Difference between revisions of "Paquet Telecom 2017/amendements ITRE"

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(Amendment 908 /)
(Amendment 908 +)
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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.
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'''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.
 
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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.
 
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.

Revision as of 16:53, 16 May 2017

Cette page représente un travail en cours, son contenu peut être modifié.

Les amendements de la commission IMCO sont visibles sur cette page

Les amendements de la commission LIBE sont visibles sur cette page

Contents

Amendment 298 ++

Amendment 298
Michel Reimon
Verts/ALE
Article 2 – paragraph 1 – point 1

(1) ‘electronic communications network’ means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;

(1) ‘electronic communications network’ means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed; it does not include network elements managed by individuals in the context of not-for-profit activities;

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.


Inclusion des orga non-profit.

Amendment 299 --

Amendment 299
Evžen Tošenovský
ECR
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.


Dérégulation sur la QoS + dérégulation sur les réseaux privés.

Amendment 300 --

Amendment 300
Michał Boni, Jerzy Buzek, Gunnar Hökmark
EPP
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.


Pas de focus sur la QoS, la qualité seulement mesurée sur les paramètres du réseau.

Amendment 301 +

Amendment 301
Michel Reimon
Verts/ALE
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’.


Tentative d'inclure une QoS.

Amendment 302 /

Amendment 302
David Borrelli, Dario Tamburrano
EFD
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.


À relire.

Amendment 304 -

Amendment 304
Gunnar Hökmark, Michał Boni, Krišjānis Kariņš, Bendt Bendtsen
EPP
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.


Pas de focus sur la QoS, la qualité seulement mesurée sur les paramètres du réseau


Amendment 305 -

Amendment 305
Kaja Kallas
ALDE
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


QoS ? Pas sur, à relire


Amendment 306 /

Amendment 306
Anna Záborská, Ivan Štefanec
EPP
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.


Pas comprise et ça a pas l'air bon

Quota : « partly » -> ça, ça ouvre la porte à définir comme réseau à haute capacité un truc avec 3 morceaux de fibres dedans, pas bon, je trouve.

Amendment 307 --

Amendment 307
Kathleen Van Brempt
S&D
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.


Pas clair, dérégulation


Amendment 308 +

Amendment 308
Miapetra Kumpula-Natri, Dan Nica, Edouard Martin, Theresa Griffin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod
S&D
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.


QoS mais doit aller plus loin mais cet amendement renforcerait l'obligation de bonne gestion des interconnexions comme demandée par FFDN


Amendment 310 /

Amendment 310
Henna Virkkunen
EPP
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.


Utilité ?

Quota : même réserve sur « partly ».

Amendment 311 +

Amendment 311
Eva Kaili
S&D
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.


Pareil que le 308


Amendment 312 /

Amendment 312
Edouard Martin
S&D
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.


Fibrage type FTTH (premises?) + QoS idem 308 et 311


Amendment 313 +

Amendment 313
Anne Sander, Françoise Grossetête
EPP
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.


Pareil 308, 311


Amendment 315 /

Amendment 315
Anne Sander, Françoise Grossetête
EPP
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.


Pas compris


Amendment 316 ++

Amendment 316
Michel Reimon
Verts/ALE
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.


inclusion des non-profit


Amendment 317 /

Amendment 317
Evžen Tošenovský
ECR
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;


Pas compris

Quota: Le « publicly available » me semble à double tranchant. On peut dire que fournir des services => IP publiques, mais en même temps, il y a des services qui en sont bien et qui ne sont pas *ouverts* au public (genre, mon mail).

Amendment 318 /

Amendment 318
Kaja Kallas
ALDE
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


Pas sur

Amendment 319 /

Amendment 319
Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
ENF
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;


Primar purpose pour la communication électronique mais quid des autres services ? Qu'est-ce une communication électronique ?

< adrien> en tout cas, en france, on a "On entend par communications électroniques les émissions, transmissions ou réceptions de signes, de signaux, d'écrits, d'images ou de sons, par voie éléctromagnétique." < adrien> je sais pas du tout s'il y a une définition européenne < adrien> en tout cas avec celle que je viens de mentionner, j'ai envie de dire qu'il y a l'interprétation physique et l'interprétation usuelle

Amendment 320 /

Amendment 320
Evžen Tošenovský
ECR
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;


Forme, précision sur "electronic"


Amendment 321 /

Amendment 321
Michel Reimon
Verts/ALE
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;


Retrait de "normally", précision

Amendment 322 /

Amendment 322
Kaja Kallas
ALDE
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


Pas compris, quelle contrôle "significant" pour les MVNO ?


Amendment 323 /

Amendment 323
Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
ENF
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;


Précision sur la définition de number-based service, à confirmer avec notre position


Amendment 324 /

Amendment 324
Kaja Kallas
ALDE
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


Inverse du 322, à revoir


Amendment 325 /

Amendment 325
Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
ENF
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;


Exclusion de services dont la communication est un "secondary feature". A confirmer


Amendment 326 -

Amendment 326
Evžen Tošenovský
ECR
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;


Dérégulation


Amendment 327 +

Amendment 327
Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
ENF
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;


Définition de subscriber


Amendment 328 +

Amendment 328
Michel Reimon
Verts/ALE
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;


Service de sécurité et d'urgence


Amendment 329 +

Amendment 329
Françoise Grossetête, Anne Sander
EPP
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;


Idem 328


Amendment 330 +

Amendment 330
Miapetra Kumpula-Natri, Dan Nica, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod, Martina Werner
S&D
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.


Idem 328, 329


Amendment 331 +

Amendment 331
José Blanco López
S&D
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;


Idem 328, 329, 330


Amendment 332 +

Amendment 332
Morten Helveg Petersen
ALDE
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.


Précision, impact ?

Amendment 333 ++

Amendment 333
Michel Reimon
Verts/ALE
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.


exclusion des obligations pour les non profits

Amendment 334 -

Amendment 334
Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
ENF
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;


dérégulation


Amendment 335 --

Amendment 335
Evžen Tošenovský
ECR
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;


exclusion des réseaux privés virtuel (genre via VPN) ou locaux (LAN)


Amendment 336 --

Amendment 336
Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
ENF
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;


retrait de la VOIP comme service non-numbered based


Amendment 414 /

Amendment 414
Edouard Martin
S&D
Article 10 – paragraph 2

2. Member States shall ensure that national regulatory authorities take utmost account of opinions and common positions adopted by BEREC when adopting their own decisions for their national markets.

2. Member States shall ensure that national regulatory authorities take utmost account of opinions, common positions or decisions adopted by BEREC when adopting their own decisions for their national markets.

Justification: If BEREC is to become an agency, its role and powers should be enhanced adequately (especially in articles 32-33)


Comprends pas l'intérêt

Quota : J'ai l'impression que le cadre est plus lâche, on peut choisir d'ignorer le BEREC sur un des deux points (décisions OU positions).

Amendment 415 +

Amendment 415
Michel Reimon
Verts/ALE
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. A harmonised implementation within the EU is of the utmost importance for predictability of law and for ensuring end-users rights.Amendment


Coordination ++ entre MS dans l'implémentation du travail du BEREC

Amendment 565 ++

Amendment 565
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod, Martina Werner
S&D
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.

Justification: Encrypting communications content from end to end by default is the best way to effectively minimise the impact of security incidents.


Chiffrement par défaut


Amendment 566 ++

Amendment 566
Eva Kaili
S&D
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.


Idem 565


Amendment 567 ++

Amendment 567
Michel Reimon
Verts/ALE
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”.


Idem 565, 566


Amendment 568 ++

Amendment 568
Kaja Kallas, Marietje Schaake
ALDE
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


Idem 565, 566, 567


Amendment 569 /

Amendment 569
Evžen Tošenovský
ECR
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.


What about public funded OTT (genre l'application SAIP)


Amendment 570 +

Amendment 570
Kaja Kallas, Marietje Schaake
ALDE
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.


Impératif de sécurité pour tout service de communication électronic qui a un financement public


Amendment 571 +

Amendment 571
Evžen Tošenovský
ECR
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.


Précision qu'un problème de sécurité n'est pas nécessairement une faille


Amendment 572 +

Amendment 572
Evžen Tošenovský
ECR
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;


Précision pour la sécurité sur les réseaux et pas seulement le service


Amendment 573 /

Amendment 573
Kaja Kallas, Marietje Schaake
ALDE
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


Quel impact pour cet amendement ?


Amendment 574 /

Amendment 574
Evžen Tošenovský
ECR
Article 40 – paragraph 3 – subparagraph 2 – point e

(e) the impact on economic and societal activities.

deleted


Idem 573


Amendment 575 +

Amendment 575
Miapetra Kumpula-Natri
S&D
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.


Communication sur les incidents de sécurité

Amendment 576 /

Amendment 576
Evžen Tošenovský
ECR
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


Pas compris


Amendment 577 /

Amendment 577
Kaja Kallas, Marietje Schaake
ALDE
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.


Notification à l'ENISA + coopération MS/ENISA

Amendment 578 +

Amendment 578
Kaja Kallas, Marietje Schaake
ALDE
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.


ENISA + promotion du chiffrement


Amendment 592 /

Amendment 592
David Borrelli, Dario Tamburrano
EFDD
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: The amendment aims to promote competition criteria in radio spectrum assignment procedures.


Ajout du pro-competitive, pourquoi ?


Amendment 593 /

Amendment 593
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod, Martina Werner, Flavio Zanonato
S&D
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.


Idem 592


Amendment 594 /

Amendment 594
José Blanco López
S&D
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.


Idem 592, 592


Amendment 595 /

Amendment 595
David Borrelli, Dario Tamburrano
EFDD
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.


Pas compris, vérifier les références


Amendment 596 /

Amendment 596
Michel Reimon
Verts/ALE
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;


Vérifier la régulation de référence


Amendment 597 /

Amendment 597
Miapetra Kumpula-Natri, Dan Nica, Martina Werner, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod
S&D
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.


Idem 596


Amendment 598 /

Amendment 598
José Blanco López
S&D
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;


Idem 596, 597


Amendment 599 /

Amendment 599
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod, Flavio Zanonato, Theresa Griffin
S&D
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


Pas compris


Amendment 600 /

Amendment 600
José Blanco López
S&D
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


Idem 599


Amendment 601 /

Amendment 601
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod
S&D
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.


Promotion de la compétition dans l'usage du spectre, lien avec la question pour l'amendement 592


Amendment 602 /

Amendment 602
David Borrelli, Dario Tamburrano
EFDD
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.


Idem 601


Amendment 603 ++

Amendment 603
Michel Reimon
Verts/ALE
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.


Mise en place d'un régime de partage du spectre non-soumis à license


Amendment 604 /

Amendment 604
Evžen Tošenovský
ECR
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

Amendment 605 /

Amendment 605
Miapetra Kumpula-Natri, Dan Nica, Edouard Martin, Theresa Griffin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod
S&D
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.


Obligation de l'avis du RSPG

Amendment 606 /

Amendment 606
Pervenche Berès, Edouard Martin
S&D
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:


Pas compris l'intérêt


Amendment 607 /

Amendment 607
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod, Edouard Martin
S&D
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.


Idem 606


Amendment 608 /

Amendment 608
José Blanco López
S&D
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:


Idem 606, 607


Amendment 609 /

Amendment 609
Eva Kaili
S&D
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:


Idem 606, 607, 608


Amendment 610 -

Amendment 610
Kaja Kallas
ALDE
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


Vocabulaire ETNO, warning !

Amendment 611 -

Amendment 611
Michel Reimon
Verts/ALE
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:


Renforcement et obligation pour les MS de prendre des restrictions proportionnelles et non-discriminatoires

Amendment 612 +

Amendment 612
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod, Edouard Martin, Theresa Griffin
S&D
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.


Idem 611


Amendment 613 +

Amendment 613
Miapetra Kumpula-Natri, Dan Nica, Theresa Griffin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod, Martina Werner
S&D
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.


Promotion de l'interconnexion


Amendment 614 +

Amendment 614
José Blanco López
S&D
Article 45 – paragraph 4 – subparagraph 2 – point d a (new)

(d a) promote interconnection in Europe along major transport paths;


Idem 613


Amendment 615 +

Amendment 615
Françoise Grossetête, Anne Sander
EPP
Article 45 – paragraph 5 – subparagraph 2 – point d a (new)

(d a) the promotion of interconnection in Europe along major transport paths.


Idem 613, 614


Amendment 616 +

Amendment 616
Michel Reimon
Verts/ALE
Article 45 – paragraph 5 – subparagraph 2 – point d a (new)

(d a) the promotion of interconnection in Europe along major transport paths


Idem 613, 614, 615


Amendment 617 +

Amendment 617
Michel Reimon
Verts/ALE
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.


Inclusion de l'Union européenne dans la prise des décisions


Amendment 618 +

Amendment 618
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod
S&D
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.


Essentiellement idem 617


Amendment 619 +

Amendment 619
José Blanco López
S&D
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.


Essentiellement idem 617, 618


Amendment 663 /

Amendment 663
Kaja Kallas, Marietje Schaake
ALDE
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 effective and efficient use, promote efficient investments, including by allowing for an appropriate period for investment amortisation , promote innovation and allow for the evolution of services and technologies.

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


BS ETNO

Amendment 664 /

Amendment 664
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod, Martina Werner
S&D
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.


Inclusion de la compétition


Amendment 665 +

Amendment 665
András Gyürk
EPP
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


Retrait de l'obligation de 25 ans (! à voir si c'est remplacé)


Amendment 666 --

Amendment 666
Edouard Martin
S&D
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.


15 ans, ça reste trop + revue de tous les 10 ans


Amendment 667 --

Amendment 667
Eva Kaili
S&D
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.


Idem 666


Amendment 668 --

Amendment 668
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod, Martina Werner
S&D
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.


Idem 666, 667


Amendment 669 --

Amendment 669
José Blanco López
S&D
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.


Idem 666, 667, 668


Amendment 670 -

Amendment 670
Kaja Kallas, Marietje Schaake
ALDE
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


25 ans trop long, même si revue tous les 5 ans


Amendment 671 --

Amendment 671
Gunnar Hökmark, Michał Boni, Bendt Bendtsen
EPP
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.


30 ans, trop long


Amendment 672 -

Amendment 672
David Borrelli, Dario Tamburrano
EFDD
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.


10 ans trop long


Amendment 673 --

Amendment 673
Evžen Tošenovský
ECR
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.


Dérégulation et laissé vide


Amendment 674 ++

Amendment 674
Michel Reimon
Verts/ALE
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. The "use it or lose it" clause proposed in the Code is insufficient to enable NRAs to withdraw authorisation if necessary. The capacities of the NRAs should thus be enhanced and more detailed in order to control the use of the licences, preventing holders from "parking" frequencies for too long, thereby hindering connectivity and innovation.


Maximum 25 ans et revue tous les 5 ans


Amendment 675 -

Amendment 675
Michał Boni, Françoise Grossetête, Anne Sander
EPP
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. Amendment


Donne la possibilité d'étendre


Amendment 702 ++

Amendment 702
Michel Reimon
Verts/ALE
Article 55 – paragraph 1 – subparagraph 2

Where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or end-user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to Article 12, to obligations regarding end-users rights pursuant to Title III of Part III of this Directive nor to obligations to interconnect their networks pursuant to Article 59 (1).

Where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to Article 12, to obligations regarding users rights pursuant to Title III of Part III of this Directive nor to obligations to interconnect their networks pursuant to Article 59 (1). Individuals providing such access not-for-profit shall not be liable for information transmitted by third parties over such access.

Justification: The Proposal intends to foster the development of radio local area networks, especially where they provide services which are not commercial in character. The development of such networks mainly depends on the personal participation of individual volunteers, who expend the networks by managing their own relays and access points. However, such a participation is hindered by several laws which seek to prevent the sharing of Internet connections amongst several users by making people responsible (and potentially liable) for all communication made through their Wi-Fi connection, and create legal risks for people sharing their connection.In Germany, rights-holders have used a "secondary liability" doctrine to chill the growth of the community networks movement. In France too, copyright law imposes a secondary liability regime that creates significant legal uncertainty for people sharing their network connections with other users. The so-called "mere conduit", inscribed in EU law since 2000 in the directive on information society services, needs to be clearly guaranteed and expanded to small-area wireless access points.In the same spirit, 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.Promoting a right to share Internet connections is all the more vital considering the economic and ecological crises, as well as the rapid increase of populations that cannot afford access to the Internet. In this context, connection sharing can play a critical role in fostering a more equitable and sustainable use of telecommunications infrastructure.


mise en place de protections et d'avantages pour les non-profit


Amendment 703 ++

Amendment 703
Kaja Kallas, Marietje Schaake
ALDE
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


Idem 702


Amendment 704 +

Amendment 704
José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz
S&D
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.


Consentement explicite

Amendment 705 /

Amendment 705
Michel Reimon
Verts/ALE
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.


End user > user, quel intérêt ?


Amendment 706 ++

Amendment 706
José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz
S&D
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.


Partage de connexion wifi et pas de résponsabilité de l'utilisation


Amendment 707 /

Amendment 707
Evžen Tošenovský
ECR
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:


Pas compris

Quota : Je pense que ça revient à limite le scope de l'article aux communications qui passent par le téléphone (number).

Amendment 708 --

Amendment 708
Evžen Tošenovský
ECR
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


Pas le choix de réseau tiers par les utilisateurs


Amendment 709 /

Amendment 709
Michel Reimon
Verts/ALE
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;


Question Idem 705


Amendment 710 --

Amendment 710
Evžen Tošenovský
ECR
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


Pas le choix pour les utilisateurs


Amendment 711 /

Amendment 711
Michel Reimon
Verts/ALE
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.


Question idem 705, 709

Amendment 712 ++

Amendment 712
Evžen Tošenovský
ECR
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


Cf justification 713

Amendment 713 ++

Amendment 713
Michel Reimon
Verts/ALE
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.


Cf justification


Amendment 714 +

Amendment 714
Michel Reimon
Verts/ALE
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.


Users et end-users ont pas les mêmes obligations et les mêmes droits user => business et end-user => gens. Pas normal, cet amendement le règle


Amendment 715 +

Amendment 715
Michel Reimon
Verts/ALE
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).


Idem 714


Amendment 717 +

Amendment 717
Pervenche Berès, Edouard Martin
S&D
Article 59 – paragraph 1 – subparagraph 1

Pour réaliser les objectifs exposés à l’article 3, les autorités de régulation nationales encouragent et, le cas échéant, assurent, conformément aux dispositions de la présente directive, un accès et une interconnexion adéquats, ainsi que l’interopérabilité des services et elles s’acquittent de leur tâche de façon à promouvoir l’efficacité économique, à favoriser une concurrence durable et le déploiement de réseaux à très haute capacité, à encourager des investissements efficients et l’innovation et à procurer un avantage maximal à l’utilisateur final. Elles fournissent des orientations et rendent publiques les procédures applicables pour l’obtention de l’accès et de l’interconnexion, afin que les petites et moyennes entreprises et les opérateurs actifs dans une zone géographique limitée puissent bénéficier des obligations imposées.

Pour réaliser les objectifs exposés à l’article 3, les autorités de régulation nationales encouragent et, le cas échéant, assurent, conformément aux dispositions de la présente directive, un accès et une interconnexion adéquats, ainsi que l’interopérabilité des services et elles s’acquittent de leur tâche de façon à promouvoir l’efficacité économique, à favoriser une concurrence durable, le pluralisme des médias, la diversité culturelle, le déploiement de réseaux à très haute capacité, à encourager des investissements efficients et l’innovation et à procurer un avantage maximal à l’utilisateur final. Elles fournissent des orientations et rendent publiques les procédures applicables pour l’obtention de l’accès et de l’interconnexion, afin que les petites et moyennes entreprises et les opérateurs actifs dans une zone géographique limitée puissent bénéficier des obligations imposées.


Possibilité de lutter contre des offres qui limite la liberté de l'information via des offres bundle

Amendment 718 /

Amendment 718
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod
S&D
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.


À vérifier


Amendment 719 /

Amendment 719
Michel Reimon
Verts/ALE
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.


À vérifier

Quota : je comprends la justification, mais je ne comprends pas pourquoi ça passe par le retrait de « the deployment of very high capacity networks »…

Amendment 720 +

Amendment 720
Theresa Griffin
S&D
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.


Possibilité de lutter contre des offres qui limite la liberté de l'information via des offres bundle

Amendment 721 -

Amendment 721
Pervenche Berès
S&D
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 :


"Entre autres" fait que la liste n'est pas une liste d'obligations

Amendment 722 /

Amendment 722
Michel Reimon
Verts/ALE
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


pas compris


Amendment 723 /

Amendment 723
Olle Ludvigsson
S&D
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


id


Amendment 724 /

Amendment 724
Evžen Tošenovský
ECR
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


id


Amendment 725 /

Amendment 725
Gunnar Hökmark, Henna Virkkunen, Krišjānis Kariņš, Bendt Bendtsen
EPP
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.


id


Amendment 726 /

Amendment 726
Pervenche Berès, Edouard Martin
S&D
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.


Autres services que celui de la télé

Amendment 727 +

Amendment 727
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod, Theresa Griffin
S&D
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.


Autres services que celui de la télé, mais la justification pue, ça vient d'ETNO


Amendment 728 +

Amendment 728
Eva Kaili
S&D
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.


Id 727


Amendment 729 --

Amendment 729
Olle Ludvigsson
S&D
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).


Dérégulation dangereuse

Amendment 730 --

Amendment 730
Evžen Tošenovský
ECR
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).



Dérégulation dangereuse

Amendment 731 ++

Amendment 731
Michel Reimon
Verts/ALE
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.


Amendment 732 +

Amendment 732
Kaja Kallas, Marietje Schaake
ALDE
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


Amendment 733 /

Amendment 733
Kaja Kallas, Marietje Schaake
ALDE
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

Amendment 735 /

Amendment 735
Kaja Kallas
ALDE
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


À vérifier, mais semble bon


Amendment 736 /

Amendment 736
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod
S&D
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.


Complexe, à revoir


Amendment 737 /

Amendment 737
Eva Kaili
S&D
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]


Id 736


Amendment 738 /

Amendment 738
Michel Reimon
Verts/ALE
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.


id 736 et 737


Amendment 739 --

Amendment 739
Lieve Wierinck, Hilde Vautmans
ALDE
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.


Perte de l'obligation de développer des réseaux haut débit pour des fausses solutions comme le VDSL. Et entre nous, ça pue l'amendement d'un lobby


Amendment 740 --

Amendment 740
Kathleen Van Brempt
S&D
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.


Id 739


Amendment 741 --

Amendment 741
Gunnar Hökmark, Henna Virkkunen, Bendt Bendtsen
EPP
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.


Id 739, 740


Amendment 742 -

Amendment 742
Olle Ludvigsson
S&D
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.


Id 739, 740, 741 mais un peu moins pire

Amendment 743 +

Amendment 743
Anne Sander, Françoise Grossetête
EPP
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.


Amendment 744 /

Amendment 744
José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz
S&D
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.


Amendment 745 +

Amendment 745
Edouard Martin
S&D
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.


Amendment 746 --

Amendment 746
Fulvio Martusciello
EPP
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.


May => perte de l'obligation


Amendment 747 --

Amendment 747
Krišjānis Kariņš
EPP
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.


Id 746


Amendment 748 ++

Amendment 748
Lieve Wierinck, Hilde Vautmans
ALDE
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


Amendment 749 ++

Amendment 749
Olle Ludvigsson
S&D
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


Amendment 750 ++

Amendment 750
Kathleen Van Brempt
S&D
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


Amendment 751 ++

Amendment 751
Gunnar Hökmark, Henna Virkkunen, Krišjānis Kariņš, Bendt Bendtsen
EPP
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.


Amendment 752 ++

Amendment 752
Michel Reimon
Verts/ALE
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

Amendment 753 --

Amendment 753
Miapetra Kumpula-Natri, Dan Nica, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Jeppe Kofod, Flavio Zanonato
ALDE
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.


Active and passive access must have the same level of openess


Amendment 754 --

Amendment 754
José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz
S&D
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.


Amendment 755 --

Amendment 755
Anne Sander, Françoise Grossetête
EPP
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.


Amendment 756 --

Amendment 756
Edouard Martin
S&D
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.


Amendment 757 ++

Amendment 757
José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz
S&D
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.

Amendment 792 ++

Amendment 792
Michel Reimon
Verts/ALE
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, including through a commercial or a co-investment agreement, 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.

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.


Commercial agreements and co-investment can be considered as oligopolies


Amendment 793 +

Amendment 793
Kathleen Van Brempt
S&D
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.


Élargissement de la définition de SMP (significant market power)


Amendment 794 ++

Amendment 794
Kaja Kallas
ALDE
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. 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


Élargissement de la définition de SMP (significant market power)


Amendment 795 +

Amendment 795
Michel Reimon
Verts/ALE
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.


AM identique aux AMs 796, 797, 798 - Réinsertion du §3 de la directive 2009/140


Amendment 799 /

Amendment 799
Evžen Tošenovský
ECR
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.


Moins intéressant et complet que d'autres AM


Amendment 800 +

Amendment 800
Miapetra Kumpula-Natri, Edouard Martin, Flavio Zanonato, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod
S&D
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.


Élargissement de la définition de SMP (significant market power)

Amendment 872 --

Amendment 872
Anna Záborská, Ivan Štefanec
EPP
Article 70

Article 70

deleted


Suppression de l'art 70


Amendment 880 --

Amendment 880
Michał Boni, Henna Virkkunen, Jerzy Buzek
EPP
Article 70 – paragraph 1

1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under 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.

1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering and passive infrastructure including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, inactive wireline transmission infrastructure including cable and fiber, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under 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.

Justification: It is proposed to extend the scope of this Article to all passive infrastructure.


Cherche à focaliser l'art. 70 sur l'accès au passif


Amendment 889 --

Amendment 889
Miapetra Kumpula-Natri, Edouard Martin, Dan Nica, Jeppe Kofod, Carlos Zorrinho, Victor Negrescu, Zigmantas Balčytis
S&D
Article 70 – paragraph 1 a (new)

1 a. National regulatory authorities shall take account in particular of the following factors:

Justification: Civil engineering access enhances infrastructure-based-competition but should not be treated as the sole or primary remedy. That is what it is necessary to include the complementary obligation of giving access to the entire physical network elements (i.e. passive access). Passive remedies, compared to active ones, remain the main wholesale access products that ensure and promote sustainable infrastructure-based competition. The amendment therefore gives priority to passive over active remedies.


Cf. AM 943 sur l'art. 71


Amendment 893 -

Amendment 893
Pavel Telička
ALDE
Article 70 – paragraph 2

2. National regulatory authorities may impose obligations on an operator to provide access in accordance with this Article, irrespective of whether the assets that are affected by the obligation are part of the relevant market in accordance with the market analysis, provided that the obligation is necessary and proportionate to meet the objectives of Article 3.

2. National regulatory authorities 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'''''(c) the feasibility of providing the access proposed, in relation to the capacity available;'''''(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment;'''''(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition;'''''(f) where appropriate, any relevant intellectual property rights;'''''(g) the provision of pan-European services.


Amendment 894 -

Amendment 894
Michel Reimon
Verts/ALE
Article 70 – paragraph 2

2. National regulatory authorities may impose obligations on an operator to provide access in accordance with this Article, irrespective of whether the assets that are affected by the obligation are part of the relevant market in accordance with the market analysis, provided that the obligation is necessary and proportionate to meet the objectives of Article 3.

2. National regulatory authorities shall take account in particular of the following factors:

Justification: Civil engineering access enhances infrastructure-based-competition but should not be treated as the sole or primary remedy. That is what it is necessary to include the complementary obligation of giving access to the entire physical network elements (i.e. passive access). Passive remedies, compared to active ones, remain the main wholesale access products that ensure and promote sustainable infrastructure-based competition. The amendment therefore gives priority to passive over active remedies.


Amendment 895 -

Amendment 895
Michel Reimon
Verts/ALE
Article 70 – paragraph 2 – point a (new)

(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;


Amendment 896 -

Amendment 896
Michel Reimon
Verts/ALE
Article 70 – paragraph 2 – point b (new)

(b) the technological evolution affecting network design and management


Amendment 897 -

Amendment 897
Michel Reimon
Verts/ALE
Article 70 – paragraph 2 – point c (new)

(c) the feasibility of providing the access proposed, in relation to the capacity available;


Amendment 898 -

Amendment 898
Michel Reimon
Verts/ALE
Article 70 – paragraph 2 – point d (new)

(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment;


Amendment 899 -

Amendment 899
Michel Reimon
Verts/ALE
Article 70 – paragraph 2 – point e (new)

(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure based competition;


Amendment 900 -

Amendment 900
Michel Reimon
Verts/ALE
Article 70 – paragraph 2 – point f (new)

(f) the provision of pan-European services.


Amendment 901 -

Amendment 901
Anna Záborská, Ivan Štefanec
EPP
Article 70 a (new)

Article 70 a

Access obligations beyond civil engineering

In geographic areas where two access networks can be expected on a forward-looking basis and where at least one of the network operators offers wholesale access to any interested undertaking, on reasonable commercial terms permitting sustainable competition on the retail market, national regulatory authorities shall not impose or maintain wholesale access obligations, beyond access to civil infrastructure according to Article 3 of Directive 2014/61/EU.

Amendment 902 /

Amendment 902
Miapetra Kumpula-Natri, Patrizia Toia, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod
S&D
Article 71 – title

Obligations of access to, and use of, specific network facilities

Obligations of access to, and use of, entire and shared physical network elements

Justification: In line with other AMs.Amendment


Modification du titre => restriction au passif /!\ Inacceptable si l'actif n'est pas mis sur un pied d'égalité quelque part.


Amendment 903 -

Amendment 903
Pavel Telička
ALDE
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:


AM identique à l'AM 904 - En contradiction avec d'autres AM que nous soutenons (cf. 907)


Amendment 905 +

Amendment 905
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
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.


AM presque identique aux AMs 907 et 908, ainsi qu'à l'AM 909


Amendment 906 -

Amendment 906
Anna Záborská, Ivan Štefanec
EPP
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.


Fait passer l'innovation avant le reste ce qui implique trop de dérives possibles


Amendment 907 ++

Amendment 907
Michel Reimon
Verts/ALE
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.


AM identique à l'AM 908

Amendment 908 +

Amendment 908
José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz
S&D
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.

Amendment 909 +

Amendment 909
Kaja Kallas
ALDE
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. In addition, 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


Presque identiques aux AMs 905, 907 et 908. Essaie de ne pas se focaliser à la concurrence sur le marché de détail.

Amendment 911 -

Amendment 911
Evžen Tošenovský
ECR
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.


Amendment 912 +

Amendment 912
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
Article 71 – paragraph 1 – subparagraph 2 – introductory part

Operators may be required inter alia:

National regulatory authorities may impose inter alia:


Clarifie le fait que ce sont les ARNs qui peuvent imposer des obligations aux opérateurs.

Amendment 913 --

Amendment 913
Anna Záborská, Ivan Štefanec
EPP
Article 71 – paragraph 1 – subparagraph 2 – introductory part

Operators may be required inter alia:

Operators may be required:


En enlevant le "inter alia", le PPE veut réduire les obligations qui peuvent porter les opérateurs.

Amendment 914 /

Amendment 914
Pavel Telička
ALDE
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;


/!\ Se focalise sur l'accès au éléments non physiques => offres activées - Identique aux AM 915 et 916


Amendment 917 +++

Amendment 917
Michel Reimon
Verts/ALE
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;


/!\ Se focalise sur l’accès au éléments non physiques => offres activées, mais plus complet que l’AM 914. Nous sommes totalement d’accord avec la seconde partie. C’est l’ajout “non-physical” qui me fait hésiter !

Amendment 918 --

Amendment 918
Anna Záborská, Ivan Štefanec
EPP
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;


Considère que les obligations ne doivent exister que si des problèmes sont identifiés au niveau 'retail'. Cet AM n'a d'utilité que pour favoriser encore un peu plus la position dominante des très gros opérateurs.

Amendment 919 /

Amendment 919
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
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


Focalise sur le passif et le dégroupage. Ne parle pas de l'offre active.


Amendment 920 /

Amendment 920
Michał Boni
EPP
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.


/!\ Considère que l'art. 70 s'adresse au passif uniquement et l'art. 71 à l'actif uniquement.


Amendment 924 -

Amendment 924
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
Article 71 – paragraph 1 – subparagraph 2 – point b

(b) to negotiate in good faith with undertakings requesting access;

deleted


Amendment 925 -

Amendment 925
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
Article 71 – paragraph 1 – subparagraph 2 – point c

(c) not to withdraw access to facilities already granted;

deleted


Amendment 926 -

Amendment 926
Fulvio Martusciello
EPP
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;


Amendment 930 --

Amendment 930
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
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


Amendment 931 --

Amendment 931
Anna Záborská, Ivan Štefanec
EPP
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;


Amendment 932 --

Amendment 932
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
Article 71 – paragraph 1 – subparagraph 2 – point e

(e) to provide co-location or other forms of associated facilities sharing;

deleted


Amendment 933 --

Amendment 933
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
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


Amendment 934 --

Amendment 934
Anna Záborská, Ivan Štefanec
EPP
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;


Cet AM concerne le "network slicing" des réseaux 5G. La 5G permet d'avoir *des* réseaux car le réseau (antennes, matériel opérateur) sera générique et pourra être programmé pour un usage donné en fonction des caractéristiques attendues du réseau (ex: faible latence). Cet AM vise donc à empêcher l'obligation de fournir les services d'accès nécessaires pour qu'un opérateur tiers puisse opérer sur le réseau "slicé", avec pour conséquence la fermeture du marché et de la concurrence.

Amendment 935 --

Amendment 935
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
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


Amendment 936 --

Amendment 936
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
Article 71 – paragraph 1 – subparagraph 2 – point h

(h) to interconnect networks or network facilities;

deleted


Amendment 937 --

Amendment 937
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
Article 71 – paragraph 1 – subparagraph 2 – point i

(i) to provide access to associated services such as identity, location and presence service.

deleted

Amendment 939 ++

Amendment 939
Michel Reimon
Verts/ALE
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.The mere existence of a “prospective commercial access offer” should not be a sufficient basis upon which to require regulatory forbearance – if it were, then the absence of take-up could result in a de facto unregulated monopoly (see also BEREC opinion BoR (16) 213 (p. 7)).


Amendment 940 ++

Amendment 940
David Borrelli, Dario Tamburrano
EFD
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.


Amendment 943 --

Amendment 943
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
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.


AM pro teclos


Amendment 944 /

Amendment 944
José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz
S&D
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


Amendment 946 -

Amendment 946
Michał Boni
EPP
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.


Amendment 947 /

Amendment 947
Kaja Kallas
ALDE
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


Amendment 948 ++

Amendment 948
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
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


Suppression - The role of NRAs is not to secure the investments of operators but to ensure a harmonious development in the territories and give to all equal access to the market and services.


Amendment 950 -

Amendment 950
Pavel Telička
S&D
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


Amendment 952 /

Amendment 952
Kaja Kallas
ALDE
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.


Amendment 953 ++

Amendment 953
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
Article 71 – paragraph 2 – point c

(c) the feasibility of providing the access proposed, in relation to the capacity available;

deleted


Suppression - The role of NRAs is not to secure the investments of operators but to ensure a harmonious development in the territories and give to all equal access to the market and services.


Amendment 954 ++

Amendment 954
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
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


Suppression - The role of NRAs is not to secure the investments of operators but to ensure a harmonious development in the territories and give to all equal access to the market and services.


Amendment 955 -

Amendment 955
Fulvio Martusciello
EPP
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;


Amendment 958 -

Amendment 958
Michel Reimon
Verts/ALE
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;


Amendment 959 ++

Amendment 959
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
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


Suppression - The role of NRAs is not to secure the investments of operators but to ensure a harmonious development in the territories and give to all equal access to the market and services.


Amendment 960 -

Amendment 960
Anna Záborská, Ivan Štefanec
EPP
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;


Amendment 961 -

Amendment 961
José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz
S&D
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


Amendment 962 /

Amendment 962
David Borrelli, Dario Tamburrano
EFD
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.


Amendment 967 ++

Amendment 967
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
Article 71 – paragraph 2 – point f

(f) where appropriate, any relevant intellectual property rights;

deleted


Suppression - The role of NRAs is not to secure the investments of operators but to ensure a harmonious development in the territories and give to all equal access to the market and services.


Amendment 968 ++

Amendment 968
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
Article 71 – paragraph 2 – point g

(g) the provision of pan-European services.

deleted


Suppression - The role of NRAs is not to secure the investments of operators but to ensure a harmonious development in the territories and give to all equal access to the market and services.


Amendment 969 ++

Amendment 969
Michel Reimon
Verts/ALE
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;


Suppression - The role of NRAs is not to secure the investments of operators but to ensure a harmonious development in the territories and give to all equal access to the market and services.


Amendment 970 ++

Amendment 970
Michel Reimon
Verts/ALE
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;


Suppression - The role of NRAs is not to secure the investments of operators but to ensure a harmonious development in the territories and give to all equal access to the market and services.


Amendment 971 --

Amendment 971
Anna Záborská, Ivan Štefanec
EPP
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.


Amendment 972 -

Amendment 972
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
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.


Amendment 973 --

Amendment 973
Anna Záborská, Ivan Štefanec
EPP
Article 72 – paragraph 1 – subparagraph 1

A national regulatory authority may, in accordance with the provisions of Article 66, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned may sustain prices at an excessively high level, or may apply a price squeeze, to the detriment of end-users.

A national regulatory authority may, in accordance with the provisions of Article 66, impose obligations relating to cost recovery and price controls, including obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates a lack of effective competition. A national regulatory authority may only impose price controls that ensure fair and reasonable prices and do not negatively impact investments. When applied, a price control shall meet the following cumulative conditions:'''''(a) the price control ensures recovery of all investments connected to the deployment of new networks and fully incorporates the risks associated with these investments;'''''(b) the price control does not lead to a situation where the investing operator is put at a disadvantage compared to non-investing operators or lead to a situation under which an investment would not have been made in the first place;'''''(c) the price control avoids undue profit margins for access seekers to the detriment of the investing operator and appropriately reflects differences in the risks taken by different access seekers.


Amendment 974 --

Amendment 974
Patrizia Toia
S&D
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: Principles of cost orientation and economic replicability should allow NRA to guarantee low prices for consumers

Amendment 977 /

Amendment 977
Kaja Kallas
ALDE
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


Amendment 978 -

Amendment 978
Anna Záborská, Ivan Štefanec
EPP
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.


Amendment 979 ++

Amendment 979
Kaja Kallas
ALDE
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


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. Moreover, co-investment in a certain area must be considered as an oligopoly of a few powerful actors that work as a cartel. This is thus not acceptable to reduce the obligations. Furthermore, the access to co-investment agreement shall be affordable for small operators.


Amendment 982 -

Amendment 982
Anna Záborská, Ivan Štefanec
EPP
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.


Amendment 983 --

Amendment 983
Anna Záborská, Ivan Štefanec
EPP
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


Amendment 984 --

Amendment 984
Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia
S&D
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.

Amendment 985 -

Amendment 985
Anna Záborská, Ivan Štefanec
EPP
Article 73

[...]

deleted


Cela ne parait pas approprié de supprimer l'art. 73


Amendment 986 /

Amendment 986
Edouard Martin
S&D
Article 73 – paragraph 1 – subparagraph 1

Where a national regulatory authority imposes obligations relating to cost recovery and price controls on operators designated as having significant market power on a market for wholesale voice call termination, it shall set maximum symmetric termination rates based on the costs incurred by an efficient operator. The evaluation of efficient costs shall be based on current cost values. The cost methodology to calculate efficient costs shall be based on a bottom-up modelling approach using long-run incremental traffic-related costs of providing the wholesale voice call termination service to third parties.

Where a national regulatory authority imposes obligations relating to cost recovery and price controls on a market for wholesale voice call termination, it shall set maximum symmetric termination rates based on the costs incurred by an efficient operator. The evaluation of efficient costs shall be based on current cost values. The cost methodology to calculate efficient costs shall be based on a bottom-up modelling approach using long-run incremental traffic-related costs of providing the wholesale voice call termination service to third parties.


/!\ Me parait ok, mais à vérifier


Amendment 987 -

Amendment 987
Evžen Tošenovský
ECR
Article 73 – paragraph 2

2. By [date] the Commission shall, after having consulted BEREC, adopt delegated acts in accordance with Article 109 concerning a single maximum termination rate to be imposed by national regulatory authorities on undertakings designated as having significant market power in fixed and mobile voice termination markets respectively in the Union.

deleted


Amendment 989 -

Amendment 989
Evžen Tošenovský
ECR
Article 73 – paragraph 3

3. When adopting these delegated acts, the Commission shall follow the principles laid down in the first subparagraph of paragraph 1 and shall comply with the criteria and parameters provided in Annex III.

deleted


Amendment 991 -

Amendment 991
Evžen Tošenovský
ECR
Article 73 – paragraph 4

4. In applying paragraph 2, the Commission shall ensure that the single voice call termination rate in mobile networks shall not exceed 1.23 €cent per minute and the single voice call termination rate in fixed networks shall not exceed 0.14 €cent per minute. The Commission shall take into account the weighted average of maximum termination rates in fixed and mobile networks established in accordance with the principles provided in the first subparagraph of paragraph 1 applied across the Union when setting the single maximum termination rate for the first time.

deleted


Amendment 993 /

Amendment 993
Dan Nica, Peter Kouroumbashev, Miapetra Kumpula-Natri
S&D
Article 73 – paragraph 4

4. In applying paragraph 2, the Commission shall ensure that the single voice call termination rate in mobile networks shall not exceed 1.23 €cent per minute and the single voice call termination rate in fixed networks shall not exceed 0.14 €cent per minute. The Commission shall take into account the weighted average of maximum termination rates in fixed and mobile networks established in accordance with the principles provided in the first subparagraph of paragraph 1 applied across the Union when setting the single maximum termination rate for the first time.

4. The Commission shall ensure that the single voice call termination rate in mobile networks shall not exceed 1 €cent per minute and the single voice call termination rate in fixed networks shall not exceed 0.12 €cent per minute.

Amendment 994 /

Amendment 994
Krišjānis Kariņš
EPP
Article 73 – paragraph 4

4. In applying paragraph 2, the Commission shall ensure that the single voice call termination rate in mobile networks shall not exceed 1.23 €cent per minute and the single voice call termination rate in fixed networks shall not exceed 0.14 €cent per minute. The Commission shall take into account the weighted average of maximum termination rates in fixed and mobile networks established in accordance with the principles provided in the first subparagraph of paragraph 1 applied across the Union when setting the single maximum termination rate for the first time.

4. In applying paragraph 2, the Commission shall ensure that the single voice call termination rate in mobile networks shall not exceed 0.94 €cent per minute and the single voice call termination rate in fixed networks shall not exceed 0.14 €cent per minute. The Commission shall take into account the weighted average of maximum termination rates in fixed and mobile networks established in accordance with the principles provided in the first subparagraph of paragraph 1 applied across the Union when setting the single maximum termination rate for the first time.

Amendment 995 /

Amendment 995
Dan Nica, Peter Kouroumbashev, Miapetra Kumpula-Natri
S&D
Article 73 – paragraph 5

5. When adopting delegated acts pursuant to paragraph 2, the Commission shall take into account the total number of end-users in each Member State, in order to ensure a proper weighting of the maximum termination rates, as well as national circumstances which result in significant differences between Member States when determining the maximum termination rates in the Union

deleted


Amendment 997 -

Amendment 997
Evžen Tošenovský
ECR
Article 73 – paragraph 6

6. The Commission may request BEREC to develop an economic model in order to assist the Commission in determining the maximum termination rates in the Union. The Commission shall take into account market information provided by BEREC, national regulatory authorities or, directly, by undertakings providing electronic communications networks and services.

deleted


Amendment 998 --

Amendment 998
Dan Nica, Peter Kouroumbashev, Miapetra Kumpula-Natri
S&D
Article 73 – paragraph 7

7. The Commission shall review the delegated acts adopted pursuant this Article every five years.

deleted


Amendment 1000 +

Amendment 1000
David Borrelli, Dario Tamburrano
EFD
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: 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.

Amendment 1002 /

Amendment 1002
Kaja Kallas
ALDE
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


Amendment 1005 -

Amendment 1005
Edouard Martin
S&D
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:


Amendment 1006 /

Amendment 1006
José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz
S&D
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:


Cet amendement me parait être le moins mauvais :-/

Amendment 1007 -

Amendment 1007
Kaja Kallas
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


Amendment 1008 /

Amendment 1008
Evžen Tošenovský
ECR
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:


Cet AM me parait être le deuxième moins mauvais

Amendment 1010 -

Amendment 1010
Eva Kaili
S&D
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;


Amendment 1011 /

Amendment 1011
José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz
S&D
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; or'''''ii) 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

Quota : La mention de « fair, reasonable and non-discriminatory terms offered to potential access seekers » me semble assez positive là comme ça.

Amendment 1012 --

Amendment 1012
Anna Záborská, Ivan Štefanec
EPP
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


Amendment 1015 /

Amendment 1015
Kaja Kallas
ALDE
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


Amendment 1017 /

Amendment 1017
Edouard Martin
S&D
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;


Amendment 1018 -

Amendment 1018
Anne Sander, Françoise Grossetête
EPP
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;