regulation of such markets should be treated with utmost care. It is therefore suggest to limit the powers of national regulatory authorities under Article 59 paragraph 3 to cases where no viable and similar alternative means of access to end-users is made available to any undertaking, according to fair and reasonable terms and conditions.
Comments:

Amendment 787 Proposal for a directive Article 59 – paragraph 3 – subparagraph 1 – introductory part
Member States shall ensure that national regulatory authorities have the power to impose on undertakings providing or authorised to provide electronic communications networks obligations in relation to the sharing of passive or active infrastructure, obligations to conclude localised roaming access agreements, or the joint roll-out of infrastructures directly necessary for the local provision of services which rely on the use of spectrum, in compliance with Union law, where it is justified on the grounds that,	Member States shall ensure that national regulatory authorities have the power to impose on undertakings which have been granted individual rights of use for radio spectrum, obligations in relation to the sharing of passive or active infrastructure, and obligations to conclude localised roaming access agreements, or the joint roll-out of infrastructures directly necessary for the local provision of services which rely on the use of spectrum, in compliance with Union law, where it is justified on the grounds that,
Comments:

Amendment 788 Proposal for a directive Article 59 – paragraph 3 – subparagraph 3
Such sharing, access or coordination obligations shall be subject to agreements concluded on the basis of fair and reasonable terms and conditions. In the event of dispute resolution, national regulatory authorities may inter alia impose on the beneficiary of the sharing or access obligation, the obligation to share its spectrum with the infrastructure host in the relevant area.	Such sharing access obligations shall be subject to agreements concluded on the basis of fair and reasonable terms and conditions. In the event of dispute resolution, national regulatory authorities may inter alia impose on the beneficiary of the sharing or access obligation, the obligation to share its spectrum with the infrastructure host in the relevant area.
Comments:

Amendment 789 Proposal for a directive Article 59 – paragraph 4
4.Obligations and conditions imposed in accordance with paragraph 1,2 and 3 shall be objective, transparent, proportionate and non-discriminatory, they shall be implemented in accordance with the procedures referred to in Articles 23, 32 and 33. National regulatory authorities shall assess the results of such obligations and conditions within five years from the adoption of the previous measure adopted in relation to the same operators and whether it would be appropriate to withdraw or amend them in the light of evolving conditions. National regulatory authorities shall notify the outcome of their assessment in accordance with the same procedures.	4.Obligations and conditions imposed in accordance with paragraph 1 and 2 shall be objective, transparent, proportionate and non-discriminatory, they shall be implemented in accordance with the procedures referred to in Articles 236, 732 and 7a33of Directive 2002/21/EC (Framework Directive)
Comments:

Amendment 790 Proposal for a directive Article 59 – paragraph 6
6.By [entry into force plus 18 months in order to contribute to a consistent definition of the location of network termination points by national regulatory authorities, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, adopt guidelines on common approaches to the identification of the network termination point in different network topologies. National regulatory authorities shall take utmost account of those guidelines when defining the location of network termination points.	deleted
Justification: Co-investment in a certain area must be considered an oligopoly of a few powerful actors (on the local level), as the FDN Federation showed in their analysis of the fixed-line market (www.ffdn.org/en/node/129 ) written for a consultation of the ARCEP in 2016. These oligopolies work as a cartel. The co-investors, in a given area, should be regarded as having the position of the incumbent in that area. Such symmetric regulation would allow welcoming all actors into the market.
Comments:

Amendment 793 Proposal for a directive Article 61 – paragraph 2 – subparagraph 1
An undertaking shall be deemed to have significant market power if, either individually or jointly with others, it enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers.	An undertaking shall be deemed to have significant market power if, either individually or jointly with others, it enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers or when it is able to disrupt effective competition.
Comments:

Amendment 794 Proposal for a directive Article 61 – paragraph 2 – subparagraph 1 a (new)
	Two or more undertakings may each be deemed to enjoy a position equivalent to having significant market power when they have the possibility to significantly impede effective competition, taking into account the relevant markets including but not limited to the market shares of other market participants, the market power of an undertaking on closely related markets, barriers to entry, market concentration, product differentiation, capacity constraints and switching costs.
Justification: In light of the increasing trend of convergence between markets, and development of oligopolies in Europe, there is a need to include situations where two or more undertakings can foreclose the markets even without tacit collusion.
Comments:

Amendment 795 Proposal for a directive Article 61 – paragraph 2 – subparagraph 2 a (new)
	3. Where an undertaking has significant market power on a specific market (the first market), it may also be designated as having significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the second market pursuant to this Directive.
Justification: The Commission’s proposal weakens the SMP regime. The deleted provision aims at preventing SMP operators from leveraging their market power from one market to a closely related market. The SMP regime has been instrumental in promoting the objectives of the framework and should therefore remain at its centre. The reinstated provision supports a strong regulatory ‘safety net’ that provides clarity, predictability, and hence investor certainty. Reinstating the provision also closes an inconsistency in the Commission’s proposal, given that the Commission proposes in Article 65 (2)(d) that “regulation imposed on other relevant markets” shall be taken into account during the market analysis. If regulation on relevant markets is taken into account when analysing if a market should be subject to ex ante regulation, then SMP in relevant markets also needs to be taken into account when defining an SMP-operator in the first place.
Comments:

Amendments 796 - 907

Amendment 796 Proposal for a directive Article 61 – paragraph 2 – subparagraph 2 a (new)
	3. Where an undertaking has significant market power on a specific market (the first market), it may also be designated as having significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the second market pursuant to this Directive.
Justification: The SMP regime has been instrumental in promoting the objectives of the framework and should therefore remain at its centre. The reinstated provision supports a strong regulatory ‘safety net’ that provides clarity, predictability, and hence investor certainty.
Comments:

Amendment 797 Proposal for a directive Article 61 – paragraph 2 – subparagraph 2 a (new)
	3. Where an undertaking has significant market power on a specific market (the first market), it may also be designated as having significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the second market pursuant to this Directive.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary because it is inextricably linked to other admissible amendments . This reinstates the deleted provision art 1.16 2009/140/EC In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 798 Proposal for a directive Article 61 – paragraph 2 – subparagraph 2 a (new)
	3. Where an undertaking has significant market power on a specific market (the first market), it may also be designated as having significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the second market pursuant to this directive.
Comments:

Amendment 799 Proposal for a directive Article 61 – paragraph 2 – subparagraph 2 a (new)
	Two or more undertakings are each deemed to enjoy a position equivalent to having significant market power when they might significantly impede effective competition.
Comments:

Amendment 800 Proposal for a directive Article 61 – paragraph 2 – subparagraph 2 b (new)
	An undertaking shall be deemed to have unilateral market power where, in the absence of significant market power, it enjoys a position of economic strength by virtue of the weakness of competitive constraints in an oligopolistic market, enabling it to act in a manner which is detrimental to consumer welfare.
Justification: In line with other AMs.Amendment <NumAm>902</NumAm>
Comments:

Amendment 903 Proposal for a directive Article 71 – paragraph 1 – subparagraph 1
Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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, and would not be in the end-user's interest.	Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators:
Comments:

Amendment 904 Proposal for a directive Article 71 – paragraph 1 – subparagraph 1
Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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, and would not be in the end-user's interest.	Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators:
Comments:

Amendment 905 Proposal for a directive Article 71 – paragraph 1 – subparagraph 1
Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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, and would not be in the end-user's interest.	A national regulatory authority may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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, or would not be in the end-user's interest.
Justification: We need to ensure effective access to ducts and poles of SMP operators to ensure competition persists in the European markets.
Comments:

Amendment 906 Proposal for a directive Article 71 – paragraph 1 – subparagraph 1
Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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, and would not be in the end-user's interest.	Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 3 of Directive 2014/61/EU would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where this is not to the detriment of innovative developments such as very high capacity networks and software emulated networks, and 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, and would not be in the end-user's interest.
Comments:

Amendment 907 Proposal for a directive Article 71 – paragraph 1 – subparagraph 1
Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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, and would not be in the end-user's interest.	A national regulatory authority may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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, and would not be in the end-user's interest.
Comments:

Amendments 908 - 917

Amendment 908 Proposal for a directive Article 71 – paragraph 1 – subparagraph 1
Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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, and would not be in the end-user's interest.	A national regulatory authority may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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, and would not be in the end-user's interest.
Comments:

Amendment 909 Proposal for a directive Article 71 – paragraph 1 – subparagraph 1
Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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, and would not be in the end-user's interest.	A national regulatory authority may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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 long-term sustainable competition in the relevant markets, and would not be in the end-user's interest.
Justification: Access to civil engineering is important to contribute to sustainable competition, however it should take into account the limited availability or physical constraints of granting such access, therefore the national regulatory authority shall look at the most efficient remedies and not necessarily prioritise one over the other.
Comments:

Amendment 910 Proposal for a directive Article 71 – paragraph 1 – subparagraph 1
Nur wenn die nationalen Regulierungsbehörden zu dem Schluss gelangen, dass die nach Artikel 70 auferlegten Verpflichtungen allein nicht ausreichen würden, die in Artikel 3 genannten Ziele zu erreichen, können sie gemäß Artikel 66 Betreiber dazu verpflichten, berechtigten Anträgen auf Zugang zu bestimmten Netzkomponenten und zugehörigen Einrichtungen und auf deren Nutzung stattzugeben, wenn die nationale Regulierungsbehörde der Auffassung ist, dass die Verweigerung des Zugangs oder unangemessene Bedingungen mit ähnlicher Wirkung die Entwicklung eines nachhaltig wettbewerbsorientierten Marktes auf Endkundenebene behindern und den Interessen der Endnutzer zuwiderlaufen würden.	Nur wenn die nationalen Regulierungsbehörden zu dem Schluss gelangen, dass die nach Artikel 70 auferlegten Verpflichtungen allein nicht ausreichen würden, die in Artikel 3 genannten Ziele zu erreichen, können sie gemäß Artikel 66 Betreiber dazu verpflichten, berechtigten Anträgen auf Zugang zu bestimmten Netzkomponenten und zugehörigen Einrichtungen und auf deren Nutzung stattzugeben, wenn die nationale Regulierungsbehörde der Auffassung ist, dass die Verweigerung des Zugangs oder unangemessene Bedingungen mit ähnlicher Wirkung die Entwicklung eines nachhaltig wettbewerbsorientierten Marktes auf Endkunden- und Vorleistungsebene behindern und den Interessen der Endnutzer zuwiderlaufen würden.
Justification: Es muss sichergestellt werden, dass sich auf allen Ebenen, also auch auf dem Vorleistungsmarkt, ein nachhaltiger Wettbewerb entwickelt.
Comments:

Amendment 911 Proposal for a directive Article 71 – paragraph 1 – subparagraph 1
Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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, and would not be in the end-user's interest.	Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not address the competition problems identified in the relevant market, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, 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, and would not be in the end-user's interest.
Comments:

Amendment 912 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – introductory part
Operators may be required inter alia:	National regulatory authorities may impose inter alia:
Comments:

Amendment 913 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – introductory part
Operators may be required inter alia:	Operators may be required:
Comments:

Amendment 914 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a
(a)to give third parties access to specified network elements and/or facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;	(a)to give third parties access to specified non-physical network elements including active services;
Comments:

Amendment 915 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a
(a)to give third parties access to specified network elements and/or facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;	(a)to give third parties access to specified non-physical network elements including active services;
Comments:

Amendment 916 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a
(a)to give third parties access to specified network elements and/or facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;	(a)to give third parties access to specified non-physical network elements including active services;
Justification: This amendment aims at ensuring the priority of passive access over active access remedies.
Comments:

Amendment 917 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a
(a)to give third parties access to specified network elements and/or facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;	(a)to give third parties access to specified non-physical network elements and/or facilities, as appropriate including active services under transparent and regulated tariff conditions, which at least make it possible to reproduce the tariffs of the retail offers of the regulated operator;
Comments:

Amendments 918 - 927

Amendment 918 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a
(a)to give third parties access to specified network elements and/or facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;	(a)to give third parties access at a single network layer that best addresses the problem identified at retail level as appropriate including access to network elements which are either not active (or physical) or active (or virtual) access to the local loop;
Comments:

Amendment 919 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a
(a)to give third parties access to specified network elements and/or facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;	(a)obligations of access to, and use of, specific entire physical network elements and associated facilities, including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fibre terminating segments
Comments:

Amendment 920 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a
(a)to give third parties access to specified network elements and/or facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;	(a)to give third parties access to specified network elements and/or facilities, as appropriate including access to any active network elements and/or virtual unbundled access to the local loop;
Justification: It is suggested to clarify that Article 71 applies to active network elements only, while Article 70 addresses the regulation of passive infrastructure.
Comments:

Amendment 921 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a
a)die Verpflichtung, Dritten Zugang zu bestimmten Netzkomponenten und/oder -einrichtungen, einschließlich des Zugangs zu nicht aktiven oder physischen Netzkomponenten und/oder des aktiv oder virtuell entbündelten Zugangs zum Teilnehmeranschluss, zu gewähren;	a)die Verpflichtung, Dritten Zugang zu bestimmten Netzkomponenten und/oder -einrichtungen, einschließlich des Zugangs zu jeglichen aktiven Netzkomponenten und/oder virtuell entbündelten Zugangs zum Teilnehmeranschluss, zu gewähren;
Comments:

Amendment 922 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a
a)die Verpflichtung, Dritten Zugang zu bestimmten Netzkomponenten und/oder -einrichtungen, einschließlich des Zugangs zu nicht aktiven oder physischen Netzkomponenten und/oder des aktiv oder virtuell entbündelten Zugangs zum Teilnehmeranschluss, zu gewähren;	a)die Verpflichtung, Dritten Zugang zu bestimmten Netzkomponenten und/oder -einrichtungen, einschließlich des Zugangs zu aktiven Netzkomponenten und/oder des aktiv oder virtuell entbündelten Zugangs zum Teilnehmeranschluss, zu gewähren;
Justification: Zur Förderung des Netzausbaus ist bei der Auferlegung von Zugangsverpflichtungen der Zugang zu passiver Infrastruktur oder baulichen Anlagen zu priorisieren. Nur wenn dies nicht ausreicht, um einen nachhaltigen Wettbewerb auf Endkunden- und Vorleistungsebene im Sinne der Endnutzer zu fördern, sollte die aktive Mitbenutzung von Netzkomponenten ermöglicht warden.
Comments:

Amendment 923 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a a (new)
	(a a)obligations to share with third parties specified network elements, including shared access to the metallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments, including wavelength division multiplexing and similar sharing solutions;
Comments:

Amendment 924 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point b
(b)to negotiate in good faith with undertakings requesting access;	deleted
Comments:

Amendment 925 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point c
(c)not to withdraw access to facilities already granted;	deleted
Comments:

Amendment 926 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point c a (new)
	(c a)to provide specified services on a wholesale basis for resale by third parties;
Comments:

Amendment 927 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point c a (new)
	(c a)to provide specified services on a wholesale basis for resale by third parties;
Justification: This is a new point b. This amendment aims at ensuring the priority of passive access over active access remedies.
Comments:

Amendments 928 - 937

Amendment 928 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point c a (new)
	(c a)to provide specified services on a wholesale basis for resale by third parties;
Justification: This amendments are aimed at ensuring the priority of passive access over active access remedies. The main reason is that active products, although important for operators in order to climb the ladder of investment, are not a valid substitute to passive wholesale access both in copper and fibre networks.
Comments:

Amendment 929 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point c a (new)
	(c a)to provide specified services on a wholesale basis for resale by third parties
Comments:

Amendment 930 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point d
(d)to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;	deleted
Comments:

Amendment 931 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point d
(d)to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;	(d)to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services;
Comments:

Amendment 932 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point e
(e)to provide co-location or other forms of associated facilities sharing;	deleted
Comments:

Amendment 933 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point f
(f)to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for software emulated networks or roaming on mobile networks;	deleted
Comments:

Amendment 934 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point f
(f)to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for software emulated networks or roaming on mobile networks;	(f)to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for roaming on mobile networks;
Comments:

Amendment 935 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point g
(g)to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services;	deleted
Comments:

Amendment 936 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point h
(h)to interconnect networks or network facilities;	deleted
Comments:

Amendment 937 Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point i
(i)to provide access to associated services such as identity, location and presence service.	deleted
Comments:

Amendments 938 - 947

Amendment 938 Proposal for a directive Article 71 – paragraph 1 – subparagraph 3
National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness.	deleted
Comments:

Amendment 939 Proposal for a directive Article 71 – paragraph 2 – introductory part
2.When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:	2.They shall take account in particular of the following factors:
Justification: Before intervening in wholesale markets, NRAs would have to demonstrate that their intervention corresponds to a retail problem. The focus on retail markets would lead to the automatic de-regulation of wholesale markets in many cases, and would ultimately lead to the monopolisation or ‘duopolisation’. In addition, retail competition of the kind where all retail providers are dependent on one wholesale provider is not sustainable in the long run and only amounts to ‘fake-competition’ and could lead to higher prices and less innovation and choice for end-users.
Comments:

Amendment 940 Proposal for a directive Article 71 – paragraph 2 – introductory part
2.When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:	2.National regulatory authorities shall take account in particular of the following factors:
Justification: The focus on retail markets would lead to the automatic de-regulation of wholesale markets in many cases. Furthermore, The mere existence of a “prospective commercial access offer” should not be a sufficient basis upon which to require regulatory forbearance.
Comments:

Amendment 941 Proposal for a directive Article 71 – paragraph 2 – introductory part
2.When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:	2.National regulatory authorities shall take account in particular of the following factors:
Comments:

Amendment 942 Proposal for a directive Article 71 – paragraph 2 – introductory part
2.When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:	2.When national regulatory authorities shall take account in particular of the following factors:
Comments:

Amendment 943 Proposal for a directive Article 71 – paragraph 2 – introductory part
2.When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:	2.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/or access involved, including the viability of other upstream access products such as access to ducts;(b) the technological evolution affecting network design and management(cb) the feasibility of providing the access proposed, in relation to the capacity available;(dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment ;(ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition;(fe) where appropriate, any relevant intellectual property rights;(g) the provision of pan-European services.
Comments:

Amendment 944 Proposal for a directive Article 71 – paragraph 2 – introductory part
2.When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:	2.When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article, but shall when needed be adapted so as to reflect significant market changes. They shall take account in particular of the following factors:
Justification: This provision aims at ensuring that the assessment should reflect significant market changes
Comments:

Amendment 945 Proposal for a directive Article 71 – paragraph 2 – introductory part
(2)Wenn die nationalen Regulierungsbehörden prüfen, ob die Auferlegung der nach Absatz 1 in Frage kommenden besonderen Verpflichtungen angemessen ist, insbesondere wenn sie nach dem Grundsatz der Verhältnismäßigkeit die Frage prüfen, ob und wie derartige Verpflichtungen aufzuerlegen sind, untersuchen sie, ob andere Formen des Zugangs zu bestimmten Vorleistungen entweder auf demselben oder einem damit verbundenen Vorleistungsmarkt bereits ausreichen würden, um das auf der Endkundenebene festgestellte Problem zu beheben. In die Untersuchung werden auch vorhandene oder mögliche künftige gewerbliche Zugangsangebote, ein regulierter Zugang gemäß Artikel 59 oder ein bestehender oder geplanter regulierter Zugang zu anderen Vorleistungen gemäß diesem Artikel einbezogen. Sie tragen insbesondere den folgenden Faktoren Rechnung:	(2)Wenn die nationalen Regulierungsbehörden prüfen, ob die Auferlegung der nach Absatz 1 in Frage kommenden besonderen Verpflichtungen angemessen ist, insbesondere wenn sie nach dem Grundsatz der Verhältnismäßigkeit die Frage prüfen, ob und wie derartige Verpflichtungen aufzuerlegen sind, untersuchen sie, ob andere Formen des Zugangs zu bestimmten Vorleistungen entweder auf demselben oder einem damit verbundenen Vorleistungsmarkt bereits ausreichen würden, um das auf der Endkundenebene festgestellte Problem zu beheben. In die Untersuchung werden auch vorhandene gewerbliche Zugangsangebote, ein regulierter Zugang gemäß Artikel 59 oder ein bestehender regulierter Zugang zu anderen Vorleistungen gemäß diesem Artikel einbezogen. Um beträchtlichen Marktveränderungen Rechnung zu tragen, soll die Untersuchung jederzeit angepasst werden können. Sie tragen insbesondere den folgenden Faktoren Rechnung:
Comments:

Amendment 946 Proposal for a directive Article 71 – paragraph 2 – introductory part
2.When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:	2.When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing commercial access offers, regulated access pursuant to Article 59, or existing regulated access to other wholesale inputs pursuant to this Article but shall at all time be adapted so as to reflect significant market changes. They shall take account in particular of the following factors:
Justification: Article 71 provides that, in their assessment, NRAs should include existing or prospective commercial access offers and existing or contemplated regulated access. Including prospective offers and contemplated access however reduces predictability and legal certainty for providers of electronic communications services and networks. Consequently, only existing commercial access offers or regulated access should be taken into account. In addition, this provision should expressly provide that such assessment should at all times reflect significant market changes so as to avoid the situation that obligations that are no longer justified are maintained.
Comments:

Amendment 947 Proposal for a directive Article 71 – paragraph 2 – introductory part
2.When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:	2.When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem in the relevant markets. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:
Justification: There are often several retail markets linked to one larger wholesale market, that might evolve more rapidly in different manners while barriers to entry remain in the relevant wholesale market, therefore the sole focus on retail market is not appropriate and should be replaced by long term sustainable competition in the relevant markets. In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendments 948 - 957

Amendment 948 Proposal for a directive Article 71 – paragraph 2 – point a
(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;	deleted
Comments:

Amendment 949 Proposal for a directive Article 71 – paragraph 2 – point b
(b)the expected technological evolution affecting network design and management	deleted
Comments:

Amendment 950 Proposal for a directive Article 71 – paragraph 2 – point b
(b)the expected technological evolution affecting network design and management	(b)the technological evolution affecting network design and management
Comments:

Amendment 951 Proposal for a directive Article 71 – paragraph 2 – point b
(b)the expected technological evolution affecting network design and management	(b)the technological evolution affecting network design and management
Comments:

Amendment 952 Proposal for a directive Article 71 – paragraph 2 – point b a (new)
	(b a)the need to ensure technology neutrality enabling access seekers to design and manage their own network
Justification: Without prejudice to SMP operators freedom to develop their own network architecture, regulators should ensure that the remedies adopted are forward looking by providing incentives for the development of open and flexible network architecture, that would enable the adoption of less burdensome and complex remedies.
Comments:

Amendment 953 Proposal for a directive Article 71 – paragraph 2 – point c
(c)the feasibility of providing the access proposed, in relation to the capacity available;	deleted
Comments:

Amendment 954 Proposal for a directive Article 71 – paragraph 2 – point d
(d)the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networks;	deleted
Comments:

Amendment 955 Proposal for a directive Article 71 – paragraph 2 – point d
(d)the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networks;	(d)the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment;
Comments:

Amendment 956 Proposal for a directive Article 71 – paragraph 2 – point d
(d)the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networks;	(d)the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment;
Comments:

Amendment 957 Proposal for a directive Article 71 – paragraph 2 – point d
(d)the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networks;	(d)the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment;
Justification: Necessary in order to avoid that virtual products would be considered as a substitute (instead of a complement) to passive access products.
Comments:

Amendments 958 - 967

Amendment 958 Proposal for a directive Article 71 – paragraph 2 – point d
(d)the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networks;	(d)the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments;
Comments:

Amendment 959 Proposal for a directive Article 71 – paragraph 2 – point e
(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition and to sustainable competition based on co-investment in networks;	deleted
Comments:

Amendment 960 Proposal for a directive Article 71 – paragraph 2 – point e
(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition and to sustainable competition based on co-investment in networks;	(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition and to sustainable competition such as those based on co-investment in networks and other innovative commercial business models;
Comments:

Amendment 961 Proposal for a directive Article 71 – paragraph 2 – point e
(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition and to sustainable competition based on co-investment in networks;	(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition and to sustainable competition based on innovative commercial business models such as, but not only, co-investment in networks;
Justification: Recital 166 introduces the need to take into account newly concluded voluntary agreements between operators in order to provide regulatory flexibility. Co-investment is a particular case, but not the only one
Comments:

Amendment 962 Proposal for a directive Article 71 – paragraph 2 – point e
(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition and to sustainable competition based on co-investment in networks;	(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition;
Justification: Necessary because some of the co-investment schemes have the potential to create ineffectively competitive market outcomes.
Comments:

Amendment 963 Proposal for a directive Article 71 – paragraph 2 – point e
(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition and to sustainable competition based on co-investment in networks;	(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition;
Comments:

Amendment 964 Proposal for a directive Article 71 – paragraph 2 – point e
(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition and to sustainable competition based on co-investment in networks;	(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition;
Comments:

Amendment 965 Proposal for a directive Article 71 – paragraph 2 – point e
(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition and to sustainable competition based on co-investment in networks;	(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition;
Justification: Concerning, co-investment schemes: some of them have the potential to create ineffectively competitive market outcomes. The Commission’s proposal includes criteria in Annex IV as well as conditions against which co-investment offers should be judged (compliance with which would entitle the co-investment to effectively benefit from a regulatory holiday). However, these do not provide sufficient competition protections to warrant a relaxation of SMP regulation. It is also worth bearing in mind that co-investments by their nature can lead to coordinated behaviour, which in turn could produce uncompetitive outcomes. Ultimately, the resulting reduction in competition could lead to higher prices and less innovation and choice for end-users. In its opinion BoR (16) 213 (p. 7), BEREC recognises “[T]he risk is that in seeking to incentivise investment through regulatory forbearance, the Commission’s proposals could undermine competition, which in turn would impact on the virtuous cycle of competition- and demand driven investment. The Commission’s proposals would therefore undermine their own ultimate goal of increasing high-speed connectivity.”
Comments:

Amendment 966 Proposal for a directive Article 71 – paragraph 2 – point e
(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition and to sustainable competition based on co-investment in networks;	(e)the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition ;
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 967 Proposal for a directive Article 71 – paragraph 2 – point f
(f)where appropriate, any relevant intellectual property rights;	deleted
Comments:

Amendments 968 - 979

Amendment 968 Proposal for a directive Article 71 – paragraph 2 – point g
(g)the provision of pan-European services.	deleted
Comments:

Amendment 969 // le même que nous mais mis ailleurs (plutôt que de remplacer le b)) Proposal for a directive Article 71 – paragraph 2 – point g a (new)
	(g a)the existence of a broad choice of offers and providers for fixed and mobile access, for each consumer in Europe irrespective of their place of residence;
Comments:

Amendment 970 (id mais a)) Proposal for a directive Article 71 – paragraph 2 – point g b (new)
	(g b)the development of a democratic society in the digital era allowing free access to information and expression for all citizens of Europe;
Comments:

Amendment 971 Proposal for a directive Article 71 – paragraph 2 a (new)
	2 a.In order to account for the long-term interest of end-users, national regulatory authorities should focus more on facilitating network investments by all operators. Regulation should not be to the detriment of innovative developments, in particular very high capacity networks, software defined networks and network function virtualisation. Only where strictly necessary to safeguard competition and where no alternative access possibilities, including access based on commercial agreements, exist, regulated access should be maintained in an appropriate and balanced manner, i.e. at a single network layer. Regulated access at multiple network layers has led to unnecessarily high complexity with regard to the consistency of regulated wholesale products at different network layers and unduly restricts flexibility and commercial freedom in the dynamic telecoms market environment. Limiting access to a single network layer that best addresses the problem identified at the retail level will significantly reduce regulatory costs and the potential for regulatory gaming by market players, leading to more efficient and appropriate outcomes. In this regard, national regulatory authorities should assess whether active or passive access is more appropriate in consideration of national or local circumstances. As unbundling is detrimental to network investments by allowing 'cream-skimming' of the most profitable customers at average cost, there should no longer be an obligation to provide unbundled access, which undermines investment models based on product and price differentiation.
Comments:

Amendment 972 Proposal for a directive Article 71 – paragraph 3
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 39.	3.This is without prejudice to national regulatory authorities giving consideration in addition to imposing each of the obligations on an operator in accordance with Article 72.
Justification: Principles of cost orientation and economic replicability should allow NRA to guarantee low prices for consumers
Comments:

Amendment 975 Proposal for a directive Article 72 – paragraph 1 – subparagraph 2
In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to the deployment and take-up of next-generation networks, and in particular of very high capacity networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.	To encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.
Justification: This amendment aims at avoiding the removal and replacement of cost orientation with economic replicability tests, because these tests are not substitute of price control.
Comments:

Amendment 976 Proposal for a directive Article 72 – paragraph 1 – subparagraph 2
In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to the deployment and take-up of next-generation networks, and in particular of very high capacity networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.	To encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.
Justification: Price control is an essential element of access regulation and should not be conditioned to any other criteria.
Comments:

Amendment 977 Proposal for a directive Article 72 – paragraph 1 – subparagraph 2
In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to the deployment and take-up of next-generation networks, and in particular of very high capacity networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.	In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to the deployment and take-up of next-generation networks, and in particular of very high capacity networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 978 Proposal for a directive Article 72 – paragraph 1 – subparagraph 2
In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to the deployment and take-up of next-generation networks, and in particular of very high capacity networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.	In determining whether or not price control obligations would be appropriate, national regulatory authorities shall take into account long-term end-user interests related to investment in, the deployment of and take-up of next-generation networks. In particular, to encourage investments by the operator, including in next-generation networks, national regulatory authorities shall take into account the investment made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.
Comments:

Amendment 979 Proposal for a directive Article 72 – paragraph 1 – subparagraph 3
National regulatory authorities shall not impose or maintain obligations pursuant to this Article, where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective and non discriminatory access.	deleted
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendments 980 - 1005

Amendment 980 Proposal for a directive Article 72 – paragraph 1 – subparagraph 3
National regulatory authorities shall not impose or maintain obligations pursuant to this Article, where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective and non discriminatory access.	deleted
Justification: Current provisions for co-investment practices do not allow non-profit or local ISPs to participate in the investments, restricting this opportunity only to larger and incumbent actors. Although Community Networks (CN) and local actors have proven succesful in connecting underprivileged communities both in urban and rural areas, it would be only normal to considered them equal members of the telecoms ecosystem, thus giving them fair and equal access to co-investment opportunities.
Comments:

Amendment 981 Proposal for a directive Article 72 – paragraph 1 – subparagraph 3
National regulatory authorities shall not impose or maintain obligations pursuant to this Article, where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective and non discriminatory access.	deleted
Justification: This amendment aims at avoiding the removal and replacement of cost orientation with economic replicability tests, because these tests are not substitute of price control.
Comments:

Amendment 982 Proposal for a directive Article 72 – paragraph 1 – subparagraph 3
National regulatory authorities shall not impose or maintain obligations pursuant to this Article, where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective and non discriminatory access.	National regulatory authorities shall not impose or maintain obligations pursuant to this Article, either for new network elements in case a network roll-out contributes to the availability of very-high capacity networks or where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective non discrimination of access.
Comments:

Amendment 983 Proposal for a directive Article 72 – paragraph 3
3.Where an operator has an obligation regarding the cost orientation of its prices, the burden of proof that charges are derived from costs including a reasonable rate of return on investment shall lie with the operator concerned. For the purpose of calculating the cost of efficient provision of services, national regulatory authorities may use cost accounting methods independent of those used by the undertaking. National regulatory authorities may require an operator to provide full justification for its prices, and may, where appropriate, require prices to be adjusted.	deleted
Comments:

Amendment 984 Proposal for a directive Article 72 a (new)
	Article 72 a
	Other access-related obligations
	1. A national regulatory authority
	may, in accordance with the provisions of Article 66, impose:
	(a) to give third parties access to specified active network elements and services;
	(b) to provide specified services on a wholesale basis for resale by third parties;
	(c) to negotiate in good faith with undertakings requesting access;
	(d) not to withdraw access to facilities already granted;
	(ee) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;
	(ff) to provide co-location or other forms of associated facilities sharing;
	(gg) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for software emulated networks or roaming on mobile networks;
	(hh) 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;
	(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.
	2. 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/or access involved, including the viability of other upstream access products such as access to ducts;
	(b) the technological evolution affecting network design and management
	(cb) the feasibility of providing the access proposed, in relation to the capacity available;
	(dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment ;
	(ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition;
	(fe) where appropriate, any relevant intellectual property rights;
	(g) the provision of pan-European services.
Justification: Necessary because this article could pave the way for the existence of new fiber networks without allowing NRAs to intervene efficiently where it becomes necessary.
Comments:

Amendment 1001 Proposal for a directive Article 74
Article 74	deleted
Regulatory treatment of new network elements
1.
A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:
(a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;
(b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks;
(c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;
When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.
Justification: Current framework does not prevent co-investment. While the article may help to facilitate new fiber networks, it will not allow NRAs to intervene efficiently where it becomes necessary. It is problematic that the reference made in Art 74 (b) to the “deployment of very high capacity networks” establishes a hierarchy between the regulatory objectives set out in Article 3. Also, co-investments by their nature can lead to coordinated behaviour, which in turn yield uncompetitive outcomes.
Comments:

Amendment 1002 Proposal for a directive Article 74 – title
Regulatory treatment of new network elements	Regulatory treatment of new network elements of very high capacity networks
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 1003 Proposal for a directive Article 74 – paragraph 1
1.A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:	deleted
(a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;
(b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks;
(c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;
When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.
Justification: The proposed provisions on “new network elements” in Article 74 are problematic firstly because the concept remains undefined. Secondly, Article 74 impedes NRAs from intervening on “new network elements” if there are co-investment offers. This could be problematic because SMP operators can use their market position to the detriment of smaller companies. Operators investing in VHC networks should not profit from regulatory holidays. The successful ex-ante regulatory regime should apply as much to VHC networks as to Next Generation Networks and legacy networks (e.g. copper).
Comments:

Amendment 1004 Proposal for a directive Article 74 – paragraph 1
1.A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:	deleted
(a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;
(b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks;
(c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;
When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.
Comments:

Amendment 1005 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part
A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:	A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the national regulatory authority concludes that the following cumulative conditions are met:
Comments:

Amendments 1006 - 1015

Amendment 1006 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part
A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:	Irrespective of its ex-post monitoring powers, a national regulatory authority may not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:
Comments:

Amendment 1007 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part
A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:	A national regulatory authority which intends to impose or maintain obligations as regards new network elements of very high capacity networks in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, shall take into account the following cumulative conditions to ensure such obligations are proportionate and justified :
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 1008 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part
A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:	A national regulatory authority may determine not to impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:
Comments:

Amendment 1009 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part
A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:	A national regulatory authority may determine not to impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met:
Comments:

Amendment 1010 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a
(a)the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;	(a)the deployment of the new network elements(i) is conducted by a joint venture established by two or more undertakings with shared ownership, and one or more undertaking participating in the joint venture provides wholesale access or competes on retail level; or(ii) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure; or(iii) is conducted by a single undertaking that provides a wholesale offer on terms which, similar to conditions for co-investment in subparagraph ii), favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;
Comments:

Amendment 1011 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a
(a)the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;	(a)the deployment of the new network elements is either:i) open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure; compliance with the criteria set out in Annex IV; orii) is conducted by a single undertaking that provides a wholesale offer on terms which favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; mechanisms for risk-sharing; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;
Justification: As indicated in the amendment to Article 71 2 e, recital 166 states the need to take into account newly concluded voluntary agreements between operators in order to provide regulatory flexibility. Co-investment is a particular case of a commercial agreement, but not the only one
Comments:

Amendment 1012 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a
(a)the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;	(a)the deployment of the new network elements
Comments:

Amendment 1013 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a
a)der Aufbau der neuen Netzbestandteile steht Angeboten für Ko-Investitionen nach einem transparenten Verfahren und zu Bedingungen offen, die langfristig einen nachhaltigen Wettbewerb fördern, wozu auch gerechte, angemessene und nichtdiskriminierende Bedingungen für potenzielle Ko-Investoren gehören, Flexibilität hinsichtlich Wert und Zeitpunkt der von den einzelnen Ko-Investoren zugesagten Mittel, die Möglichkeit einer künftigen Aufstockung der Mittel, gegenseitige Rechte, die sich die Ko-Investoren nach Errichtung der gemeinsam finanzierten Infrastruktur gewähren;	a)der Aufbau der neuen Netzbestandteile steht Angeboten für Ko-Investitionen nach einem transparenten Verfahren und zu Bedingungen offen, die langfristig einen nachhaltigen Wettbewerb fördern, wozu auch gerechte, angemessene und nichtdiskriminierende Bedingungen für potenzielle Ko-Investoren gehören, Flexibilität hinsichtlich Wert und Zeitpunkt der von den einzelnen Ko-Investoren zugesagten Mittel, die Möglichkeit einer künftigen Aufstockung der Mittel, gegenseitige Rechte, die sich die Ko-Investoren nach Errichtung der gemeinsam finanzierten Infrastruktur gewähren. Die nationalen Regulierungsbehörden legen in den jeweiligen Mitgliedstaaten klare Bedingungen für die Ko-Investitionen fest. Ko-Investitionen müssen verhindern, dass Ko-Investoren oder andere Unternehmen auf dem Markt wettbewerbliche Nachteile erleiden. Ko-Investitionen stellen einen offenen Zugang für alle Unternehmen, die sich daran beteiligen wollen, sicher.
Justification: Die Regulierungsbehörden müssen klare Bedingungen für die Ko-Investitionsmodelle festlegen.
Comments:

Amendment 1014 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a
a)der Aufbau der neuen Netzbestandteile steht Angeboten für Ko-Investitionen nach einem transparenten Verfahren und zu Bedingungen offen, die langfristig einen nachhaltigen Wettbewerb fördern, wozu auch gerechte, angemessene und nichtdiskriminierende Bedingungen für potenzielle Ko-Investoren gehören, Flexibilität hinsichtlich Wert und Zeitpunkt der von den einzelnen Ko-Investoren zugesagten Mittel, die Möglichkeit einer künftigen Aufstockung der Mittel, gegenseitige Rechte, die sich die Ko-Investoren nach Errichtung der gemeinsam finanzierten Infrastruktur gewähren;	a)der Aufbau der neuen Netzbestandteile erfolgt durch Ko-Investitionen, die wirksamen und nachhaltigen Wettbewerb auf dem sachlich relevanten Markt schaffen, oder für welchen eine entsprechende Erwartung in dieser Hinsicht besteht. Dies ist der Fall bei Erfüllung der in Anhang IV niedergelegten Kriterien;
Comments:

Amendment 1015 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a
(a)the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;	(a)the deployment of the new network elements is subject to a co-investment agreement where co-investment terms are open to any potential co-investors and are agreed between undertakings on the basis of fair, reasonable, non-discriminatory terms, including technical and financial terms ; favour sustainable competition in the long term, flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendments 1016 - 1025

Amendment 1016 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a
a)der Aufbau der neuen Netzbestandteile steht Angeboten für Ko-Investitionen nach einem transparenten Verfahren und zu Bedingungen offen, die langfristig einen nachhaltigen Wettbewerb fördern, wozu auch gerechte, angemessene und nichtdiskriminierende Bedingungen für potenzielle Ko-Investoren gehören, Flexibilität hinsichtlich Wert und Zeitpunkt der von den einzelnen Ko-Investoren zugesagten Mittel, die Möglichkeit einer künftigen Aufstockung der Mittel, gegenseitige Rechte, die sich die Ko-Investoren nach Errichtung der gemeinsam finanzierten Infrastruktur gewähren;	a)beim Aufbau der neuen Netzbestandteile werden nach einem transparenten Verfahren Investitionsmodelle genutzt, die langfristig einen nachhaltigen Wettbewerb fördern. Dazu gehören unter anderem Ko-Investitionsmodelle, welche sich durch gerechte, angemessene und nichtdiskriminierende Bedingungen für potenzielle Ko-Investoren, Flexibilität hinsichtlich Wert und Zeitpunkt der von den einzelnen Ko-Investoren zugesagten Mittel, die Möglichkeit einer künftigen Aufstockung der Mittel und gegenseitige Rechte, die sich die Ko-Investoren nach Errichtung der gemeinsam finanzierten Infrastruktur gewähren, kennzeichnen;
Justification: Die tatsächliche Nutzung von wettbewerbsfördernden Investitionen sollte Anlass zu Deregulierung bieten, da die Förderung von wettbewerbsbasiertem Infrastrukturausbaue einer Marktregulierung vorzuziehen ist. Bei der Bewertung sollten deshalb alle Investitionsmodelle, die einen nachhaltigen Wettbewerb fördern gleichermaßen berücksichtigt werden.
Comments:

Amendment 1017 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a
(a)the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;	(a)the deployment of the new network elements is the subject of a co-investment agreement according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;
Comments:

Amendment 1018 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a
(a)the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;	(a)the deployment of the new network elements is open to co-investment agreement according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;
Comments:

Amendment 1019 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a
(a)the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;	(a)the deployment of the new network elements is done through co-investment according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure;
Comments:

Amendment 1020 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a – point i (new)
	i)is conducted by a joint venture established by two or more undertakings with shared ownership, and one or more undertaking participating in the joint venture provides wholesale access or competes on retail level; or
Comments:

Amendment 1021 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a – point ii (new)
	ii)is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non-discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure; or
Comments:

Amendment 1022 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a – point iii (new)
	iii)is conducted by a single undertaking that provides a wholesale offer on terms which, similar to conditions for co-investment in subparagraph ii), favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;
Comments:

Amendment 1023 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point b
b)der Aufbau der neuen Netzbestandteile trägt wesentlich zum Aufbau von Netzen mit sehr hoher Kapazität bei;	b)der Aufbau der neuen Netzbestandteile führt zu dem Aufbau von Netzen mit sehr hoher Kapazität, oder es besteht eine angemessene Erwartung hierfür.
Comments:

Amendment 1024 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c
c)Zugangsinteressenten, die sich nicht an der Ko-Investition beteiligen, bekommen dieselbe Qualität, Geschwindigkeit und Bedingungen und erreichen dieselben Endnutzer wie vor dem Aufbau, entweder aufgrund gewerblicher Vereinbarungen zu fairen und angemessenen Bedingungen, oder durch regulierten Zugang, der von der nationalen Regulierungsbehörde aufrechterhalten oder angepasst wird.	entfällt
Comments:

Amendment 1025 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c
(c)access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;	(c)access seekers not participating in one of the deployment models listed in point (a) can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority until 8 years after entry into force of this Directive.
Comments:

Amendments 1026 - 1035

Amendment 1026 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c
(c)access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;	(c)access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, through commercial agreements based on fair and reasonable terms;
Comments:

Amendment 1027 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c
(c)access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;	(c)access seekers not participating in one of the deployment models listed in point (a) can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms assessed by, or by means of regulated access maintained or adapted by, the national regulatory authority;
Justification: Coherence with amendment to Article 74 – paragraph 1 – subparagraph 1 – point a
Comments:

Amendment 1028 Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c
(c)access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;	(c)access seekers not participating in one of the deployment models listed in point (a) can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority;
Comments:

Amendment 1029 Proposal for a directive Article 74 – paragraph 1 – subparagraph 2
When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.	deleted
Justification: Coherence with amendment to Article 74 – paragraph 1 – subparagraph 1 – point a
Comments:

Amendment 1030 Proposal for a directive Article 74 – paragraph 1 – subparagraph 2
When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.	When assessing co-investment terms and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those terms and processes comply with the criteria set out in Annex IV and are compliant with competition law.When co-investment terms comply with Annex IV but may create a situation of significant impediment to effective competition, national regulatory authorities shall ensure that proportionate and justified obligations are imposed to address the situation in accordance with articles 66 to 72.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 1031 Proposal for a directive Article 74 – paragraph 1 – subparagraph 2
Bei der Prüfung der Ko-Investitionsangebote und der Verfahren nach Unterabsatz 1 Buchstabe a stellen die nationalen Regulierungsbehörden sicher, dass diese Angebote und Verfahren den Kriterien in Anhang IV entsprechen.	Die nationale Regulierungsbehörde stellt sicher, dass die Bedingungen für die Anwendung des ersten Absatzes erfüllt sind. Falls sie feststellt, dass diese Bedingungen nicht eingehalten worden sind, kann sie Auflagen nach Artikel 66 sowie nach den Artikeln 67 bis 72 auferlegen.
Comments:

Amendment 1032 Proposal for a directive Article 74 – paragraph 1 – subparagraph 2
When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.	When assessing co-investment offers and agreements referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and agreements comply with the criteria set out in Annex IV.
Comments:

Amendment 1033 Proposal for a directive Article 74 – paragraph 1 – subparagraph 2
When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.	When assessing co-investment terms and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those terms and processes comply with the criteria set out in Annex IV.
Comments:

Amendment 1034 Proposal for a directive Article 74 – paragraph 1 – subparagraph 2
When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.	When assessing deployment models listed in subparagraphs (ii) and (iii) of point (a), national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.
Comments:

Amendment 1035 Proposal for a directive Article 74 – paragraph 1 – subparagraph 2
When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.	When assessing deployment models listed in subparagraphs (ii) and (iii) of point (a), national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.
Comments:

Amendments 1036 - 1118

Amendment 1036 Proposal for a directive Article 74 – paragraph 1 – point 1 (new)
	(1)In order to promote effective competition and the deployment of new network elements, and pro-competitive regulatory conditions, Member States shall, in consultation with BEREC, establish fair and reasonable rules for shared networks and commercial access agreements between operators and virtual service providers. Such rules and regulatory conditions shall serve to increase the level of network traffic, so as to facilitate return on investment, thereby promoting effective competition and development towards trans-European networks.
Comments:

Amendment 1037 Proposal for a directive Article 74 – paragraph 1 – subparagraph 2 a (new)
	In case the market analyses conducted by the national regulatory authority results in a finding that the co-investment offers and/or the commercial agreements do not favour sustainable competition, appropriate regulatory obligations on the operators designated as having significant market power on the relevant market shall be maintained or adapted by the national regulatory authority.
Comments:

Amendment 1111 Proposal for a directive Annex IV – subheading 1
CRITERIA FOR ASSESSING CO-INVESTMENT OFFERS	CRITERIA FOR ASSESSING CO-INVESTMENT TERMS
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 1112 Proposal for a directive Annex IV – paragraph 1 – introductory part
Bei der Bewertung eines Ko-Investitionsangebots gemäß Artikel 74 Absatz 1 überprüft die nationale Regulierungsbehörde, ob die folgenden Kriterien erfüllt sind:	Bei der Bewertung eines Ko-Investitionsangebots gemäß Artikel 74 Absatz 1 überprüft die nationale Regulierungsbehörde, ob die folgenden Kriterien erfüllt sind oder eine angemessene Erwartung besteht, dass diese erfüllt werden:
Comments:

Amendment 1113 Proposal for a directive Annex IV – paragraph 1 – introductory part
When assessing a co-investment offer pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met:	When assessing offers for co-investment or wholesale access pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met:
Comments:

Amendment 1114 Proposal for a directive Annex IV – paragraph 1 – introductory part
When assessing a co-investment offer pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met:	When assessing co-investment terms pursuant to Article 74 (1), the national regulatory authority shall verify whether the following criteria have been met:
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 1115 Proposal for a directive Annex IV – paragraph 1 – point a
a)Das Ko-Investitionsangebot steht allen Unternehmen während der Lebensdauer des in diesem Rahmen ausgebauten Netzes diskriminierungsfrei offen. Der Betreiber mit beträchtlicher Marktmacht kann in das Angebot angemessene Bedingungen bezüglich der finanziellen Leistungsfähigkeit eines Unternehmens aufnehmen, so dass potenzielle Ko-Investoren z. B. nachweisen müssen, dass sie in der Lage sind, gestaffelte Zahlungen zu leisten, auf deren Grundlage der Ausbau geplant wird, oder bezüglich der Zustimmung zu einem strategischen Plan, auf dessen Grundlage mittelfristige Ausbaupläne aufgestellt werden usw.	a)Auf dem relevanten Markt bestehen mindestens drei unabhängige Netze;
Comments:

Amendment 1116 Proposal for a directive Annex IV – paragraph 1 – point b – introductory part
(b)The co-investment offer shall be transparent:	(b)The co-investment offer shall be fair, reasonable, non-discriminatory and transparent:
Comments:

Amendment 1117 Proposal for a directive Annex IV – paragraph 1 – point b – introductory part
b)Das Ko-Investitionsangebot muss transparent sein:	b)Das Ko-Investitionsvorhaben diskriminiert keine Teilnehmer;
Comments:

Amendment 1118 Proposal for a directive Annex IV – paragraph 1 – point b – introductory part
(b)The co-investment offer shall be transparent:	(b)The co-investment terms shall be transparent:
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendments 1119 - 1128

Amendment 1119 Proposal for a directive Annex IV – paragraph 1 – point b – indent 1
-das Angebot steht auf der Website des Betreibers mit beträchtlicher Marktmacht zur Verfügung und ist dort leicht auffindbar;	entfällt
Comments:

Amendment 1120 Proposal for a directive Annex IV – paragraph 1 – point b – indent 1
-the offer is available and easily identified on the website of the SMP operator;	-the terms are available and easily identified on the website of the SMP operator;
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 1121 Proposal for a directive Annex IV – paragraph 1 – point b – indent 2
-die vollständigen detaillierten Bedingungen müssen jedem potenziellen Bieter, der sein Interesse bekundet hat, unverzüglich zur Verfügung gestellt werden, einschließlich der Rechtsform der Ko-Investitionsvereinbarung und – soweit zutreffend – der Eckpunkte der Verwaltungsvorschriften des Ko-Investitionsinstruments;	entfällt
Comments:

Amendment 1122 Proposal for a directive Annex IV – paragraph 1 – point b – indent 2
-full detailed terms must be made available without undue delay to any potential bidder that has expressed an interest, including the legal form of the co-investment agreement and - when relevant - the heads of term of the governance rules of the co-investment vehicle; and	-full detailed terms must be made available without undue delay to any potential bidder that has expressed an interest, including the legal form of the co-investment or wholesale access agreement and - when relevant - the heads of term of the governance rules of the co-investment vehicle; and
Comments:

Amendment 1123 Proposal for a directive Annex IV – paragraph 1 – point b – indent 3
-der Prozess, also z. B. der Fahrplan für die Einrichtung und Entwicklung des Ko-Investitionsprojekts, muss im Voraus festgelegt und potenziellen Ko-Investoren in schriftlicher Form klar erläutert werden; alle wichtigen Meilensteine müssen allen Unternehmen eindeutig und diskriminierungsfrei mitgeteilt werden.	entfällt
Comments:

Amendment 1124 Proposal for a directive Annex IV – paragraph 1 – point b – indent 3
-The process, like the road map for the establishment and development of the co-investment project must be set in advance, it must clearly explained in writing to any potential co-investor, and all significant milestones be clearly communicated to all undertakings without any discrimination.	-The process, like the road map for the deployment models pursuant to subparagraphs (ii) and (iii) of Article 74 (1) (a) of the new network elements must be set in advance, it must clearly explained in writing to any potential co-investor and access seeker, and all significant milestones be clearly communicated to all undertakings without any discrimination.
Comments:

Amendment 1125 Proposal for a directive Annex IV – paragraph 1 – point c – introductory part
c)Das Ko-Investitionsangebot enthält Bedingungen, die langfristig einen nachhaltigen Wettbewerb fördern, darunter insbesondere:	c)Kein Anbieter mit beträchtlicher Marktmacht auf dem relevanten Markt hält mehr als 50% des Endkundenmarktes bei Netzen, die durch Ko-Investitionsvorhaben gebaut wurden.
Comments:

Amendment 1126 Proposal for a directive Annex IV – paragraph 1 – point c – introductory part
(c)The co-investment offer shall include terms to potential co-investors which favour sustainable competition in the long term, in particular:	(c)The offer shall include terms to potential co-investors and access seekers which favour sustainable competition in the long term, in particular:
Comments:

Amendment 1127 Proposal for a directive Annex IV – paragraph 1 – point c – introductory part
(c)The co-investment offer shall include terms to potential co-investors which favour sustainable competition in the long term, in particular:	(c)The co-investment terms shall include terms to potential co-investors which favour sustainable competition in the long term, in particular:
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 1128 Proposal for a directive Annex IV – paragraph 1 – point c – indent 1
-Allen Unternehmen müssen für die Beteiligung an der Ko-Investitionsvereinbarung Bedingungen angeboten werden, die im Verhältnis zu dem Zeitpunkt ihres Beitritts fair, zumutbar und nichtdiskriminierend sind, auch im Hinblick auf einen finanziellen Beitrag zum Erwerb bestimmter Rechte, den Schutz, den die Ko-Investoren aufgrund solcher Rechte sowohl in der Ausbauphase als auch in der Betriebsphase genießen, z. B. durch Gewährung unveräußerlicher Nutzungsrechte für die erwartete Lebensdauer des gemeinsam finanzierten Netzes, und die Bedingungen für einen Beitritt und einen etwaigen Austritt aus der Ko-Investitionsvereinbarung. Nichtdiskriminierende Bedingungen bedeutet in diesem Zusammenhang nicht, dass allen potenziellen Ko-Investoren genau die gleichen – auch finanziellen – Bedingungen angeboten werden müssen, sondern dass sämtliche Abweichungen anhand derselben objektiven, transparenten, nichtdiskriminierenden und vorhersehbaren Kriterien, wie z. B. die Zahl der zugesagten Endnutzer-Anschlussleitungen, gerechtfertigt sein müssen.	entfällt
Comments:

Amendments 1129 - 1138

Amendment 1129 Proposal for a directive Annex IV – paragraph 1 – point c – indent 1
-All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of the protection awarded to the co-investors by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-invested network and in terms of the conditions for joining and potentially terminating the co-investment agreement. Non-discriminatory terms in this context do not entail that all potential co-investors must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.	-All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment or wholesale access agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of the protection awarded to the coinvestors and access seekers by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the newly deployed network elements and in terms of the conditions for joining and potentially terminating the co-investment or wholesale access agreement. Fair, reasonable and non-discriminatory terms shall ensure cost recovery and take into account the risks associated to the investments by the operator. Non-discriminatory terms in this context do not entail that all potential coinvestors or access seekers must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as thenumber of end user lines committed for.
Comments:

Amendment 1130 Proposal for a directive Annex IV – paragraph 1 – point c – indent 1
-All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of the protection awarded to the co-investors by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-invested network and in terms of the conditions for joining and potentially terminating the co-investment agreement. Non-discriminatory terms in this context do not entail that all potential co-investors must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.	-All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of access to individual lines, in terms of the protection awarded to the co-investors by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-invested network and in terms of the conditions for joining and potentially terminating the co-investment agreement. Non-discriminatory terms in this context do not entail that all potential co-investors must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.
Justification: Current provisions for co-investment practices do not allow non-profit or local ISPs to participate in the investments, restricting this opportunity only to larger and incumbent actors. Although Community Networks (CN) and local actors have proven successful in connecting underprivileged communities both in urban and rural areas, it would be only normal to considered them equal members of the telecoms ecosystem, thus giving them fair and equal access to co-investment opportunities.
Comments:

Amendment 1131 Proposal for a directive Annex IV – paragraph 1 – point c – indent 2
-Das Angebot muss im Hinblick auf Höhe und Zeitpunkt der von jedem Ko-Investor übernommenen Verpflichtungen Flexibilität ermöglichen, beispielsweise in Form eines vereinbarten und möglicherweise steigenden Anteils an der Gesamtzahl der Endnutzer-Anschlussleitungen in einem bestimmten Gebiet, zu dem sich Ko-Investoren schrittweise verpflichten können, und sollte in Größeneinheiten festgelegt werden, die es kleineren Ko-Investoren erlauben, ihre Beteiligung schrittweise zu steigern, gleichzeitig aber eine angemessene Höhe der anfänglichen Verpflichtungen gewährleisten. Bei der Festlegung des finanziellen Beitrags, den jeder Ko-Investor zu leisten hat, muss berücksichtigt werden, dass frühe Investoren größere Risiken eingehen und früher Kapital binden.	entfällt
Comments:

Amendment 1132 Proposal for a directive Annex IV – paragraph 1 – point c – indent 2
-The offer must allow flexibility in terms of the value and timing of the commitment provided by each co-investor, for example by means of an agreed and potentially increasing percentage of the total end user lines in a given area, to which co-investors have the possibility to commit gradually and which shall be set at a unit level enabling smaller co-investors to gradually increase their participation while ensuring adequate levels of initial commitment. The determination of the financial consideration to be provided by each co-investor needs to reflect the fact that early investors accept greater risks and engage capital sooner.	-– The offer must allow flexibility in terms of the value and timing of the commitment provided by each co-investor or wholesale access provider, for example by means of an agreed and potentially increasing percentage of the total end user lines in a given area, to which co-investors or access seekers have the possibility to commit gradually while ensuring adequate levels of initial commitment. The determination of the financial consideration to be provided by each co-investor or access seeker needs to reflect the fact that early investors accept greater risks and engage capital sooner.
Comments:

Amendment 1133 Proposal for a directive Annex IV – paragraph 1 – point c – indent 3
-Ein mit der Zeit steigender Mehrbeitrag für erst später eingegangene Verpflichtungen und für neue Ko-Investoren, die der Ko-Investitionsvereinbarung erst nach Beginn des Projekts beitreten, gilt als gerechtfertigt, da er die sinkenden Risiken widerspiegelt und jeden Anreiz nimmt, in früheren Phasen Kapital zurückzuhalten.	entfällt
Comments:

Amendment 1134 Proposal for a directive Annex IV – paragraph 1 – point c – indent 3
-A premium increasing over time has to be considered as justified for commitments made at later stages and for new co-investors entering the co-investment after the commencement of the project, to reflect diminishing risks and to counteract any incentive to withhold capital in the earlier stages.	-A premium increasing over time has to be considered as justified for commitments made at later stages and for new co-investors or access seekers entering after the commencement of the project, to reflect diminishing risks and to counteract any incentive to withhold capital in the earlier stages.
Comments:

Amendment 1135 Proposal for a directive Annex IV – paragraph 1 – point c – indent 3 a (new)
	-Terms and conditions reflecting utilization risks stemming from e.g. low take-up rates compared to overall coverage have to be considered as justified.
Comments:

Amendment 1136 Proposal for a directive Annex IV – paragraph 1 – point c – indent 4
-Die Ko-Investitionsvereinbarung muss zulassen, dass Ko-Investoren erworbene Rechte an andere Ko-Investoren oder an Dritte, die willens sind, der Ko-Investitionsvereinbarung beizutreten, übertragen, sofern das übernehmende Unternehmen verpflichtet bleibt, alle ursprünglichen Verpflichtungen des übertragenden Unternehmens im Rahmen der Ko-Investitionsvereinbarung zu erfüllen.	entfällt
Comments:

Amendment 1137 Proposal for a directive Annex IV – paragraph 1 – point c – indent 4
-The co-investment agreement has to allow the assignment of acquired rights by co-investors to other co-investors, or to third parties willing to enter into the co-investment agreement subject to the transferee undertaking being obliged to fulfil all original obligations of the transferor under the co-investment agreement.	-– The co-investment or wholesale access agreements have to allow the assignment of acquired rights to other co-investors, access seekers or to third parties willing to enter into the co-investment or wholesale access agreement subject to the transferee undertaking being obliged to fulfil all original obligations of the transferor under the co-investment or wholesale access agreement.
Comments:

Amendment 1138 Proposal for a directive Annex IV – paragraph 1 – point c – indent 5
-Die Ko-Investoren müssen sich untereinander zu fairen und zumutbaren Bedingungen gegenseitige Rechte für den Zugang zu der gemeinsam finanzierten Infrastruktur zwecks Erbringung nachgelagerter Dienste – auch für Endkunden – unter transparenten Bedingungen gewähren, die im Ko-Finanzierungsangebot und in der anschließenden Vereinbarung transparent aufgeführt sein müssen, insbesondere wenn die Ko-Investoren einzeln und getrennt für den Ausbau bestimmter Teile des Netzes verantwortlich sind. Wird ein Ko-Investitionsinstrument gebildet, muss es allen Ko-Investoren direkt oder indirekt Zugang zu dem Netz auf der Grundlage der Gleichwertigkeit des Inputs und zu fairen und zumutbaren – auch finanziellen – Bedingungen gewähren, die der unterschiedlichen Höhe der von den einzelnen Ko-Investoren eingegangenen Risiken Rechnung tragen.	entfällt
Comments:

Amendments 1139 - 1050

Amendment 1139 Proposal for a directive Annex IV – paragraph 1 – point c – indent 5
-Co-investors have to grant each other reciprocal rights on fair and reasonable terms and conditions to access the co-invested infrastructure for the purposes of providing services downstream, including to end-users, according to transparent conditions which have to be made transparent in the co-investment offer and subsequent agreement, in particular where co-investors are individually and separately responsible for the deployment of specific parts of the network. If a co-investment vehicle is created, it has to provide access to the network to all co-investors, whether directly or indirectly, on an equivalence of inputs basis and according to fair and reasonable terms and conditions, including financial conditions that reflect the different levels of risk accepted by the individual co-investors.	-Co-investors have to grant each other reciprocal rights on fair and reasonable terms and conditions to access the co-invested infrastructure for the purposes of providing services downstream, including to end-users, according to transparent conditions which have to be made transparent in the co-investment offer and subsequent agreement, in particular where co-investors are individually and separately responsible for the deployment of specific parts of the network. If a co-investment vehicle is created, it has to provide access to the network to all co-investors, whether directly or indirectly, on an equivalence of output basis and according to fair and reasonable terms and conditions, including financial conditions that reflect the different levels of risk accepted by the individual co-investors.
Comments:

Amendment 1140 Proposal for a directive Annex IV – paragraph 1 – point d
(d)The co-investment offer shall ensure a sustainable investment likely to meet future needs, by deploying new network elements that contribute significantly to the deployment of very high capacity networks.	deleted
Comments:

Amendment 1141 Proposal for a directive Annex IV – paragraph 1 – point d
d)Das Ko-Investitionsangebot gewährleistet eine nachhaltige Investition, die voraussichtlich auch dem künftigen Bedarf gerecht wird, indem neue Netzelemente aufgebaut werden, die erheblich zum Ausbau von Netzen mit sehr hoher Kapazität beitragen.	d)Das Ko-Investitionsvorhaben bezweckt oder bewirkt keine Wettbewerbsbeschränkung zwischen den Teilnehmern, oder zwischen den Teilnehmern und anderen Anbietern auf dem gleichen relevanten Markt. Solche Absprachen oder Strukturen beinhalten beispielsweise Marktaufteilungen, Informationsaustausch, Preisabsprachen oder Absprachen bzgl. technologischer Innovationen.
Comments:

Amendment 1142 Proposal for a directive Annex IV – paragraph 1 – point d
(d)The co-investment offer shall ensure a sustainable investment likely to meet future needs, by deploying new network elements that contribute significantly to the deployment of very high capacity networks.	(d)The co-investment terms shall ensure a sustainable investment likely to meet future needs, by deploying new network elements that contribute significantly to the deployment of very high capacity networks.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 1143 Proposal for a directive Annex IV – paragraph 1 – point d a (new)
	d a)Das Ko-Investitionsvorhaben hat weder direkte noch indirekte Abschottungswirkungen, die den Marktzutritt zum relevanten Markt verhindern würden.
Justification: Commercial agreements must not artificially lead to the removal of access obligations if they are necessary to enable and maintain sustainable competition.
Comments:

Amendment 1046 Proposal for a directive Article 77 – paragraph 1 – point b
(b)the undertaking does not hold an exclusive agreement, or an agreement which de facto amounts to an exclusive agreement, with a single and separate undertaking operating downstream that is active in any retail market for electronic communications services provided to private or commercial end-users.	(b)the undertaking does not hold an exclusive agreement, or an agreement which de jure or de facto amounts to an exclusive agreement, with a single and separate undertaking operating downstream that is active in any retail market for electronic communications services provided to private or commercial end-users, and/or limiting third party access to civil engineering and/or limiting third party access to, and use of specific network elements and associated facilities.
Justification: It is essential that wholesale only undertakings do not leverage on their monopoly position by limiting third party access. Open access requirements are therefore essential. In doing so they should be submitted to obligations of accounting separation and price control to ensure full transparency.
Comments:

Amendment 1047 Proposal for a directive Article 77 – paragraph 1 – point b a (new)
	(b a)the undertaking is not a separated untertaking as referred to in article 75 and 76 ;
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 1048 Proposal for a directive Article 77 – paragraph 2
2.If the national regulatory authority concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are fulfilled, it may only impose on that undertaking obligations pursuant to Articles 70 or 71.	2.If the national regulatory authority concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are fulfilled, it may only impose on that undertaking obligations pursuant to Articles 67, 70, 71 and 72.
Comments:

Amendment 1049 Proposal for a directive Article 77 – paragraph 2
2.If the national regulatory authority concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are fulfilled, it may only impose on that undertaking obligations pursuant to Articles 70 or 71.	2.If the national regulatory authority concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are fulfilled, it may only impose on that undertaking obligations pursuant to Articles 70 or 72.
Justification: In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text
Comments:

Amendment 1050 Proposal for a directive Article 77 – paragraph 2 a (new)
	2 a.The national regulatory authority shall deem that these conditions are fulfilled even if the undertaking offer physical connection to end-users or provide the conveyance of signals and network elements for the realization or the development of a local physical infrastructure for crafts, businesses and professions.
Comments:

Amendments 1051 - 1057

Amendment 1051 Proposal for a directive Article 77 – paragraph 4
4.The national regulatory authority shall also review obligations imposed on the undertaking in accordance with this Article if on the basis of evidence of terms and conditions offered by the undertaking to its downstream customers, the authority concludes that competition problems have arisen to the detriment of end-users which require the imposition of one or more obligations provided in Articles 67, 68, 69 or 72, or the modification of the obligations imposed in accordance with paragraph 2.	deleted
Comments:

Amendment 1057 Proposal for a directive Article 79 – paragraph 2
2.Member States shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territory. To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V.	deleted
Comments: