Paquet Telecom 2017/amendements ITRE

From La Quadrature du Net
< Paquet Telecom 2017
Revision as of 17:37, 19 April 2017 by Adc (talk | contribs) (Amendment 934 --)
Jump to navigationJump to search
Cette page représente un travail en cours, son contenu peut être modifié.

Amendment 298 ++

Amendment 298
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;


Amendment 299 --

Amendment 299
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.

Comment: Pov ETNO, dérégulation + -- fibre


Amendment 300 --

Amendment 300
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.

Comment: Pas de QoS, juste paramètres


Amendment 301 +

Amendment 301
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.

Comment: QoS


Amendment 302 +

Amendment 302
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.

Comment: Full fibre pour les High Capacity Networks


Amendment 304 --

Amendment 304
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.

Comment: no QoS


Amendment 305 /

Amendment 305
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.

Comment: Pas sur à relire


Amendment 306 /

Amendment 306
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.

Comment: Pas sur à relire


Amendment 307 -

Amendment 307
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.

Comment: dérégulation et pas clair


Amendment 308 +

Amendment 308
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.

Comment: QoS


Amendment 310 /

Amendment 310
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.

Comment: Pas sur, pas de focalisation fibre et définition de service ?


Amendment 311 +

Amendment 311
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.

Comment: QoS


Amendment 312 +

Amendment 312
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.

Comment: QoS + FTTH


Amendment 313 +

Amendment 313
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.

Comment: QoS


Amendment 315 /

Amendment 315
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;

Comment: Pas sur, à relire


Amendment 316 ++

Amendment 316
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;

Comment: Intégration des non-profit


Amendment 317 -

Amendment 317
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;

Comment: Communications éléctroniques seulement pour accesssible publique ?


Amendment 318 -

Amendment 318
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);

Comment: Possibilité d'obligation pour les services avec chat


Amendment 319 +

Amendment 319
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;

Comment: À confirmer


Amendment 320 -

Amendment 320
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;

Comment: Services de communication unique sous réserve de rémunération ?

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

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 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'.


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 publication des spécifications de ces réseaux programmés pour un usage, 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