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Texts adopted
Thursday, 1 March 2001 - Brussels Final edition
Common regulatory framework for electronic communications networks ***I
A5-0053/2001
Text
 Resolution

Proposal for a European Parliament and Council directive on a common regulatory framework for electronic communications networks and services (COM(2000) 393 - C5-0428/2000 - 2000/0184(COD) )

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament
(Amendment 1)
Recital 7
   (7) The convergence of the telecommunications, media and information technology sectors means all transmission networks and services should be covered by a single regulatory framework. That regulatory framework consists of this Directive, four specific Directives: Directive [.../.../EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services[, Directive [.../.../EC of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and associated facilities[ Directive [.../.../EC of the European Parliament and of the Council on universal service and users" rights relating to electronic communications networks and services[, Directive [.../.../EC of the European Parliament and of the Council on the processing of personal data and the protection of privacy in the electronic communications sector[ and Regulation [(EC) No .../... of the European Parliament and of the Council on unbundled access to the local loop[ (hereinafter referred to as "the Specific Measures') . It is necessary to separate the regulation of transmission from the regulation of content. This framework does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services. The content of television programmes is covered by Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council. The separation between the regulation of transmission and the regulation of content does not prejudice the taking into account of the links existing between them.
   (7) The convergence of the telecommunications, media and information technology sectors means all transmission networks and services should be covered by a single regulatory framework. That regulatory framework consists of this Directive, four specific Directives: Directive [.../.../EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services[, Directive [.../.../EC of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and associated facilities[ Directive [.../.../EC of the European Parliament and of the Council on universal service and users" rights relating to electronic communications networks and services[, Directive [.../.../EC of the European Parliament and of the Council on the processing of personal data and the protection of privacy in the electronic communications sector[ (hereinafter referred to as "the specific Directives'* ). It is necessary to separate the regulation of transmission from the regulation of content. This framework does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as audiovisual content, financial services and certain information society services. The framework does not affect measures taken at Community or national level, in accordance with Community law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council. The separation between the regulation of transmission and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee pluralism, cultural diversity and consumer protection in the transmission of audiovisual content, irrespective of transmission mode, as well as diversity of audiovisual content transmitted over any electronic communications infrastructures and associated facilities .
* (reference to "Specific Measures” to be replaced by "Specific Directives” throughout the text)
(Amendment 2)
Recital 12
   (12) Any party who is the subject of decision by a national regulatory authority should have the right to appeal to an independent body established by Member States. The appellate body should be able to consider the facts of the case and, pending the outcome of the appeal, the decision of the national regulatory authority should stand. This appeal procedure is without prejudice to the rights of legal entities or natural persons under national law.
   (12) Any party who is the subject of decisions by a national regulatory authority should have the right to appeal to an independent body established by Member States. The appeal body should be able to consider the facts and the merits of the case and, pending the outcome of the appeal, the decision of the national regulatory authority should stand, except in the case of urgent and imperative reasons linked to a potential conflict with the regulatory framework . This appeal procedure is without prejudice to the rights of legal entities or natural persons under national law.
(Amendment 3)
Recital 13
   (13) National regulatory authorities need to gather information from market players in order to carry out their tasks effectively. Such information may also need to be gathered on behalf of the Commission, to allow it to fulfil its obligations under Community law. Requests for information should be proportionate and not impose an undue burden on undertakings. Information gathered by national regulatory authorities should be publicly available, except in so far as it is confidential. National regulatory authorities should have the same rights and duties of confidentiality in respect of exchange of information as a "competent authority" for the purposes of Council Regulation No 17 of 6 February 1962: First Regulation implementing Articles 85 and 86 of the Treaty, as last amended by Regulation (EC) No 1216/1999.
   (13) National regulatory authorities need to gather information from market players in order to carry out their tasks effectively. Such information may also need to be gathered on behalf of the Commission, to allow it to fulfil its obligations under Community law. Requests for information should be proportionate and not impose an undue burden on undertakings. Information gathered by national regulatory authorities should be publicly available, except in so far as it is confidential, in particular to protect commercial confidentiality . National regulatory authorities should have the same rights and duties of confidentiality in respect of exchange of information as a "competent authority" for the purposes of Council Regulation No 17 of 6 February 1962: First Regulation implementing Articles 85 and 86 of the Treaty, as last amended by Regulation (EC) No 1216/1999.
(Amendments 4 and 5)
Recital 15
   (15) National regulatory authorities should have a harmonised set of objectives and principles to underpin their actions. These should be the only objectives and principles governing the actions of the national regulatory authorities in carrying out their tasks under this regulatory framework.
   (15) National regulatory authorities should have a harmonised set of objectives and principles and, where necessary, coordinate their actions with the regulatory authorities of other Member States . These should be the only objectives and principles governing the actions of the national regulatory authorities in carrying out their tasks under this regulatory framework, including spectrum allocation .
(Amendment 6)
Recital 16
   (16) Radio spectrum is an essential input for radio-based electronic communications services and, insofar as it relates to such services, should therefore be allocated and assigned by national regulatory authorities according to transparent, non-discriminatory and objective criteria. It is important that the allocation and assignment of radio spectrum is managed as efficiently as possible, in a manner consistent with the need to balance the requirements of commercial and non-commercial use of radio spectrum. Secondary trading of radio spectrum can be an effective means of increasing efficient use of spectrum, as long as there are sufficient safeguards in place to protect the public interest, in particular the need to ensure transparency and regulatory supervision of such transactions. Decision […[ of the European Parliament and of the Council on a regulatory framework for radio spectrum policy in the Community establishes a framework for harmonisation of radio spectrum, and action taken under this Directive should seek to facilitate the work under that Decision.
   (16) Radio spectrum is an essential input for radio-based electronic communications services and, insofar as it relates to such services, should therefore be allocated and assigned by national regulatory authorities according to a harmonised set of objectives and principles governing their action as well as to transparent, non-discriminatory and objective criteria. It is important that the allocation and assignment of radio spectrum is managed as efficiently as possible, in a manner consistent with the need to balance the requirements of commercial and non-commercial use of radio spectrum. Secondary trading of radio spectrum can be an effective means of increasing efficient use of spectrum, as long as there are sufficient safeguards in place to protect the public interest, in particular the need to ensure transparency and regulatory supervision of such transactions. The public interest, account of which must be taken by the Member States with regard to the use of radio spectrum, includes protection of freedom of opinion and ensuring freedom of information, pluralism, cultural diversity, social cohesion and consumer protection. Decision […[ of the European Parliament and of the Council on a regulatory framework for radio spectrum policy in the Community establishes a framework for harmonisation of radio spectrum, and action taken under this Directive should seek to facilitate the work under that Decision.
(Amendment 7)
Recital 18
   (18) Timely, non-discriminatory procedures should be in place for the granting of rights of way, to guarantee the conditions for fair and effective competition. This Directive is without prejudice to national laws governing expropriation of property.
   (18) Timely, non-discriminatory procedures should be in place for the granting of rights of way, to guarantee the conditions for fair and effective competition. The conditions attached to the exercise of these rights should be non-discriminatory, objectively justified and appropriate. This Directive is without prejudice to national laws governing expropriation of property.
(Amendment 8)
Recital 20
   (20) There is a need for ex-ante obligations in certain circumstances in order to ensure the development of competitive market. The definition of significant market power in the Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP) as amended by Directive 98/61/EC has proved effective in the initial stages of market opening as the threshold for ex-ante obligations, but now needs to be adapted to suit more complex and dynamic markets, and for this reason is being modified to be based on the concept of dominance as defined in the case law of the Court of Justice and the Court of the First Instance of the European Communities. Except in other cases mandated by international obligations of the European Community and its Member States, ex-ante regulatory obligations designed to ensure effective competition are justified only for undertakings which have financed infrastructure on the basis of special or exclusive rights in areas where there are legal, technical or economic barriers to market entry, in particular for the construction of network infrastructure, or which are vertically integrated entities owning or operating network infrastructure for delivery of services to customers and also providing services over that infrastructure, to which their competitors necessarily require access.
   (20) There is a need for ex-ante obligations in certain circumstances in order to ensure the development of competitive market. The definition of significant market power in the Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP) as amended by Directive 98/61/EC has proved effective in the initial stages of market opening as the threshold for ex-ante obligations, but now needs to be adapted to suit more complex and dynamic markets, and for this reason is being modified to be based on the concept of dominance as defined in the case law of the Court of Justice and the Court of the First Instance of the European Communities, though national regulatory authorities should remain free to develop their own analyses and body of precedent. Except in other cases mandated by international obligations of the European Community and its Member States, ex-ante regulatory obligations designed to ensure effective competition are justified only for undertakings which have financed infrastructure on the basis of special or exclusive rights in areas where there are legal, technical or economic barriers to market entry, in particular for the construction of network infrastructure, or which are vertically integrated entities owning or operating network infrastructure for delivery of services to customers and also providing services over that infrastructure, to which their competitors necessarily require access.
(Amendment 9)
Recital 20a (new)
(20a) For the purpose of applying Article 13(2), the assessment by national regulatory authorities should be based on the decision-making practices of the Commission and the judgments of the Court of Justice as they evolve in connection with Article 82 of the Treaty.
(Amendment 10)
Recital 21
   (21) It is essential that such regulatory obligations should only be imposed where there is not effective competition and where national and Community competition law remedies are not sufficient to address the problem. It is necessary therefore for the Commission to draw up guidelines at Community level for national regulatory authorities to follow in assessing whether competition is effective in a given market and in assessing significant market power. Those guidelines will also address the issue of newly emerging markets, where de facto the market leader is likely to have a substantial market share but should not be subjected to inappropriate obligations. National regulatory authorities will need to cooperate with each other where the relevant market is found to be trans-national.
   (21) It is essential that such regulatory obligations should only be imposed where there is not effective competition and where national and Community competition law remedies are not sufficient to address the problem. It is necessary therefore for the Commission to draw up guidelines at Community level for national regulatory authorities to follow in assessing whether competition is effective in a given market and in assessing significant market power. Those guidelines will also address the issue of newly emerging markets, where de facto the market leader is likely to have a substantial market share but should not be subjected to inappropriate obligations. At regular and appropriate intervals, but at least once a year, the Commission should review the effectiveness of the guidelines and, if necessary, bring them into line with market conditions. National regulatory authorities will need to cooperate with each other where the relevant market is found to be transnational.
(Amendment 11)
Recital 23
   (23) Standardisation should remain primarily a market-driven process. However, there may still be situations where it is appropriate to require compliance with specified standards at Community level to ensure interoperability in the single market. At national level, Member States are subject to the provisions of Directive 98/34/EC. Directive 95/47/EC of the European Parliament and of the Council of 24 October 1995 on the use of standards for the transmission of television signals did not mandate any specific digital television transmission system or service requirement. Through the Digital Video Broadcasting Group, European market actors have developed a family of television transmission systems that have been standardised by the European Telecommunications Standards Institute (ETSI) and have become International Telecommunications Union Recommendations.
   (23) Standardisation as a means of creating a competitive market should, where appropriate, remain primarily a market-driven process. However, there may still be situations where it is necessary to require suppliers to comply with specified standards in the Community to ensure access to and interoperability of transmission modes and services in the single market. At national level, Member States are subject to the provisions of Directive 98/34/EC. Directive 95/47/EC of the European Parliament and of the Council of 24 October 1995 on the use of standards for the transmission of television signals did not mandate any specific digital television transmission system or service requirement. Through the Digital Video Broadcasting Group, European market actors have developed a family of television transmission systems that have been standardised by the European Telecommunications Standards Institute (ETSI) and have become International Telecommunications Union Recommendations. The Commission should have the power to mandate an open, commonly agreed standard for digital television services.
(Amendment 13)
Article 1(1)
   1. This Directive establishes a harmonised framework for the regulation of electronic communications services, electronic communications networks and associated facilities. It lays down the duties of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory framework throughout the Community.
   1. This Directive establishes a harmonised framework for the regulation of electronic communications services, electronic communications networks and associated facilities and services with the aim of achieving effective competition on the market in the interest of end-users and to ensure universal service for all citizens. Associated facilities include those features of the terminal equipment which are an integral part of the network, the specifications of which are determined or influenced by the electronic communications networks. The Directive lays down the competences and duties of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory framework throughout the Community.
(Amendment 15)
Article 1(1a) (new)
1a. This Directive as well as the Specific Directives are without prejudice to measures regarding audiovisual policy and content regulation taken at Community or national level, in accordance with Community law, including measures designed to promote the general interest and cultural and linguistic diversity and to ensure the defence of media pluralism .
(Amendment 16)
Article 1(3)
   3. This Directive is without prejudice to the provisions of Directive 1999/5/EC.
Deleted
(Amendment 17)
Article 2(a)
   (a) "electronic communications network" means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, networks used for radio and television broadcasting, and cable TV networks, irrespective of the type of information conveyed;
   (a) "electronic communications network" means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, networks used for radio and television broadcasting, and cable TV networks, irrespective of the type of information conveyed, and electricity cables or wires, to the extent that they are used for the purpose of conveying commercial information ;
(Amendment 18)
Article 2(b)
   (b) "electronic communications service" means services provided for remuneration which consist wholly or mainly in the transmission and routing of signals on electronic communications networks, including telecommunications services and transmission services in networks used for broadcasting, but excluding services providing, or exercising editorial control over, content transmitted using electronic communications networks and services ;
   (b) "electronic communications service" means services provided on a commercial basis which consist wholly or mainly in the transmission and routing of signals on electronic communications networks, including telecommunications services and transmission services in networks used for broadcasting, as well as the information content, Internet and e-commerce services transmitted on those networks (directories, databases, etc.) ;
(Amendment 19)
Article 2(d)
   (d) "associated facilities" means those facilities associated with an electronic communications network and/or an electronic communications service, to which access is necessary for the competitive provision of electronic communications services on equal terms ;
   (d) "associated facilities" means those facilities associated with an electronic communications network and/or an electronic communications service, to which access is necessary for the competitive provision on equal terms of electronic communications services or of broadcasting or other content services;
(Amendment 20)
Article 2(h)
   (h) "universal service" means a set of services, defined in Directive [on universal service and users" rights relating to electronic communications networks and services[, of specified quality which is available to all users regardless of their geographical location and, in the light of specific national conditions, at an affordable price;
   (h) "universal service" means the set of services, including where appropriate the means to access them, as defined in Directive [on universal service and users" rights relating to electronic communications networks and services[, of specified quality which is available to all users regardless of their geographical location and, in the light of specific national conditions, at an affordable price;
(Amendment 21)
Article 2(la) (new)
   (la) "transnational markets" means markets identified in accordance with Article 14 on which effective competition can be safeguarded only through uniform regulation in the Member States concerned.
(Amendment 22)
Article 3(2)
   2. Member States shall guarantee the independence of national regulatory authorities by ensuring that national regulatory authorities are legally distinct from and functionally independent of all organisations providing electronic communications networks, equipment or services. Member States that retain ownership or control of undertakings providing electronic communications networks and/or services shall ensure full and effective structural separation of the regulatory function from activities associated with ownership and control.
   2. Member States shall guarantee the political and economic independence of national regulatory authorities by ensuring that national regulatory authorities are legally distinct from and functionally independent of all organisations providing electronic communications networks, equipment or services. Member States that retain ownership or control of undertakings providing electronic communications networks and/or services shall ensure full and effective structural separation of the regulatory function from activities associated with ownership and control. They shall also ensure that any body carrying out regulatory functions is able to act freely, without the further authorisation of any other agency or body, subject only to the right of appeal pursuant to Article 4.
(Amendment 23)
Article 3(3)
   3. Member States shall ensure that national regulatory authorities exercise their powers impartially and transparently.
   3. Member States shall ensure that national regulatory authorities exercise their powers impartially and transparently and have the means to carry out their tasks efficiently for as long as sector-specific regulation is necessary. Member States shall promote the integration of those authorities into the national competition authority and national regulators for the audiovisual sector, on matters of common interest.
(Amendment 24)
Article 3(3a) (new)
3a. The national regulatory authorities shall be required to justify their decisions against pre-defined guidelines published by the Commission in order to achieve common, objective criteria which minimise the need for non-objective assessments by regulators. The Commission may challenge and possibly revoke the decisions taken by the national regulatory authorities if they are not justified according to the regulatory framework.
(Amendment 25)
Article 3(4)
   4. Member States shall publish the tasks to be undertaken by national regulatory authorities in an easily accessible form, in particular where those tasks are assigned to more than one body. Member States shall in addition publish the procedures for consultation and cooperation between those authorities, and between those authorities and national authorities entrusted with the implementation of competition law and national authorities entrusted with the implementation of consumer law, on matters of common interest. Member States shall ensure that there is no overlap between the tasks of those authorities.
   4. The Commission and the Member States shall publish the tasks to be undertaken by national regulatory authorities in an easily accessible form for undertakings and consumers , in particular where those tasks are assigned to more than one body. The Commission and the Member States shall in addition publish the procedures for consultation and cooperation between those authorities, and between those authorities and national authorities entrusted with the implementation of competition law and national authorities entrusted with the implementation of consumer law, on matters of common interest. Member States shall ensure that there is no overlap between the tasks of those authorities. Member States shall set up a one-stop shop for the public.
(Amendment 26)
Article 3(6)
   6. Member States shall notify to the Commission all national regulatory authorities assigned tasks under this Directive and the Specific Measures , and their respective responsibilities.
   6. Member States shall notify to the Commission all national regulatory authorities assigned tasks under this Directive and the Specific Directives , and their respective responsibilities. They shall also give notification of the fact that the one-stop shop for the public has been established and put into operation.
(Amendment 27)
Article 4(1)
   1. Member States shall ensure that a mechanism exists at national level under which a user or undertaking providing electronic communications networks and/or services has the right of appeal against a decision of a national regulatory authority to a body that is independent of government and the national regulatory authority concerned. The appeal body shall be able to consider not only the procedure according to which the decision was reached, but also the facts of the case. Pending the outcome of any such appeal, the decision of the national regulatory authority shall stand.
   1. Member States shall ensure that effective mechanisms exist at national level under which any user or undertaking providing electronic communications networks and/or services and having an interest to do so has the right of appeal against a decision of a national regulatory authority to a body that is independent of government and the national regulatory authority concerned. The appeal body shall be able to consider not only the procedure according to which the decision was reached, but also the facts and the merits of the case. Appeals shall be submitted within one month of publication of the decision, and a final judgment shall be delivered within three months of such submission. Pending the outcome of any such appeal, the decision of the national regulatory authority shall stand, unless the appeal body decides to suspend it for urgent and imperative reasons linked to a potential conflict with the regulatory framework.
(Amendment 28)
Article 4(3)
   3. Where the appeal body is not judicial in character, written reasons for its decision shall always be given. Furthermore, in such a case, its decision shall be subject to review by a court or tribunal.
   3. Where the appeal body is not judicial in character, written reasons for its decision shall always be given. Furthermore, such a decision may be challenged before a court or tribunal within the meaning of Article 234 of the Treaty .
(Amendment 29)
Article 4(4)
   4. The members of the appeal body shall be appointed and leave office under the same conditions as members of the judiciary as regards the authority responsible for their appointment, their period of office, and their removal. At least the presiding member of the appeal body shall have the same legal and professional qualifications as members of the judiciary. The appeal body shall take its decisions following a procedure in which both sides are heard, and its decisions shall, by means determined by each Member State, be legally binding.
   4. The members of the appeal body shall be appointed and leave office under the same conditions as members of the judiciary as regards the authority responsible for their appointment, their period of office, and their removal. Member States shall ensure that the appeal body has the appropriate expertise, including in economic matters, to enable it to carry out its functions. At least the presiding member of the appeal body shall have the same legal and professional qualifications as members of the judiciary. The appeal body shall take its decisions following a procedure in which both sides are heard, and its decisions shall, by means determined by each Member State, be legally binding.
(Amendment 30)
Article 5(1)
   1. Member States shall ensure that undertakings providing electronic communications networks and services provide all the information necessary for national regulatory authorities to ensure compliance with Community law. The information requested by the national regulatory authority shall be proportionate to the performance of that task . The national regulatory authority shall give the reasons justifying its request for information.
   1. Member States shall ensure that national regulatory authorities are empowered to require undertakings providing electronic communications networks and services to provide all the information necessary for national regulatory authorities to ensure compliance with Community law. The information requested by the national regulatory authority may be used only in this context and only to carry out these tasks . The national regulatory authority shall give the reasons justifying its request for information. National regulatory authorities shall also be empowered by Member States to impose penalties for non-provision, or inadequate provision, of information, and to conduct all necessary inspections of undertakings. Where necessary, national regulatory authorities may authorise their officials to enter and search the undertaking's premises.
(Amendment 31)
Article 5(2)
   2. Member States shall ensure that national regulatory authorities provide the Commission on request with the information necessary for it to carry out its tasks under the Treaty. The information requested by the Commission shall be proportionate to the performance of those tasks. Where appropriate , the Commission shall make information submitted to one national regulatory authority available to another such authority in the same or another Member State . Where information has been submitted in confidence, the Commission and the national regulatory authorities concerned shall maintain the confidentiality of the information provided.
   2. Member States shall ensure that national regulatory authorities provide the Commission on request with the information necessary for it to carry out its tasks under the Treaty. Where information provided refers to information previously provided by undertakings on request, they shall be so notified. The information requested by the Commission may be used only in this context and only to carry out these tasks. To the extent necessary , the Commission shall make information submitted by one national regulatory authority available to regulatory authorities of other Member States unless the regulatory authority has expressly ruled this out and given reasons for doing so. Likewise, the national regulatory authorities shall work closely with the competition authorities, and shall at the same time be able to exchange information in confidence. Such information shall be transferred directly, so as to avoid excessively lengthy procedures wherever possible. Where information has been submitted in confidence, the Commission and the national regulatory authorities concerned shall maintain the confidentiality of the information provided. Should the information contain confidential information on undertakings, the undertakings concerned shall be informed about the submission of information in each case.
(Amendment 32)
Article 5(4)
   4. National regulatory authorities shall publish the terms governing public access to information as referred to in paragraph 3, including detailed guidelines and procedures for obtaining such access. Any decision to refuse access to information shall give reasons and shall be made public.
   4. National regulatory authorities shall publish the terms governing public access to information as referred to in paragraph 3, including detailed guidelines and procedures for obtaining such access. Any decision to refuse access to information shall be duly motivated and made public.
(Amendment 33)
Article 6(1) to (4)
   1. Member States shall ensure that where national regulatory authorities intend to take measures in accordance with this Directive or the Specific Measures , they give interested parties the chance to comment within a reasonable period. National regulatory authorities shall publish their national consultation procedures.
   1. Except as provided for in paragraph 5, Member States shall ensure that where national regulatory authorities intend to take measures in accordance with this Directive or the Specific Directives , they give all interested parties the chance to comment within a reasonable period, proportionate to the extent of the measures envisaged . To this end, the Commission shall establish a harmonised procedure to enable national regulatory authorities to establish standard consultation criteria. National regulatory authorities shall publish their national consultation procedures. The results of the consultation shall be made publicly available by the national regulatory authorities, without prejudice to any confidential information.
   2. Where a national regulatory authority intends to take measures under Article 8 or Article 14(4) and (5) of this Directive or Article 8(2) of Directive 2000/.../EC [on access to and interconnection of electronic communications networks and associated facilities[, it shall communicate the draft measure to the Commission and the national regulatory authorities in other Member States, together with the reasoning on which the measure is based. National regulatory authorities may make comments to the national regulatory authority concerned within the period for consultation determined in accordance with paragraph 1.
   2. Where a national regulatory authority intends to take measures under Article 8(3), (4) and (5) or Article 14(4) and (5) of this Directive or Article 8(2) of Directive 2000/.../EC [on access to and interconnection of electronic communications networks and associated facilities[, it shall communicate the draft decision to the Commission, together with the reasoning on which it is based. Should the national regulatory authority receive no response from the Commission within one month of the date of such communication, the national regulatory authority may adopt the draft decision.
   3. The national regulatory authority concerned shall take the utmost account of comments of other national regulatory authorities, and shall communicate the resulting draft measure to the Commission without delay.
Deleted
   4. The measure shall take effect one month after the date of communication to the Commission unless the Commission notifies the national regulatory authority concerned that it has serious doubts as to the compatibility of the measure with Community law and in particular the provisions of Article 7. In such cases , the measure shall not take effect for a further two months. Within that period the Commission shall take a final decision, and if necessary, require the national regulatory authority concerned to amend or withdraw the draft measure. If the Commission does not take a decision within that period, the draft measure may be adopted by the national regulatory authority.
   4. If the Commission notifies the national regulatory authority concerned that it has serious doubts as to the compatibility of the draft decision with Community law and in particular the provisions of Article 7, the draft decision shall not take effect for a further two months. Within that period the Commission shall take a final decision, and if necessary, require the national regulatory authority concerned to amend or withdraw the draft decision . If the Commission does not take a decision within that period, the national regulatory authority may adopt the draft decision .
(Amendment 34)
Article 7(1), first subparagraph
   1. Member States shall ensure that in carrying out the regulatory tasks specified in this Directive and the Specific Measures , the national regulatory authorities take all reasonable measures which are aimed exclusively at achieving the objectives set out in paragraphs 2, 3 and 4. Those measures shall be proportionate to those objectives.
   1. Member States shall ensure that in carrying out the regulatory tasks specified in this Directive and the Specific Directives , the national regulatory authorities take all reasonable measures which are aimed exclusively at achieving the objectives set out in paragraphs 2, 3 and 4, and abstain from any measure which would contradict, restrict or distort these objectives . The measures taken shall be proportionate to the objectives.
(Amendment 35)
Article 7(1), second subparagraph
Member States shall ensure that in carrying out the regulatory tasks specified in this Directive and the Specific Measures , in particular those designed to ensure fair competition, national regulatory authorities take the utmost account of the need for regulation to be technologically neutral; i.e. that it neither imposes nor discriminates in favour of the use of a particular type of technology.
Member States shall ensure that in carrying out the regulatory tasks specified in this Directive and the Specific Directives , in particular those designed to ensure fair competition, national regulatory authorities take the utmost account of the need for regulation to foster the interoperability of equipments and services and, with due regard to proportionate public interest objectives and effective use of scarce resources, do not otherwise impose or discriminate in favour of the use of a particular type of technology beyond what is needed to ensure this interoperability.
(Amendment 36)
Article 7(2)(a) to (d)
   (a) ensuring that users derive maximum benefit in terms of choice, price, quality and value for money;
   (a) ensuring that all users, including disabled users, derive maximum benefit in terms of choice, price and value for money;
   (aa) ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services;
   (ab) removing remaining obstacles to the provision of electronic communications networks, associated facilities and electronic communications services;
   (b) ensuring that there is no distortion or restriction of competition in the electronic communications sector;
   (b) ensuring that there is no distortion or restriction of competition in the electronic communications sector;
   (c) encouraging efficient investment in infrastructure; and
   (c) encouraging the establishment and development of trans-European networks and the interoperability of pan-European services ;
   (d) ensuring the efficient allocation and assignment of radio spectrum.
   (d) ensuring the efficient allocation and assignment of radio spectrum;
   (da) facilitating market access for new, innovative services.
(Amendment 37)
Article 7(3)(c)
   (c) ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services.
   (c) ensuring that the treatment of undertakings providing electronic communications networks and services in different Member States is as similar as circumstances permit.
(Amendment 38)
Article 7(3)(ca) (new)
   (ca) ensuring harmonisation of regulation and conditions of undertakings at European level.
(Amendment 39)
Article 7(4)(a)
   (a) ensuring that all citizens have affordable access to a universal service specified in Directive 2000/.../EC [on universal service and users rights relating to electronic communications networks and services[;
   (a) ensuring that all citizens have affordable access to a universal service as specified in Directive 2000/.../EC [on universal service and users rights relating to electronic communications networks and services[; since universal service is a dynamic concept, its scope must be reviewed on a regular basis;
(Amendment 40)
Article 7(4)(b)
   (b) ensuring a high level of protection for consumers in their dealings with suppliers, in particular by ensuring the availability of simple and inexpensive dispute resolution procedures;
   (b) ensuring a high level of protection for consumers in their dealings with suppliers, in particular by ensuring the availability of objective, simple and inexpensive dispute resolution procedures;
(Amendment 41)
Article 7(4)(c)
   (c) ensuring a high level of protection of personal data and privacy;
   (c) ensuring a high level of protection of personal data and privacy which takes account of relevant technical changes ;
(Amendment 42)
Article 7(4)(ea) (new)
   (ea) ensuring that electronic communications networks are provided as an efficient and adequate means of distribution for the transmission of a full range of digital media content, irrespective of the means of transmission and the facilities used for reception, so as to guarantee universal and easy access to such content as Member States may decide is important, thereby enabling all citizens to be fully informed and to enjoy a diversity of views and impartial sources of information, and thus to participate fully in society;
(Amendment 43)
Article 7(4)(eb) (new)
   (eb) ensuring, where appropriate and as part of the tasks assigned to them by the Member States, that audiovisual policies are implemented, pluralism with regard to information is safeguarded and cultural diversity is promoted where the neutrality of electronic communications networks vis-à-vis the content services carried is not guaranteed;
(Amendment 44)
Article 7(4)(ec) (new)
   (ec) complying with Article 13 of the Treaty concerning non-discrimination.
(Amendment 45)
Article 8(1)
   1. Member States shall ensure the effective management of radio spectrum for electronic communication services in their territory. They shall ensure that the allocation and assignment of radio spectrum by national regulatory authorities is based on objective, transparent, non-discriminatory and proportionate criteria.
   1. Member States shall ensure the effective management of radio spectrum for electronic communication services in their territory. They shall ensure that the allocation and assignment of radio spectrum by national regulatory authorities is based on objective, transparent, non-discriminatory and proportionate criteria, and complies with the objectives set out in Article 7, taking into account the democratic, social, linguistic and cultural interests related to the use of the frequencies .
(Amendment 46)
Article 8(3)
   3. National regulatory authorities may use auctions or administrative pricing of spectrum in pursuit of the objectives set out in Article 7.
   3. National regulatory authorities may use administrative pricing of spectrum in pursuit of the objectives set out in Article 7.
The Commission shall publish guidelines to benchmark fee levels with a view to bringing greater consistency to licence procedures across the European Union. Member States shall discourage spectrum auctions, and shall use any revenues raised as a result of auctions, fees and radio spectrum pricing to create better conditions for the development of an information society and e-commerce in the European Union, in accordance with the conclusions of the Lisbon European Council.
(Amendment 47)
Article 8(4)
   4. Member States may make provision for undertakings to trade rights to use radio spectrum with other undertakings only where such rights to use radio spectrum have been assigned by national regulatory authorities by auction . Decisions to make provision for trading of such rights of use in specific frequency bands shall be subject to the procedure set out in Article 6.
   4. Member States may make provision for undertakings to voluntarily sell, rent or otherwise trade rights to use radio spectrum with other undertakings where this brings no risk of distortion of competition . Decisions to make provision for trading of such rights of use in specific frequency bands shall be subject to the procedure set out in Article 6.
(Amendment 48)
Article 8(5)
   5. Member States shall ensure that an undertaking's intention to trade rights to use radio spectrum is notified to the national regulatory authority responsible for spectrum assignment and that any sales transaction takes place under the supervision and with the consent of that authority. National regulatory authorities shall ensure that interested parties are aware of an intended sale of rights to use radio spectrum in order that they have the opportunity to make an offer for such rights of use. National regulatory authorities shall ensure that competition is not distorted as a result of any such transaction. Where radio spectrum use has been harmonised through Decision 2000/.../EC [on a regulatory framework for radio spectrum policy in the Community[ or other Community measures, any such trading shall not result in change of use of that radio spectrum.
   5. Member States shall ensure that an undertaking's intention to trade rights to use radio spectrum is notified to the national regulatory authority responsible for spectrum assignment and that any transaction takes place under the supervision and with the prior consent of that authority. National regulatory authorities shall ensure that interested parties are aware of an intended trade of rights to use radio spectrum in order that they have the opportunity to make an offer for such rights of use. National regulatory authorities shall ensure that competition is not distorted as a result of any such transaction. Where radio spectrum use has been harmonised through Decision 2000/.../EC [on a regulatory framework for radio spectrum policy in the Community[ or other Community measures, any such trading shall not result in change of use of that radio spectrum.
(Amendment 49)
Article 8(6a) (new)
6a. Member States which permit trading of rights to use radio spectrum shall take measures to prevent speculative stockpiling of spectrum.
(Amendment 50)
Article 9 (Title)
Numbering, naming and addressing
Numbering and naming
(Amendment 51)
Article 9(4)
   4. National regulatory authorities shall support the harmonisation of numbering resources within the Community where that is necessary to support the development of pan-European services. Any such harmonisation shall take place in accordance with the procedure referred to in Article 19(2).
   4. National regulatory authorities shall support the harmonisation of numbering resources within the Community where that is necessary to support the development of pan-European services or ensure user-friendly cross-border access to other services, in particular those provided under non-geographic numbers . Any such harmonisation shall take place in accordance with the procedure referred to in Article 19(2).
(Amendment 52)
Article 9(5)
   5. National regulatory authorities shall ensure that users from other Member States are able to access non-geographic numbers within their territory, except where a called subscriber has chosen for commercial reasons to limit access by calling parties located in specific geographical areas.
   5. National regulatory authorities shall ensure that users from other Member States are able to access non-geographic numbers within their territory under appropriate and transparent tariff conditions , except where a called subscriber has specifically chosen for substantial commercial reasons to limit access by calling parties located in specific geographical areas.
(Amendments 53 and 54)
Article 10
   1. Member States shall ensure that the procedures used for the granting of rights to install facilities on, over or under public or private property are available to all providers of publicly available electronic communications networks on the basis of transparent and publicly available terms and conditions applied without discrimination and without delay.
   1. Member States shall ensure that the procedures used for the granting of rights to install facilities on, over or under public or private property can be used by all providers of publicly available electronic communications networks on the basis of proportionate, transparent and publicly available terms and conditions applied without discrimination and without delay.
   2. Member States shall ensure that where local authorities retain ownership or control of undertakings operating electronic communications networks and/or services, there is effective structural separation of the function responsible for granting rights of way from activities associated with ownership or control.
   2. Member States shall ensure that where public authorities retain ownership or control of undertakings operating electronic communications networks and/or services, there is effective structural separation of the function responsible for granting rights of way from activities associated with ownership or control.
2a. Member States shall ensure that undertakings and other entities hav ing special or exclusive rights in other sectors negotiate rights of way on request from an operator of electronic communications networks, and grant rights of way on the basis of transparent and publicly available terms and conditions applied without discrimination and without delay.
2b. Member States shall ensure harmonised implementation of rights of way and of the ownership status of underground infrastructure, both within a Member State and between different Member States.
2c. National regulatory authorities shall be required to arbitrate in the event of disputes concerning the granting of rights of way between operators of publicly available electronic communications networks and services and the bodies responsible for granting rights of way.
2d. National regulatory authorities shall be entitled to take measures in implementation of this article insofar as they are needed to comply with the objectives of this Directive and ensure uniform implementation within the territory of a Member State. In particular, they may require an authority as referred to in paragraph 2 to revise its decisions.
(Amendment 55)
Article 11
   1. Where an undertaking providing electronic communications networks has the right under national legislation to install facilities on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities shall encourage the sharing of such facilities or property, in particular where undertakings are deprived of access to viable alternatives because of the need to protect the environment, public health, public security or to meet town and country planning objectives.
   1. Where an undertaking providing electronic communications networks has the right under national legislation to install facilities on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities shall encourage the sharing of such facilities or property.
   2. Agreements for co-location or facility sharing shall normally be a matter for commercial and technical agreement between the parties concerned. The national regulatory authority may intervene to resolve disputes, as provided for in Article 17.
   2. Agreements for co-location or facility sharing shall normally be a matter for commercial and technical agreement between the parties concerned. The national regulatory authority may intervene to resolve disputes, as provided for in Article 17.
   3. National regulatory authorities may impose the sharing of facilities or property (including physical co-location) on an undertaking operating an electronic communications network only after an appropriate period of public consultation during which all interested parties must be given an opportunity to express their views. Such sharing arrangements may include rules for apportioning the costs of facility or property sharing.
   3. National regulatory authorities may impose the sharing of facilities or property (including physical co-location) on an undertaking operating an electronic communications network, in particular where undertakings are deprived of access to viable alternatives because of the need to protect the environment, public health or public security or to meet town and country planning objectives, only after an appropriate period of public consultation during which all interested parties must be given an opportunity to express their views. Such sharing arrangements may include rules for apportioning the costs of facility or property sharing.
(Amendment 56)
Article 13
   1. Where the Specific Measures require national regulatory authorities to determine whether operators have significant market power, paragraphs 2 and 3 shall apply.
   1. Where the Specific Directives require national regulatory authorities to determine whether operators have significant market power, paragraphs 2 and 3 shall apply.
   2. An undertaking shall be deemed to have significant market power if, either individually or jointly with others, it enjoys a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers.
   2. An undertaking shall be deemed to have significant market power if, either individually or jointly with others, any of the following apply:
   - it enjoys persistently a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers, or
   - considering the existing constraints on entering or leaving the market and the existing scope for using alternative providers, it has the ability to restrict access to users by other operators of electronic communications networks or services, or
   - it has sufficient market power at any stage in the supply chain appreciably to distort competition as a result of being vertically integrated, i.e. owning or operating network infrastructure and also providing services itself over that infrastructure, and in particular where there are significant switching costs for consumers.
2a. Two or more undertakings shall be deemed jointly to have significant market power when they operate in a market with characteristics that afford them the opportunity to tacitly coordinate their commercial behaviour in relation to other undertakings or customers. In determining whether a market of this nature exists, national regulatory authorities shall base themselves on specific economic factors including relative product and service homogeneity, similarity in cost structures of the operators concerned, existence of price-inelastic demand, slowness of demand growth, relative maturity of production technology, high level of entry barriers, high concentration in the number of operators, lack of buyer power and a low level of competition between the operators concerned. The absence of a particular factor shall not necessarily prevent a finding of joint dominance and national regulatory authorities may in justified circumstances take into account other relevant factors.
   3. Where an undertaking has significant market power on a specific market, it may also be deemed to have significant market power on a closely related market, where the links between the two markets are such as to allow the market power held in one market to be leveraged into the other market thereby strengthening the market power of the undertaking.
   3. Where an undertaking has significant market power on a specific market, it may also be deemed to have significant market power on a closely related market, where the links between the two markets are such as to allow the market power held in one market to be leveraged into the other market thereby strengthening the market power of the undertaking, but only where the imposition on the undertaking of the requirements resulting from its position on the market where it is already deemed to have significant market power cannot effectively compensate the effects of such leveraging.
An undertaking can only be deemed to have significant market power in a closely related market if there has been a separate analysis of this closely related market.
3a. Without prejudice to paragraph 3, national regulatory authorities shall not designate operators as having significant market power in newly emerging markets where de facto the market leader is likely to have a substantial market share.
(Amendment 57)
Article 14(1)
   1. After consultation with national regulatory authorities through the High-Level Communications Group, the Commission shall issue a Decision on Relevant Product and Service Markets (hereinafter "the Decision'), addressed to Member States. The Decision shall identify those product and service markets within the electronic communications sector, the characteristics of which may be such as to justify the imposition of regulatory obligations set out in the Specific Measures , without prejudice to markets that may be defined in specific cases under competition law. The Commission shall also publish Guidelines on market analysis and the calculation of significant market power (hereinafter "the Guidelines').
   1. After public consultation of all interested parties and consultation with national regulatory authorities through the Advisory* Communications Group, with the Communications Committee and with the European Parliament, the Commission shall issue, within nine months of the publication of this Directive, a Decision on Relevant Product and Service Markets (hereinafter "the Decision'), addressed to Member States. The Decision shall identify those product and service markets within the electronic communications sector, the characteristics of which may be such as to justify the imposition of regulatory obligations set out in the Specific Directives , without prejudice to markets that may be defined in specific cases under competition law. The Commission shall also publish Guidelines on market analysis and the assessment of significant market power in a given geographic area (hereinafter "the Guidelines'), which shall be in accordance with the decision-making practices of the Commission in the field of competition and the relevant judgments of the Court of Justice and with the economic factors mentioned in Article 13(2). The publication of the Guidelines shall be preceded by public consultation of all interested parties and consultation with national regulatory authorities through the Advisory Communications Group, with the Communications Committee and with the European Parliament.
The Commission may indicate in the Decision those markets which are trans-national. In such markets, the national regulatory authorities concerned shall jointly conduct the market analysis and decide on any imposition of regulatory obligations under paragraphs 2 to 5 in a concerted fashion.
The Commission may indicate in the Decision those markets which are trans-national. In such markets, the national regulatory authorities concerned shall jointly conduct the market analysis and decide on any imposition of regulatory obligations under paragraphs 2 to 5 in a concerted fashion.
National regulatory authorities shall seek and receive the prior agreement of the Commission before using market definitions that are different from those identified in the Decision or before imposing sector-specific regulatory obligations on markets other than those identified in the Decision.
National regulatory authorities shall not use market definitions that are different from those identified in the Decision, and shall not impose sector-specific regulatory obligations on markets other than those identified in the Decision.
The Commission shall regularly review the Decision.
The Commission shall regularly review the Decision and the Guidelines in the light of the evolution of the markets concerned towards a situation of effective competition.
* (The name " High-Level Communications Group” to be replaced by "Advisory Communications Group” throughout the text).
(Amendment 58)
Article 14(2)
   2. Within two months of the date of adoption of the Decision or any updating thereof, national regulatory authorities shall carry out an analysis of the product and service markets identified in the Decision, in accordance with the Guidelines. Member States shall ensure that national competition authorities are fully associated with that analysis. The national regulatory authority's analysis of each market shall be published.
   2. Within two months of the date of adoption of the Decision or any updating thereof, national regulatory authorities shall carry out an analysis of the product and service markets identified in the Decision, in accordance with the Guidelines. In doing so, national regulatory authorities shall take into account not only national but also particular geographic areas.
In addition, national regulatory authorities shall take into account the specific characteristics of the markets under analysis, in particular their degree of maturity, as well as the social, geographic and economic structure of the country and the impact of the economic effort needed to achieve the desired degree of services development.
(Amendment 59)
Article 14(3)
   3. Where a national regulatory authority is required under Articles 16, 25 or 27 of Directive [on universal service and users rights relating to electronic communications networks and services[, or Articles 7 or 8 of Directive [access to and interconnection of electronic communications networks and associated facilities[ to determine whether to impose, maintain or withdraw obligations on undertakings, it shall determine on the basis of its market analysis referred to in paragraph 2 whether a market identified in the Decision is effectively competitive in a specific geographic area in accordance with the Guidelines.
   3. Where a national regulatory authority is required under Articles 16, 25 or 27 of Directive [on universal service and users rights relating to electronic communications networks and services[, or Articles 7 or 8 of Directive [access to and interconnection of electronic communications networks and associated facilities[ to determine whether to impose, maintain or withdraw obligations on undertakings, it shall determine on the basis of its market analysis referred to in paragraph 2 whether a market identified in the Decision is effectively competitive in a specific geographic area in accordance with the Guidelines. Member States shall ensure that such analysis and assessment is regularly reviewed.
(Amendment 60)
Article 14(4)
   4. Where a national regulatory authority concludes that the market is effectively competitive, it shall not impose or maintain sector specific regulatory obligations set out in the Specific Measures . In cases where sector-specific regulatory obligations already exist, it shall withdraw such obligations placed on undertakings in that specific market. An appropriate period of notice shall be given to parties affected by such a withdrawal of obligations.
   4. Where a national regulatory authority concludes that the market is, or is expected to become, effectively competitive, it shall not impose or maintain sector specific regulatory obligations set out in the Specific Directives . In cases where sector-specific regulatory obligations already exist, it shall withdraw such obligations placed on undertakings in that specific market. An appropriate period of notice shall be given to parties affected by such a withdrawal of obligations.
(Amendment 61)
Article 14(5)
   5. Where a national regulatory authority determines that a market identified in the Decision is not effectively competitive in a specific geographical area in accordance with the Guidelines, it shall impose the sector-specific regulatory obligations set out in the Specific Measures , or maintain such obligations where they already exist.
   5. Where a national regulatory authority determines that a market identified in the Decision is not effectively competitive in a specific geographical area in accordance with the Guidelines, and that such market failure is enduring, it shall impose the sector-specific regulatory obligations set out in the Specific Directives , or maintain such obligations where they already exist.
(Amendment 62)
Article 14(6a) (new)
6a. The national regulatory authorities shall intervene only where the market analysis indicates that, in the absence of intervention, competition will be hindered and consumer choice restricted in the market concerned. They shall ensure that the level of regulatory intervention is proportionate to the objective to be achieved.
(Amendment 63)
Article 15(1)
   1. The Commission shall draw up and publish in the Official Journal of the European Communities a List of standards and/or specifications to serve as a basis for encouraging the harmonised provision of electronic communications networks, electronic communications services and associated facilities. Where necessary, the Commission may, acting in accordance with the procedure referred to in Article 19(2), request that standards be drawn up by European standardisation bodies.
   1. The Commission shall draw up and publish in the Official Journal of the European Communities a List of standards and/or specifications to serve as a basis for encouraging the harmonised provision of electronic communications networks, electronic communications services and associated facilities. Where necessary, the Commission may, acting in accordance with the procedure referred to in Article 19(2), request that standards be drawn up by European standardisation bodies. All digital interactive television services open to the public in the Community whether by cable, satellite or terrestrial means shall use an application programme interface which has been standardised by a recognised European standardisation body.
(Amendment 64)
Article 15(2), last subparagraph
Where international standards exist, Member States shall take all reasonable measures to ensure that European standardisation bodies, such as ETSI or CEN/CENELEC use them, or the relevant parts of them, as a basis for the standards they develop, except where such international standards or relevant parts would be ineffective .
Where international standards exist, Member States shall take all reasonable measures to ensure that European standardisation bodies such as ETSI or CEN/CENELEC use them, or the relevant parts of them, as a basis for the standards they develop.
(Amendment 65)
Article 15(3)
   3. If the standards and/or specifications referred to in paragraph 1 have not been adequately implemented so that interoperability of services in one or more Member States cannot be ensured, the implementation of such standards and/or specifications may be made compulsory in accordance with paragraph 4, to the extent strictly necessary to ensure such interoperability and to improve freedom of choice for users.
   3. If the standards and/or specifications referred to in paragraph 1 have not been adequately implemented or if interoperability of services in one or more Member States cannot be ensured, the implementation of such standards and/or specifications may be made compulsory in accordance with paragraph 4, to the extent strictly necessary to ensure such interoperability and to improve freedom of choice for users.
(Amendment 66)
Article 15(5) and (6)
   5. Where the Commission considers that standards and/or specifications referred to in paragraph 1 no longer contribute to the provision of harmonised electronic communications services, it shall, acting in accordance with the procedure referred to in Article 19(2), remove them from the List of standards and/or specifications referred to in paragraph 1.
   5. Where the Commission considers that standards and/or specifications referred to in paragraph 1 no longer contribute to the provision of harmonised electronic communications services or that they no longer meet customer needs or that they hamper the exploitation of technological progress, it shall, acting in accordance with the procedure referred to in Article 19(2), remove them from the List of standards and/or specifications referred to in paragraph 1.
   6. Where the Commission considers that standards and/or specifications referred to in paragraph 4 no longer contribute to the provision of harmonised electronic communications services, it shall, acting in accordance with the procedure referred to in Article 19(3), remove them from the List of standards and/or specifications referred to in paragraph 1.
   6. Where the Commission considers that standards and/or specifications referred to in paragraph 4 no longer contribute to the provision of harmonised electronic communications services or that they no longer meet customer needs or that they hamper the exploitation of technological progress , it shall, acting in accordance with the procedure referred to in Article 19(3), remove them from the List of standards and/or specifications referred to in paragraph 1.
(Amendment 67)
Article 15(6a) (new)
6a. The provisions of paragraphs 5 and 6 shall not apply to the electromagnetic compatibility standards contained in the List referred to in paragraph 1.
(Amendment 68)
Article 16(2)
   2. Where the Commission finds, inter alia, that divergence in regulation at national level creates a barrier to the single market, or where the High-Level Communications Group advises that a binding harmonisation measure is necessary, the Commission may, acting in accordance with the procedure referred to in Article 19(3), adopt binding harmonisation measures.
   2. Where the Commission finds, inter alia, that divergence in regulation at national level creates a barrier to the single market, it may, acting in accordance with the procedure referred to in Article 19(3), take the appropriate technical implementing measures. The Commission may consult the Advisory Communications Group about its views in this matter.
(Amendment 69)
Article 17(1)
   1. In the event of a dispute arising under this Directive or the Specific Measures between undertakings providing electronic communications networks or services in a Member State, the national regulatory authority concerned shall, at the request of either party, issue a binding decision within two months to resolve the dispute. Member States shall ensure that all parties co-operate fully with the national regulatory authority.
   1. In the event of a dispute arising under this Directive or the Specific Directives between undertakings providing electronic communications networks or services in a Member State, the national regulatory authority concerned shall, at the request of either party, issue a binding decision within two months to resolve the dispute. In exceptional circumstances, and by agreement with the parties involved in the dispute, a decision may be delayed by a further two months. Where a national regulatory authority intervenes at the request of either of the parties to a dispute, it may only impose obligations on an operator designated as having significant market power in the relevant market. Member States shall ensure that all parties co-operate fully with the national regulatory authority.
(Amendment 70)
Article 17(2)(g)
   (g) the relative market positions of the parties,
Deleted
(Amendment 71)
Article 17(2)(ja) (new)
   (ja) the need to protect commercial confidentiality.
(Amendment 72)
Article 19(1)
   1. The Commission shall be assisted by a committee, composed of representatives of the Member States and chaired by the representative of the Commission ("the Communications Committee”).
   1. The Commission shall be assisted by a committee, composed of representatives of the Member States and chaired by the representative of the Commission ("the Communications Committee”). The Commission may consult all interested parties about the subjects it discusses with the Communications Committee.
(Amendment 73)
Article 19(3a) (new)
3a. The Communications Committee, and its sub-groups, shall publish draft recommendations, reports and opinions to be issued to the Commission and shall give interested parties the chance to comment within a reasonable time, proportionate to the importance of the issue considered.
(Amendment 74)
Article 20(1)
   1. The Commission shall, where appropriate, inform the Communications Committee of the outcome of regular consultations with the representatives of network operators, service providers, users, consumers, manufacturers and trade unions.
   1. The Commission shall, where appropriate, inform the Communications Committee of the outcome of regular consultations with the representatives of network operators, service providers, users, consumers, manufacturers and trade unions. The Commission shall discuss with a working group mandated by the European Parliament the subjects that it raises in the Communications Committee.
(Amendment 75)
Article 21
High-Level Communications Group
Advisory Communications Group
   1. A High-Level Communications Group is hereby set up. It shall have advisory status and act independently.
1. An Advisory Communications Group is hereby set up.
   2. The Group shall be composed of representatives designated by the national regulatory authorities. It shall elect its chairman. The Group's secretariat shall be provided by the Commission. The Group shall draw up its own rules of procedure, in agreement with the Commission.
   2. The Group shall be composed of representatives designated by the national regulatory authorities. It shall act in accordance with the advisory procedure laid down in Article 3 of Decision 1999/468/EC, having regard to Articles 7 and 8 thereof.
   3. Some tasks referred to in paragraph 4 may be carried out by expert groups created for that purpose. Representatives of national competition authorities and other relevant authorities shall be invited where appropriate to participate in the work of the Group and the expert groups .
   3. The Group may invite representatives of national competition authorities and other relevant authorities where appropriate to participate in its work.
   4. The Group and/or the expert groups shall:
   4. The Group shall:
   (a) examine any question concerning the application of the national measures adopted under this Directive and the Specific Measures in order to promote the uniform application of such measures in all Member States;
   (a) examine any question concerning the application of the national measures adopted under this Directive and the Specific Directives in order to promote the uniform application of such measures in all Member States;
   (b) adopt agreed positions on the detailed application of Community legislation, with a view to facilitating pan-European services;
   (b) adopt agreed positions on the detailed application of Community legislation, with a view to facilitating pan-European services;
   (c) advise the Commission on drawing up the Decision on Relevant Product and Service Markets referred to in Article 14;
   (c) advise the Commission on drawing up the Decision on Relevant Product and Service Markets referred to in Article 14;
   (d) consider issues brought to their attention by Member States, national regulatory authorities, market players, or users, and propose solutions where appropriate;
   (d) consider issues brought to its attention by Member States, national regulatory authorities, market players, or users, and propose solutions where appropriate;
   (e) inform the Commission of any difficulties encountered in implementation of this Directive and the Specific Measures ;
   (e) inform the Commission of any difficulties encountered in implementation of this Directive and the Specific Directives ;
   (f) endorse codes of practice, drawn up by the Group or the expert groups or by other interested parties, for use in Member States, on issues related to the application of Community legislation in the sector;
Deleted
   (g) monitor and publicise, if appropriate by means of a database, the activities of national regulatory authorities throughout the Community, in particular national consultations on specific regulatory issues and subsequent decisions by national regulatory authorities.
   (g) monitor and publicise, if appropriate by means of a database, the activities of national regulatory authorities throughout the Community, in particular national consultations on specific regulatory issues and subsequent decisions by national regulatory authorities.
   5. The Group shall inform the Commission of any divergences between the laws or practices of Member States which are likely to affect the Community market for electronic communications networks or services. The Group may, on its own initiative, give opinions or make recommendations on all matters relating to electronic communications networks or services in the Community.
   5. The Group shall inform the Commission of any divergences between the laws or practices of Member States which are likely to affect the Community market for electronic communications networks or services, having particular regard for the need to develop trans-national services and remedy differences between Member States" national regulatory regimes. The Group may, on its own initiative, give opinions or make recommendations on all matters relating to electronic communications networks or services in the Community.
   6. The Group's opinions and recommendations shall be forwarded to the Commission and to the Communications Committee. The Commission shall inform the Group of what action, if any, it intends to take in response to its opinions and recommendations.
   6. The Group's opinions and recommendations shall be forwarded to the Commission and to the Communications Committee. The Commission shall inform the Group of what action, if any, it intends to take in response to its opinions and recommendations.
   7. The Group and the expert groups shall take the utmost account of the views of interested parties, including consumers, users, network operators, service providers, manufacturers and relevant associations at Community level.
   7. The Group shall take the utmost account of the views of all interested parties, including consumers, users, network operators, service providers, broadcasters, manufacturers and relevant associations at Community level. The Group shall state to what extent the views of interested parties have been heard and taken into account and shall give interested parties the opportunity to comment within a reasonable time, proportionate to the importance of the issue considered.
   8. The Group shall submit an annual report of its activities and those of the expert groups to the European Parliament, the Council and the Commission. The report shall be made public.
Deleted
(Amendment 76)
Article 23
The Commission shall periodically review the functioning of this Directive and report to the European Parliament and to the Council, on the first occasion not later than three years after the date of entry into force of this Directive. For this purpose, the Commission may request from the Member States information, which shall be supplied without delay.
The Commission shall periodically review the functioning of this Directive and report to the European Parliament and to the Council, on the first occasion not later than three years after the date of entry into force of this Directive, and thereafter annually . For this purpose, the Commission may request from the Member States information, which shall be supplied without delay.
After three years the Commission shall indicate, based on a reassessment of the need for sector-specific regulation for the electronic communications sector, which parts of this Directive can be deleted.
(Amendment 77)
Annex
(This annex is deleted.)

(1) OJ C 365 E, 19.12.2000, p. 198.


European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (COM(2000) 393 - C5-0428/2000 - 2000/0184(COD) )

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 393 (1) ),

-  having regard to the sixth report on the implementation of the telecommunications regulatory package, presented by the Commission (COM(2000) 814 ),

-  having regard to Article 251(2) of the EC Treaty and Article 95 of the Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0428/2000 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Legal Affairs and the Internal Market and the Committee on Culture, Youth, Education, the Media and Sport (A5-0053/2001 ),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 365 E, 19.12.2000, p. 198.

Last updated: 1 June 2004Legal notice