Xm Xm Amendments

European Parliament 2014-2019

Committee on Industry, Research and Energy

2016/0288(COD)

17.3.2017

AMENDMENTS 833 - 1152

Draft report Pilar del Castillo Vera (PE601.017v01-00)

European Electronic Communications Code (Recast)

Proposal for a directive (COM(2016)0590 – C8-0379/2016 – 2016/0288(COD))

AM\1118908XM.docx PE601.017v01-00

XM United in diversity XM PR_COD_1recastingam

PE601.017v01-00 2/179 AM\1118908XM.docx XM Amendment 833 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 65 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) all relevant competitive constraints, (b) absence of significant relevant including at retail level, irrespective of competitive constraints, including at retail whether the sources of such constraints are level, irrespective of whether the sources of deemed to be electronic communications such constraints are deemed to be networks, electronic communications electronic communications networks, services, or other types of services or electronic communications services, or applications which are comparable from other types of services or applications the perspective of the end-user, and which are comparable from the perspective irrespective of whether such constraints are of the end-user, and irrespective of whether part of the relevant market; such constraints are part of the relevant market;

Or. en

Amendment 834 Miapetra Kumpula-Natri, Jeppe Kofod, Dan Nica, Carlos Zorrinho, Victor Negrescu, Zigmantas Balčytis, Flavio Zanonato

Proposal for a directive Article 65 – paragraph 2 – point c

Text proposed by the Commission Amendment

(c) other types of regulation or deleted measures imposed and affecting the relevant market or related retail market or markets throughout the relevant period, including, without limitation, obligations imposed in accordance with Articles 44, 58 and 59; and

Or. en

Justification

The Commission’s proposal weakens the SMP regime. The 3-criteria test is described in the draft Code differs from the version of the test that has been applied, successfully, by NRAs over the last 15 years and which is set out in Recommendation 2014/710/EU.

AM\1118908XM.docx 3/179 PE601.017v01-00 XM Amendment 835 Michel Reimon on behalf of the Verts/ALE Group Julia Reda

Proposal for a directive Article 65 – paragraph 2 – point c

Text proposed by the Commission Amendment

Or. en

Amendment 836 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 65 – paragraph 2 – point c

Text proposed by the Commission Amendment

(c) other types of regulation or (c) other types of regulation or measures imposed and affecting the measures imposed and affecting the relevant market or related retail market or relevant market or related retail market or markets throughout the relevant period, markets throughout the relevant period, including, without limitation, obligations including, without limitation, obligations imposed in accordance with Articles 44, 58 imposed in accordance with Articles 44, 58 and 59; and and 59 are insufficient to adequately address the identified market failure(s); and

Or. en

Amendment 837 Michel Reimon on behalf of the Verts/ALE Group Julia Reda

Proposal for a directive Article 65 – paragraph 2 – point d PE601.017v01-00 4/179 AM\1118908XM.docx XM

Text proposed by the Commission Amendment

(d) regulation imposed on other deleted relevant markets on the basis of this Article.

Or. en

Amendment 838 Miapetra Kumpula-Natri, Jeppe Kofod, Dan Nica, Carlos Zorrinho, Victor Negrescu, Zigmantas Balčytis, Flavio Zanonato

Proposal for a directive Article 65 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) regulation imposed on other deleted relevant markets on the basis of this Article.

Or. en

Justification

Constraints on NRAs’ ability to impose regulations have to be avoided. The focus on commercial agreements undermines the SMP regime, as it is linked to a deregulatory promise and might in the long run create tight oligopolies. We should carefully assess whether watering down the well-functioning SMP-regime is useful for the citizens.

Amendment 839 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 65 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) regulation imposed on other (d) regulation imposed on other relevant markets on the basis of this relevant markets on the basis of this Article Article. is insufficient to adequately address the identified market failure(s).

Or. en

AM\1118908XM.docx 5/179 PE601.017v01-00 XM Amendment 840 Kaja Kallas, Marietje Schaake

Proposal for a directive Article 65 – paragraph 4

Text proposed by the Commission Amendment

4. Where a national regulatory 4. Where a national regulatory authority determines that, in a relevant authority determines that, in a relevant market the imposition of regulatory market the imposition of regulatory obligations in accordance with paragraphs obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall 1 and 2 of this Article is justified, it shall identify any undertakings which identify any undertakings which individually or jointly have a significant individually or jointly have a significant market power on that relevant market in market power , or might significantly accordance with Article 61. The national impede effective competition on that regulatory authority shall impose on such relevant market in accordance with Article undertakings appropriate specific 61. The national regulatory authority shall regulatory obligations in accordance with impose on such undertakings appropriate Article 66 or maintain or amend such specific regulatory obligations in obligations where they already exist if it accordance with Article 66 or maintain or considers that one or more retail markets amend such obligations where they already would not be effectively competitive in the exist if it considers that one or more absence of those obligations. markets would not be effectively competitive in the absence of those obligations. In the case of significant impediment to effective competition, the national regulatory authority shall consider the proper circumstances of the case, take due account of the need for proportionality and consider the adoption of the least burdensome remedies.

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 841 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 65 – paragraph 4

Text proposed by the Commission Amendment

PE601.017v01-00 6/179 AM\1118908XM.docx XM 4. Where a national regulatory 4. Where a national regulatory authority determines that, in a relevant authority determines that, in a relevant market the imposition of regulatory market the imposition of regulatory obligations in accordance with paragraphs obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall 1 and 2 of this Article is justified, it shall identify any undertakings which identify any undertakings which individually or jointly have a significant individually or jointly have a significant market power on that relevant market in market power on that relevant market in accordance with Article 61. The national accordance with Article 61. The national regulatory authority shall impose on such regulatory authority shall impose on such undertakings appropriate specific undertakings appropriate specific regulatory obligations in accordance with regulatory obligations in accordance with Article 66 or maintain or amend such Article 66 or maintain or amend such obligations where they already exist if it obligations where they already exist if the considers that one or more retail markets following criteria are cumulatively met: would not be effectively competitive in the (a) one or more retail markets would not be absence of those obligations. effectively competitive in the absence of those obligations; and (b) there are no obligations imposed in other wholesale markets, which address the identified competition problem in the retail market in question.

Or. en

Amendment 842 Fulvio Martusciello

Proposal for a directive Article 65 – paragraph 4

Text proposed by the Commission Amendment

AM\1118908XM.docx 7/179 PE601.017v01-00 XM would not be effectively competitive in the absence of those obligations.

Or. en

Amendment 843 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 65 – paragraph 4

Text proposed by the Commission Amendment

4. Where a national regulatory 4. Where a national regulatory authority determines that, in a relevant authority determines that, in a relevant market the imposition of regulatory market the imposition of regulatory obligations in accordance with paragraphs obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall 1 and 2 of this Article is justified, it shall identify any undertakings which identify any undertakings which individually or jointly have a significant individually or jointly have a significant market power on that relevant market in market power on that relevant market in accordance with Article 61. The national accordance with Article 61. The national regulatory authority shall impose on such regulatory authority shall impose on such undertakings appropriate specific undertakings appropriate specific regulatory obligations in accordance with regulatory obligations in accordance with Article 66 or maintain or amend such Article 66 or maintain or amend such obligations where they already exist if it obligations where they already exist. considers that one or more retail markets would not be effectively competitive in the absence of those obligations.

Or. en

Justification

The proposed Directive puts the focus of regulatory intervention on competitive conditions in retail markets. Before intervening in wholesale markets to solve a problem or to enable future competition on networks, NRAs would have to demonstrate that there is a present lack of competition in retail markets. This approach is problematic because it is wholesale competition that creates retail competition, although often not immediately. The rules that create competition today are focused on wholesale markets for a reason: retail competition and differentiation between operators exists thanks to the capacity to compete at wholesale level. The focus on retail markets would lead to the automatic de-regulation of wholesale markets in many cases, and would ultimately lead to the monopolisation or ‘duopolisation’ in countries/regions with a strong cable footprint. In addition, retail competition of the kind where all retail providers are dependent on one wholesale provider is not sustainable in the

PE601.017v01-00 8/179 AM\1118908XM.docx XM long run and only amounts to ‘fake-competition’. Ultimately, the resulting reduction in competition could lead to higher prices and less innovation and choice for end-users.

Amendment 844 Patrizia Toia

Proposal for a directive Article 65 – paragraph 4

Text proposed by the Commission Amendment

4. Where a national regulatory 4. Where a national regulatory authority determines that, in a relevant authority determines that, in a relevant market the imposition of regulatory market the imposition of regulatory obligations in accordance with paragraphs obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall 1 and 2 of this Article is justified, it shall identify any undertakings which identify any undertakings which individually or jointly have a significant individually or jointly have a significant market power on that relevant market in market power on that relevant market in accordance with Article 61. The national accordance with Article 61. The national regulatory authority shall impose on such regulatory authority shall impose on such undertakings appropriate specific undertakings appropriate specific regulatory obligations in accordance with regulatory obligations in accordance with Article 66 or maintain or amend such Article 66 or maintain or amend such obligations where they already exist if it obligations where they already exist. considers that one or more retail markets would not be effectively competitive in the absence of those obligations.

Or. en

Justification

The amendment aims at removing the reference to retail markets, given the fact that competition is strictly linked to wholesale access conditions

Amendment 845 David Borrelli, Dario Tamburrano

Proposal for a directive Article 65 – paragraph 4

Text proposed by the Commission Amendment

4. Where a national regulatory 4. Where a national regulatory authority determines that, in a relevant authority determines that, in a relevant market the imposition of regulatory market the imposition of regulatory obligations in accordance with paragraphs obligations in accordance with paragraphs AM\1118908XM.docx 9/179 PE601.017v01-00 XM 1 and 2 of this Article is justified, it shall 1 and 2 of this Article is justified, it shall identify any undertakings which identify any undertakings which individually or jointly have a significant individually or jointly have a significant market power on that relevant market in market power on that relevant market in accordance with Article 61. The national accordance with Article 61. The national regulatory authority shall impose on such regulatory authority shall impose on such undertakings appropriate specific undertakings appropriate specific regulatory obligations in accordance with regulatory obligations in accordance with Article 66 or maintain or amend such Article 66 or maintain or amend such obligations where they already exist if it obligations where they already exist. considers that one or more retail markets would not be effectively competitive in the absence of those obligations.

Or. en

Justification

The amendment aims to avoid the focus on retail market, as narrowing the scope of competition to the retail level could lead to great uncertainty.

Amendment 846 Pavel Telička

Proposal for a directive Article 65 – paragraph 4

Text proposed by the Commission Amendment

4. Where a national regulatory 4. Where a national regulatory authority determines that, in a relevant authority determines that, in a relevant market the imposition of regulatory market the imposition of regulatory obligations in accordance with paragraphs obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall 1 and 2 of this Article is justified, it shall identify any undertakings which identify any undertakings which individually or jointly have a significant individually or jointly have a significant market power on that relevant market in market power on that relevant market in accordance with Article 61. The national accordance with Article 61. The national regulatory authority shall impose on such regulatory authority shall impose on such undertakings appropriate specific undertakings appropriate specific regulatory obligations in accordance with regulatory obligations in accordance with Article 66 or maintain or amend such Article 66 or maintain or amend such obligations where they already exist if it obligations where they already exist. considers that one or more retail markets would not be effectively competitive in the absence of those obligations.

Or. en

PE601.017v01-00 10/179 AM\1118908XM.docx XM

Amendment 847 Miapetra Kumpula-Natri, Jeppe Kofod, Dan Nica, Carlos Zorrinho, Victor Negrescu, Zigmantas Balčytis, Flavio Zanonato

Proposal for a directive Article 65 – paragraph 4

Text proposed by the Commission Amendment

4. Where a national regulatory 4. Where a national regulatory authority determines that, in a relevant authority determines that the imposition of market the imposition of regulatory regulatory obligations in accordance with obligations in accordance with paragraphs paragraphs 1 and 2 of this Article is 1 and 2 of this Article is justified, it shall justified, it shall identify: identify any undertakings which (a) any undertakings which individually or individually or jointly have a significant jointly have a significant market power on market power on that relevant market in that relevant market in accordance with accordance with Article 61. The national Article 61(2); or in case of the absence regulatory authority shall impose on such thereof: undertakings appropriate specific (b) undertakings which enjoy a position of regulatory obligations in accordance with unilateral market power on that market in Article 66 or maintain or amend such accordance with Article 61(3). obligations where they already exist if it The national regulatory authority shall on considers that one or more retail markets such undertakings impose appropriate would not be effectively competitive in the specific regulatory obligations or absence of those obligations. maintain or amend such obligations where they already exist.

Or. en

Justification

The proposed Directive puts the focus of regulatory intervention on competitive conditions in retail markets. Before intervening in wholesale markets to solve a problem or to enable future competition on networks, NRAs would have to demonstrate that there is a present lack of competition in retail markets.This approach is problematic because it is wholesale competition that creates retail competition, although often not immediately. The rules that create competition today are focused on wholesale markets for a reason: retail competition and differentiation between operators exists thanks to the capacity to compete at wholesale level. The focus on retail markets would lead to the automatic de-regulation of wholesale markets in many cases, and would ultimately lead to the monopolisation or ‘duopolisation’ in countries/regions with a strong cable footprint. addition, retail competition of the kind where all retail providers are dependent on one wholesale provider is not sustainable in the long run and only amounts to ‘fake-competition’. Ultimately, the resulting reduction in competition could lead to higher prices and less innovation and choice for end-users. Furthermore, we should place a finding of UMP on the comparable position as a finding of SMP.

AM\1118908XM.docx 11/179 PE601.017v01-00 XM Amendment 848 Evžen Tošenovský

Proposal for a directive Article 65 – paragraph 5 – point a

Text proposed by the Commission Amendment

(a) within five years from the adoption (a) within five years from the adoption of a previous measure where the national of a previous measure where the national regulatory authority has defined the regulatory authority has defined the relevant market and determined which relevant market and determined which undertakings have significant market undertakings have significant market power. Exceptionally, that five-year period power. Exceptionally, that five-year period may be extended for up to one additional may be extended for up to three additional year, where the national regulatory years, where the national regulatory authority has notified a reasoned proposed authority has notified a reasoned proposed extension to the Commission no later than extension to the Commission no later than four months before the expiry of the five four months before the expiry of the five years period, and the Commission has not years period, and the Commission has not objected within one month of the notified objected within one month of the notified extension; extension;

Or. en

Amendment 849 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 65 – paragraph 6 a (new)

Text proposed by the Commission Amendment

6 a. Where, on a forward-looking basis, three access network operators are present or are expected to be present and to sustainably compete in the same retail market, national regulatory authorities shall not identify an operator as having significant market power.

Or. en

Amendment 850 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Marisa Matias, Cornelia Ernst PE601.017v01-00 12/179 AM\1118908XM.docx XM

Proposal for a directive Article 66 – paragraph 2

Text proposed by the Commission Amendment

2. Where an operator is designated as 2. Where an operator is designated as having significant market power on a having significant market power on a specific market as a result of a market specific market as a result of a market analysis carried out in accordance with analysis carried out in accordance with Article 65 of this Directive, national Article 65 of this Directive, national regulatory authorities shall be able to regulatory authorities shall impose any of impose any of the obligations set out in the obligations set out in Articles 67 to 75 Articles 67 to 75 and 77 of this Directive and 77 of this Directive. as appropriate.

Or. en

Justification

The Commission’s proposal makes it optional for NRAs to decide whether or not to take action to address problems caused by SMP. This undermines the SMP regime by opening the door to inaction on the part of NRAs

Amendment 851 Miapetra Kumpula-Natri, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod

Proposal for a directive Article 66 – paragraph 2

Text proposed by the Commission Amendment

Or. en

AM\1118908XM.docx 13/179 PE601.017v01-00 XM Justification

Amendment 852 Kaja Kallas, Marietje Schaake

Proposal for a directive Article 66 – paragraph 4

Text proposed by the Commission Amendment

4. Obligations imposed in accordance 4. Obligations imposed in accordance with this Article shall be based on the with this Article shall be based on the nature of the problem identified, in nature of the problem identified in the particular at retail level and where relevant markets to safeguard long term appropriate taking into account the sustainable competition, and where identification of transnational demand appropriate taking into account the pursuant to Article 64. They shall be identification of transnational demand proportionate, have regard to the costs and pursuant to Article 64. They shall be benefits, and be justified in the light of the proportionate, have regard to the costs and objectives laid down in Article 3 of this benefits, and be justified in the light of the Directive. Such obligations shall only be objectives laid down in Article 3 of this imposed following consultation in Directive. Such obligations shall only be accordance with Articles 23 and 32. imposed following consultation in accordance with Articles 23 and 32. In cases of one or more undertakings considered as significantly impeding effective competition, national regulatory authorities shall take due account of the specific circumstances of the case and consider the least burdensome remedies, taking into account their proportionality and their potential benefits for end-users.

Or. en

Justification

The impact of undertakings that create a situation of significant impediment to effective competition should be addressed in a proportionate manner, with remedies imposed being adapted to the specific circumstances of each market, and to guarantee the best outcome for end users. 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

PE601.017v01-00 14/179 AM\1118908XM.docx XM Amendment 853 Evžen Tošenovský

Proposal for a directive Article 66 – paragraph 4

Text proposed by the Commission Amendment

4. Obligations imposed in accordance 4. Obligations imposed in accordance with this Article shall be based on the with this Article shall be based on the nature of the problem identified, in nature of the problem identified, in particular at retail level and where particular at retail level. They shall be appropriate taking into account the proportionate, have regard to the costs identification of transnational demand and benefits, considering in particular pursuant to Article 64. They shall be whether the undertaking designated as proportionate, have regard to the costs having significant market power operates and benefits, and be justified in the light of only at wholesale level and justified in the the objectives laid down in Article 3 of this light of the objectives laid down in Article Directive. Such obligations shall only be 3 of this Directive. Such obligations shall imposed following consultation in only be imposed following consultation in accordance with Articles 23 and 32. accordance with Articles 23 and 32.

Or. en

Amendment 854 Miapetra Kumpula-Natri, Flavio Zanonato, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod

Proposal for a directive Article 66 – paragraph 4

Text proposed by the Commission Amendment

4. Obligations imposed in accordance 4. Obligations imposed in accordance with this Article shall be based on the with this Article shall be based on the nature of the problem identified, in nature of the problem identified on particular at retail level and where wholesale or retail level and where appropriate taking into account the appropriate taking into account the identification of transnational demand identification of transnational demand pursuant to Article 64. They shall be pursuant to Article 64. They shall be proportionate, have regard to the costs and proportionate, have regard to the costs and benefits, and be justified in the light of the benefits, and be justified in the light of the objectives laid down in Article 3 of this objectives laid down in Article 3 of this Directive. Such obligations shall only be Directive. Such obligations shall only be imposed following consultation in imposed following consultation in accordance with Articles 23 and 32. accordance with Articles 23 and 32.

Or. en

AM\1118908XM.docx 15/179 PE601.017v01-00 XM Justification

We should avoid the focus only on retail market.

Amendment 855 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 66 – paragraph 4

Text proposed by the Commission Amendment

4. Obligations imposed in accordance 4. Obligations imposed in accordance with this Article shall be based on the with this Article shall be based on the nature of the problem identified, in nature of the problem identified and where particular at retail level and where appropriate taking into account the appropriate taking into account the identification of transnational demand identification of transnational demand pursuant to Article 64. They shall be pursuant to Article 64. They shall be proportionate, have regard to the costs and proportionate, have regard to the costs and benefits, and be justified in the light of the benefits, and be justified in the light of the objectives laid down in Article 3 of this objectives laid down in Article 3 of this Directive. Such obligations shall only be Directive. Such obligations shall only be imposed following consultation in imposed following consultation in accordance with Articles 23 and 32. accordance with Articles 23 and 32.

Or. en

Justification

The proposed Directive puts the focus of regulatory intervention on competitive conditions in retail markets. Before intervening in wholesale markets, NRAs would have to demonstrate that their intervention corresponds to a retail problem. The focus on retail markets would lead to the automatic de-regulation of wholesale markets in many cases, and would ultimately lead to the monopolisation or ‘duopolisation’ in countries/regions with a strong cable footprint. In addition, retail competition of the kind where all retail providers are dependent on one wholesale provider is not sustainable in the long run and only amounts to ‘fake- competition’. Ultimately, the resulting reduction in competition could lead to higher prices and less innovation and choice for end-users.

Amendment 856 Fulvio Martusciello

Proposal for a directive Article 66 – paragraph 4

PE601.017v01-00 16/179 AM\1118908XM.docx XM Text proposed by the Commission Amendment

4. Obligations imposed in accordance 4. Obligations imposed in accordance with this Article shall be based on the with this Article shall be based on the nature of the problem identified, in nature of the problem identified and where particular at retail level and where appropriate taking into account the appropriate taking into account the identification of transnational demand identification of transnational demand pursuant to Article 64. They shall be pursuant to Article 64. They shall be proportionate, have regard to the costs and proportionate, have regard to the costs and benefits, and be justified in the light of the benefits, and be justified in the light of the objectives laid down in Article 3 of this objectives laid down in Article 3 of this Directive. Such obligations shall only be Directive. Such obligations shall only be imposed following consultation in imposed following consultation in accordance with Articles 23 and 32. accordance with Articles 23 and 32.

Or. en

Amendment 857 David Borrelli, Dario Tamburrano

Proposal for a directive Article 66 – paragraph 4

Text proposed by the Commission Amendment

4. Obligations imposed in accordance 4. Obligations imposed in accordance with this Article shall be based on the with this Article shall be based on the nature of the problem identified, in nature of the problem identified and where particular at retail level and where appropriate taking into account the appropriate taking into account the identification of transnational demand identification of transnational demand pursuant to Article 64. They shall be pursuant to Article 64. They shall be proportionate, have regard to the costs and proportionate, have regard to the costs and benefits, and be justified in the light of the benefits, and be justified in the light of the objectives laid down in Article 3 of this objectives laid down in Article 3 of this Directive. Such obligations shall only be Directive. Such obligations shall only be imposed following consultation in imposed following consultation in accordance with Articles 23 and 32. accordance with Articles 23 and 32.

Or. en

Justification

The amendment aims to avoid the focus on retail market, as narrowing the scope of competition to the retail level could lead to great uncertainty.

AM\1118908XM.docx 17/179 PE601.017v01-00 XM Amendment 858 José Blanco López

Proposal for a directive Article 66 – paragraph 4

Text proposed by the Commission Amendment

4. Obligations imposed in accordance 4. Obligations imposed in accordance with this Article shall be based on the with this Article shall be based on the nature of the problem identified, in nature of the problem identified on particular at retail level and where wholesale or retail level and where appropriate taking into account the appropriate taking into account the identification of transnational demand identification of transnational demand pursuant to Article 64. They shall be pursuant to Article 64. They shall be proportionate, have regard to the costs and proportionate, have regard to the costs and benefits, and be justified in the light of the benefits, and be justified in the light of the objectives laid down in Article 3 of this objectives laid down in Article 3 of this Directive. Such obligations shall only be Directive. Such obligations shall only be imposed following consultation in imposed following consultation in accordance with Articles 23 and 32. accordance with Articles 23 and 32.

Or. en

Amendment 859 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 66 – paragraph 6

Text proposed by the Commission Amendment

6. National regulatory authorities shall 6. National regulatory authorities shall consider the impact of new market consider the impact of new or planned developments, such as in relation to market developments which are commercial agreements, including co- reasonably likely to affect competitive investment agreements, which have been dynamics, such as in relation to concluded or unforeseeably breached or commercial agreements, including without terminated affecting competitive limitation co-investment agreements dynamics. If these developments are not and/or undertakings absent from any sufficiently important in order to determine retail market for electronic the need to undertake a new market communications services. analysis in accordance with Article 65, the National regulatory authorities shall do national regulatory authority shall assess so: whether it is necessary to review the (a) on their own initiative, taking account obligations imposed on operators of the need for predictable market designated with significant market power conditions, or in order to ensure that such obligations (b) on a reasoned request. continue to meet the conditions in If the developments are not sufficiently PE601.017v01-00 18/179 AM\1118908XM.docx XM paragraph 4. Such amendments shall only important in order to require a new market be imposed following consultation in analysis in accordance with Article 65, the accordance with Articles 23 and 32. national regulatory authority shall assess without delay whether it is necessary to review the obligations and amend any previous decision, including by withdrawing obligations or imposing new obligations on operators designated with significant market power in order to ensure that such obligations continue to meet the requirements of this Directive, or whether to decide that no, fewer or less onerous obligations shall be imposed with respect to a planned development. Such decisions shall only be made following consultation in accordance with Articles 23 and 32.

Or. en

Amendment 860 Miapetra Kumpula-Natri, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Victor Negrescu, Zigmantas Balčytis, Flavio Zanonato

Proposal for a directive Article 66 – paragraph 6

Text proposed by the Commission Amendment

6. National regulatory authorities shall 6. National regulatory authorities shall consider the impact of new market consider the impact of new market developments, such as in relation to developments. If these developments are commercial agreements, including co- not sufficiently important in order to investment agreements, which have been determine the need to undertake a new concluded or unforeseeably breached or market analysis in accordance with Article terminated affecting competitive 65, the national regulatory authority shall dynamics. If these developments are not assess whether it is necessary to review the sufficiently important in order to determine obligations imposed on operators the need to undertake a new market designated with significant market power analysis in accordance with Article 65, the in order to ensure that such obligations national regulatory authority shall assess continue to meet the conditions in whether it is necessary to review the paragraph 4. Such amendments shall only obligations imposed on operators be imposed following consultation in designated with significant market power accordance with Articles 23 and 32. in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.

AM\1118908XM.docx 19/179 PE601.017v01-00 XM Or. en

Justification

Commercial agreements are diverse, and some of them have the potential to create ineffectively competitive market outcomes. If not properly managed, co-investments may lead to coordinated behaviour and even reduced competition and investment in long term.

Amendment 861 Pavel Telička

Proposal for a directive Article 66 – paragraph 6

Text proposed by the Commission Amendment

Or. en

Amendment 862 David Borrelli, Dario Tamburrano

Proposal for a directive Article 66 – paragraph 6

Text proposed by the Commission Amendment

PE601.017v01-00 20/179 AM\1118908XM.docx XM 6. National regulatory authorities shall 6. National regulatory authorities shall consider the impact of new market consider the impact of new market developments, such as in relation to developments. If these developments are commercial agreements, including co- not sufficiently important in order to investment agreements, which have been determine the need to undertake a new concluded or unforeseeably breached or market analysis in accordance with Article terminated affecting competitive 65, the national regulatory authority shall dynamics. If these developments are not assess whether it is necessary to review the sufficiently important in order to determine obligations imposed on operators the need to undertake a new market designated with significant market power analysis in accordance with Article 65, the in order to ensure that such obligations national regulatory authority shall assess continue to meet the conditions in whether it is necessary to review the paragraph 4. Such amendments shall only obligations imposed on operators be imposed following consultation in designated with significant market power accordance with Articles 23 and 32. in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.

Or. en

Justification

Necessary because in this paragraph the Commission’s proposal weakens the SMP regime, as it shifts the focus from the SMP regime to commercial access agreements.

Amendment 863 Fulvio Martusciello

Proposal for a directive Article 66 – paragraph 6

Text proposed by the Commission Amendment

6. National regulatory authorities shall 6. National regulatory authorities shall consider the impact of new market consider the impact of new market developments, such as in relation to developments. If these developments are commercial agreements, including co- not sufficiently important in order to investment agreements, which have been determine the need to undertake a new concluded or unforeseeably breached or market analysis in accordance with Article terminated affecting competitive 65, the national regulatory authority shall dynamics. If these developments are not assess whether it is necessary to review the sufficiently important in order to determine obligations imposed on operators the need to undertake a new market designated with significant market power analysis in accordance with Article 65, the in order to ensure that such obligations national regulatory authority shall assess continue to meet the conditions in whether it is necessary to review the paragraph 4. Such amendments shall only AM\1118908XM.docx 21/179 PE601.017v01-00 XM obligations imposed on operators be imposed following consultation in designated with significant market power accordance with Articles 23 and 32. in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.

Or. en

Amendment 864 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 66 – paragraph 6

Text proposed by the Commission Amendment

Or. en

Justification

The Commission’s proposal weakens the SMP regime. Commercial agreements are diverse, and some of them have the potential to create ineffectively competitive market outcomes. While the Commission’s proposal includes criteria in Annex IV as well as conditions against which coinvestment offers should be judged (compliance with which would entitle the co- PE601.017v01-00 22/179 AM\1118908XM.docx XM investment to effectively benefit from a regulatory holiday), these do not provide sufficient competition protections to warrant a relaxation of SMP regulation. It is also worth bearing in mind that coinvestments by their nature can lead to coordinated behaviour, which in turn could produce uncompetitive outcomes. Ultimately, the resulting reduction in competition could lead to higher prices and less innovation and choice for end-users. In its opinion BoR (16) 213 (p. 7), BEREC recognises “Once again, the risk is that in seeking to incentivise investment through regulatory forbearance, the Commission’s proposals could undermine competition, which in turn would impact on the virtuous cycle of competition- and demand- driven investment. The Commission’s proposals would therefore undermine their own ultimate goal of increasing high-speed connectivity.”

Amendment 865 Herbert Reul, Markus Pieper, Angelika Niebler

Proposal for a directive Article 66 – paragraph 6

Text proposed by the Commission Amendment

(6) Die nationalen (6) Die nationalen Regulierungsbehörden berücksichtigen die Regulierungsbehörden berücksichtigen die Auswirkungen neuer Marktentwicklungen, Auswirkungen neuer Marktentwicklungen, unter anderem im Zusammenhang mit unter anderem im Zusammenhang mit gewerblichen Vereinbarungen, bestehenden gewerblichen einschließlich Ko- Vereinbarungen, welche die Investitionsvereinbarungen, die Wettbewerbsdynamik beeinträchtigen. geschlossen oder aber unvorhersehbar Sollten diese Entwicklungen keine nicht eingehalten oder gekündigt werden hinreichende Bedeutung haben, die eine und die Wettbewerbsdynamik neue Marktanalyse nach Artikel 65 beeinträchtigen. Sollten diese rechtfertigen würde, so prüft die nationale Entwicklungen keine hinreichende Regulierungsbehörde, ob die den Bedeutung haben, die eine neue Betreibern mit beträchtlicher Marktmacht Marktanalyse nach Artikel 65 rechtfertigen auferlegten Verpflichtungen überprüft würde, so prüft die nationale werden müssen, um sicherzustellen, dass Regulierungsbehörde, ob die den diese Verpflichtungen weiterhin die Betreibern mit beträchtlicher Marktmacht Bedingungen in Absatz 4 erfüllen. Daraus auferlegten Verpflichtungen überprüft resultierende Änderungen dürfen nur nach werden müssen, um sicherzustellen, dass der Konsultation gemäß den Artikeln 23 diese Verpflichtungen weiterhin die und 32 vorgeschrieben werden. Bedingungen in Absatz 4 erfüllen. Daraus resultierende Änderungen dürfen nur nach der Konsultation gemäß den Artikeln 23 und 32 vorgeschrieben werden.

Or. de

AM\1118908XM.docx 23/179 PE601.017v01-00 XM Justification

Alle bestehenden Vereinbarungen, welche die Förderung eines nachhaltigen Wettbewerbs beeinflussen könnten, sollen bei der Bewertung der Marktentwicklung berücksichtigt werden.

Amendment 866 Werner Langen, Sabine Verheyen, Norbert Lins, Markus Pieper

Proposal for a directive Article 66 – paragraph 6 a (new)

Text proposed by the Commission Amendment

(6 a) Nationale Regulierungsbehörden stellen sicher, dass die von ihnen auferlegten Verpflichtungen eingehalten werden. Je nach Zuwiderhandlung sollten die nationalen Regulierungsbehörden die Möglichkeit haben, die im vorhinein festgelegten Sanktionen in Form von Geldbußen ((i) an die Behörde, (ii) an Endkunden, und/oder (iii) an andere Unternehmen), auszusprechen.

Or. de

Amendment 867 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 66 – paragraph 6 a (new)

Text proposed by the Commission Amendment

6 a. National regulatory authorities shall ensure that the obligations they impose are effective, even by way of imposing pecuniary sanctions in the event of a breach of the SMP obligations and the terms and conditions of access approved by the national regulatory authority.

Or. en

PE601.017v01-00 24/179 AM\1118908XM.docx XM Justification

The provision aims at ensuring that obligations imposed by NRAs are effectively taken into account and fulffiled, even by introducing pecuniary sanctions.

Amendment 868 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 67 – paragraph 3

Text proposed by the Commission Amendment

3. National regulatory authorities may 3. National regulatory authorities may specify the precise information to be made specify the precise information to be made available, the level of detail required and available, the level of detail required and the manner of publication. the manner of publication. In particular, where an operator has obligations of access to civil engineering and/or obligations of access to, and use of, specific network facilities, national regulatory authorities shall specify key performance indicators, and corresponding service level agreements, and if needed associated fee penalties, to be made available on the access provided, respectively, to the operators' own downstream activities and to beneficiaries of the access obligations.

Or. en

Justification

This provision aims at reinforcing the obligation of transparency by providing sufficient, clear and objective elements to evaluate the access provided.

Amendment 869 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 67 – paragraph 3 a (new)

Text proposed by the Commission Amendment

AM\1118908XM.docx 25/179 PE601.017v01-00 XM 3 a. In particular where an operator has obligations of access to civil engineering and/or obligations of access to, and use of, specific network facilities, national regulatory authorities shall specify key performance indicators as well as corresponding service level agreements and associated fee penalties, to be made available on the access provided, respectively, to the operators' own downstream activities and to beneficiaries of the access obligations. Notwithstanding paragraphs 2, 3 and 4, where an operator designated as having significant market power has obligations of access to civil engineering and/or obligations of access to, and use of, specific network facilities in accordance with Article (INSERT REFERENCE), national regulatory authorities shall ensure the publication of a reference offer containing at least the elements set out in Annex (INSERT REFERENCE).

Or. en

Amendment 870 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 68 – paragraph 2

Text proposed by the Commission Amendment

2. Obligations of non-discrimination 2. Obligations of non-discrimination shall ensure, in particular, that the operator shall ensure, in particular, that the operator applies equivalent conditions in equivalent applies equivalent conditions in equivalent circumstances to other undertakings circumstances to other undertakings providing equivalent services, and provides providing equivalent services, and provides services and information to others under services and information to others under the same conditions and of the same the same conditions and of the same quality as it provides for its own services, quality as it provides for its own services, or those of its subsidiaries or partners. In or those of its subsidiaries or partners. particular, in cases where the operator is National regulatory authorities may impose deploying new systems, national regulatory on that operator obligations to supply authorities may impose on that operator access products and services to all obligations to supply access products and undertakings, including to itself, on the services to all undertakings, including to same timescales, terms and conditions,

PE601.017v01-00 26/179 AM\1118908XM.docx XM itself, on the same timescales, terms and including those relating to price and conditions, including those relating to price service levels, and by means of the same and service levels, and by means of the systems and processes, in order to ensure same systems and processes, in order to equivalence of access. ensure equivalence of access.

Or. en

Amendment 871 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 68 – paragraph 2

Text proposed by the Commission Amendment

2. Obligations of non-discrimination 2. Obligations of non-discrimination shall ensure, in particular, that the operator shall ensure, in particular, that the operator applies equivalent conditions in equivalent applies equivalent conditions in equivalent circumstances to other undertakings circumstances to other undertakings providing equivalent services, and provides providing equivalent services, and provides services and information to others under services and information to others under the same conditions and of the same the same conditions and of the same quality as it provides for its own services, quality as it provides for its own services, or those of its subsidiaries or partners. In or those of its subsidiaries or partners. particular, in cases where the operator is National regulatory authorities may impose deploying new systems, national regulatory on that operator obligations to supply authorities may impose on that operator relevant information, access products and obligations to supply access products and services to all undertakings, including to services to all undertakings, including to itself, on the same timescales, terms and itself, on the same timescales, terms and conditions, including those relating to price conditions, including those relating to price and service levels, and by means of the and service levels, and by means of the same systems and processes, in order to same systems and processes, in order to ensure equivalence of access input. ensure equivalence of access.

Or. en

Justification

Limiting the obligation to “new systems” could ultimately render the whole Equivalence of Input (EoI) obligation redundant, as SMP operators will design any additional features always as an upgrade of existing systems. The NRA will have to prove if a system is new, but is prone to gaming by the SMP operator, which designed the system in the first place and hence has a clear advantage in terms of information and knowledge.

AM\1118908XM.docx 27/179 PE601.017v01-00 XM Amendment 872 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 70

Text proposed by the Commission Amendment

Article 70 deleted Access to civil engineering 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. 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.

Or. en

Amendment 873 Fulvio Martusciello

Proposal for a directive Article 70 – title

Text proposed by the Commission Amendment

PE601.017v01-00 28/179 AM\1118908XM.docx XM Access to civil engineering Access to civil engineering and to entire and shared physical network elements

Or. en

Amendment 874 Miapetra Kumpula-Natri, Edouard Martin, Dan Nica, Jeppe Kofod, Carlos Zorrinho, Victor Negrescu, Zigmantas Balčytis

Proposal for a directive Article 70 – title

Text proposed by the Commission Amendment

Access to civil engineering Access to civil engineering and to entire and shared physical network elements

Or. en

Justification

To comply with content

Amendment 875 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Marisa Matias, Cornelia Ernst

Proposal for a directive Article 70 – title

Text proposed by the Commission Amendment

Access to civil engineering Access to civil engineering and to entire and shared physical network elements

Or. en

Amendment 876 Miapetra Kumpula-Natri, Edouard Martin, Flavio Zanonato, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod

Proposal for a directive Article 70 – paragraph 1

AM\1118908XM.docx 29/179 PE601.017v01-00 XM Text proposed by the Commission Amendment

1. A national regulatory authority 1. A national regulatory authority may, in accordance with Article 66, impose may, in accordance with Article 66, where obligations on operators to meet it considers that denial of access or reasonable requests for access to, and use unreasonable terms and conditions of, civil engineering including, without having a similar effect would hinder the limitation, buildings or entries to buildings, emergence of a sustainable competitive building cables including wiring, antennae, market and would not be in the end-user's towers and other supporting constructions, interest: poles, masts, ducts, conduits, inspection a. impose obligations to meet reasonable chambers, manholes, and cabinets, in requests for access to, and use of civil situations where the market analysis engineering including, without limitation, indicates that denial of access or access buildings or entries to buildings, building given under unreasonable terms and cables including wiring, antennae, towers conditions having a similar effect would and other supporting constructions, poles, hinder the emergence of a sustainable masts, ducts, conduits, inspection competitive market at the retail level and chambers, manholes, and cabinets; would not be in the end-user's interest. b. impose 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 fiber terminating segments; c. impose obligations to share with third parties specified network elements, including shared access to the metallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments including wavelength division multiplexing and similar sharing solutions.

Or. en

Justification

Narrowing the scope of competition problems to the retail level creates uncertainty to the regulatory framework. Sufficient competition on the retail market results from functioning wholesale markets. However, we should not undermine the functioning of wholesale only model.

Amendment 877 Pavel Telička

Proposal for a directive Article 70 – paragraph 1

PE601.017v01-00 30/179 AM\1118908XM.docx XM Text proposed by the Commission Amendment

1. A national regulatory authority 1. A national regulatory authority may, in accordance with Article 66, impose may, in accordance with Article 66, where obligations on operators to meet it considers that denying access or setting reasonable requests for access to, and use conditions with a similar effect would of, civil engineering including, without hinder the emergence of a highly limitation, buildings or entries to buildings, competitive market and would not be in building cables including wiring, antennae, the end-user´s interest: towers and other supporting constructions, a. impose obligations to meet reasonable poles, masts, ducts, conduits, inspection requests for access to, and use of civil chambers, manholes, and cabinets, in engineering including, without limitation, situations where the market analysis buildings or entries to buildings, building indicates that denial of access or access cables including wiring, antennae, towers given under unreasonable terms and and other supporting constructions, poles, conditions having a similar effect would masts, ducts, conduits, inspection hinder the emergence of a sustainable chambers, manholes, and cabinets; competitive market at the retail level and b. impose obligations of access to, and use would not be in the end-user's interest. 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 fiber terminating segments; c. impose obligations to share with third parties specified network elements, including shared access to the metallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments including wavelength division multiplexing and similar sharing solutions.

Or. en

Amendment 878 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Marisa Matias, Cornelia Ernst

Proposal for a directive Article 70 – paragraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 879 Fulvio Martusciello

Proposal for a directive Article 70 – paragraph 1

Text proposed by the Commission Amendment

1. A national regulatory authority 1. A national regulatory authority may, in accordance with Article 66, impose may, in accordance with Article 66: obligations on operators to meet a.impose obligations to meet reasonable reasonable requests for access to, and use requests for access to, and use of civil of, civil engineering including, without engineering including, without limitation, limitation, buildings or entries to buildings, buildings or entries to buildings, building building cables including wiring, antennae, cables including wiring, antennae, towers towers and other supporting constructions, and other supporting constructions, poles, poles, masts, ducts, conduits, inspection masts, ducts, conduits, inspection chambers, manholes, and cabinets, in chambers, manholes, and cabinets;; situations where the market analysis b. impose obligations of access to, and use indicates that denial of access or access of, specific entire physical network given under unreasonable terms and elements and associated facilities, conditions having a similar effect would including unbundled access to the hinder the emergence of a sustainable metallic local loop and sub-loop as well as competitive market at the retail level and unbundled access to fiber loops and fiber would not be in the end-user's interest. terminating segments; c. impose obligations to share with third parties specified network elements, including shared access to the metallic local loop and sub-loop as well as shared access to fibred loops and fiber terminating segments including

PE601.017v01-00 32/179 AM\1118908XM.docx XM wavelength division multiplexing and similar sharing solutions.

Or. en

Amendment 880 Michał Boni, Henna Virkkunen, Jerzy Buzek

Proposal for a directive Article 70 – paragraph 1

Text proposed by the Commission Amendment

1. A national regulatory authority 1. A national regulatory authority may, in accordance with Article 66, impose may, in accordance with Article 66, impose obligations on operators to meet reasonable obligations on operators to meet reasonable requests for access to, and use of, civil requests for access to, and use of, civil engineering including, without limitation, engineering and passive infrastructure buildings or entries to buildings, building including, without limitation, buildings or cables including wiring, antennae, towers entries to buildings, building cables and other supporting constructions, poles, including wiring, antennae, towers and masts, ducts, conduits, inspection other supporting constructions, poles, chambers, manholes, and cabinets, in masts, ducts, inactive wireline situations where the market analysis transmission infrastructure including indicates that denial of access or access cable and fiber, conduits, inspection given under unreasonable terms and chambers, manholes, and cabinets, in conditions having a similar effect would situations where the market analysis hinder the emergence of a sustainable indicates that denial of access or access competitive market at the retail level and given under unreasonable terms and would not be in the end-user's interest. 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.

Or. en

Justification

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

Amendment 881 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Article 70 – paragraph 1

AM\1118908XM.docx 33/179 PE601.017v01-00 XM Text proposed by the Commission Amendment

(1) Die nationalen (1) Die nationalen Regulierungsbehörden können gemäß Regulierungsbehörden können gemäß Artikel 66 Betreiber dazu verpflichten, Artikel 66 Betreiber dazu verpflichten, angemessenen Anträgen auf Zugang zu angemessenen Anträgen auf Zugang zu baulichen Anlagen, wozu unter anderem baulichen Anlagen und passiven Gebäude oder Gebäudezugänge, Infrastrukturen, wozu unter anderem Verkabelungen in Gebäuden, Antennen, Gebäude oder Gebäudezugänge, Türme und andere Trägerstrukturen, Verkabelungen in Gebäuden, Antennen, Pfähle, Masten, Leitungsrohre, Leerrohre, Türme und andere Trägerstrukturen, Kontrollkammern, Einstiegsschächte und Pfähle, Masten, Leitungsrohre, inaktive Verteilerkästen gehören, und auf deren Übertragungsinfrastrukturen (wie z.B. Nutzung stattzugeben, wenn die Glasfaser und Kabel), Leerrohre, Marktanalyse ergibt, dass die Kontrollkammern, Einstiegsschächte und Verweigerung des Zugangs oder Verteilerkästen gehören, und auf deren unangemessene Bedingungen mit ähnlicher Nutzung stattzugeben, wenn die Wirkung die Entwicklung eines nachhaltig Marktanalyse ergibt, dass die wettbewerbsorientierten Marktes auf der Verweigerung des Zugangs oder Endkundenebene behindern oder den unangemessene Bedingungen mit ähnlicher Interessen der Endnutzer zuwiderlaufen Wirkung die Entwicklung eines nachhaltig würden. wettbewerbsorientierten Marktes auf der Endkundenebene behindern oder den Interessen der Endnutzer zuwiderlaufen würden.

Or. de

Amendment 882 Krišjānis Kariņš

Proposal for a directive Article 70 – paragraph 1

Text proposed by the Commission Amendment

1. A national regulatory authority 1. A national regulatory authority may, in accordance with Article 66, impose may, in accordance with Article 66, impose obligations on operators to meet reasonable obligations on operators to meet reasonable requests for access to, and use of, civil requests for access to, and use of, civil engineering including, without limitation, engineering including, without limitation, buildings or entries to buildings, building buildings or entries to buildings, building cables including wiring, antennae, towers cables including wiring, antennae, towers and other supporting constructions, poles, and other supporting constructions, poles, masts, ducts, conduits, inspection masts, ducts, conduits, inspection chambers, manholes, and cabinets, in chambers, manholes, and cabinets, if they situations where the market analysis are owned by the operator with significant indicates that denial of access or access market power, in situations where the given under unreasonable terms and market analysis indicates that denial of PE601.017v01-00 34/179 AM\1118908XM.docx XM conditions having a similar effect would access or access given under unreasonable hinder the emergence of a sustainable terms and conditions having a similar competitive market at the retail level and effect would hinder the emergence of a would not be in the end-user's interest. sustainable competitive market at the retail level and would not be in the end-user's interest.

Or. en

Amendment 883 Herbert Reul, Angelika Niebler

Proposal for a directive Article 70 – paragraph 1

Text proposed by the Commission Amendment

(1) Die nationalen (1) Die nationalen Regulierungsbehörden können gemäß Regulierungsbehörden können gemäß Artikel 66 Betreiber dazu verpflichten, Artikel 66 Betreiber dazu verpflichten, angemessenen Anträgen auf Zugang zu angemessenen Anträgen auf Zugang zu baulichen Anlagen, wozu unter anderem baulichen Anlagen und passiven Gebäude oder Gebäudezugänge, Infrastrukturen, wozu unter anderem Verkabelungen in Gebäuden, Antennen, Gebäude oder Gebäudezugänge, Türme und andere Trägerstrukturen, Verkabelungen in Gebäuden, Antennen, Pfähle, Masten, Leitungsrohre, Leerrohre, Türme und andere Trägerstrukturen, Kontrollkammern, Einstiegsschächte und Pfähle, Masten, Leitungsrohre, Leerrohre, Verteilerkästen gehören, und auf deren inaktive Leitungen, Kontrollkammern, Nutzung stattzugeben, wenn die Einstiegsschächte und Verteilerkästen Marktanalyse ergibt, dass die gehören, und auf deren Nutzung Verweigerung des Zugangs oder stattzugeben, wenn die Marktanalyse unangemessene Bedingungen mit ähnlicher ergibt, dass die Verweigerung des Zugangs Wirkung die Entwicklung eines nachhaltig oder unangemessene Bedingungen mit wettbewerbsorientierten Marktes auf der ähnlicher Wirkung die Entwicklung eines Endkundenebene behindern oder den nachhaltig wettbewerbsorientierten Interessen der Endnutzer zuwiderlaufen Marktes auf der Endkundenebene würden. behindern oder den Interessen der Endnutzer zuwiderlaufen würden.

Or. de

Justification

Zur Förderung des Netzausbaus ist bei der Auferlegung von Zugangsverpflichtungen der Zugang zu passiver Infrastruktur oder baulichen Anlagen zu priorisieren. Nur wenn dies nicht ausreicht, um einen nachhaltigen Wettbewerb auf Endkunden- und Vorleistungsebene im Sinne der Endnutzer zu fördern, sollte die aktive Mitbenutzung von Netzkomponenten ermöglicht werden.

AM\1118908XM.docx 35/179 PE601.017v01-00 XM

Amendment 884 Kaja Kallas, Marietje Schaake

Proposal for a directive Article 70 – paragraph 1

Text proposed by the Commission Amendment

1. A national regulatory authority 1. A national regulatory authority may, in accordance with Article 66, impose may, in accordance with Article 66, impose obligations on operators to meet reasonable obligations on operators to meet reasonable requests for access to, and use of, civil requests for access to, and use of, civil engineering including, without limitation, engineering including, without limitation, buildings or entries to buildings, building buildings or entries to buildings, building cables including wiring, antennae, towers cables including wiring, antennae, towers and other supporting constructions, poles, and other supporting constructions, poles, masts, ducts, conduits, inspection masts, ducts, conduits, inspection chambers, manholes, and cabinets, in chambers, manholes, and cabinets, in situations where the market analysis situations where the market analysis indicates that denial of access or access indicates that denial of access or access given under unreasonable terms and given under unreasonable terms and conditions having a similar effect would conditions having a similar effect would hinder the emergence of a sustainable hinder the emergence of long-term competitive market at the retail level and sustainable competition in the relevant would not be in the end-user's interest. markets and would not be in the end-user's interest.

Or. en

Justification

There are often several retail markets linked to one larger wholesale market, that might evolve more rapidly in different manners while barriers to entry remain in the relevant wholesale market, therefore the sole focus on retail market is not appropriate and should be replaced by long term sustainable competition in the relevant markets. In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 885 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 70 – paragraph 1

Text proposed by the Commission Amendment

PE601.017v01-00 36/179 AM\1118908XM.docx XM 1. A national regulatory authority 1. A national regulatory authority may, in accordance with Article 66, impose may, in accordance with Article 66, impose obligations on operators to meet reasonable obligations on operators to meet reasonable requests for access to, and use of, civil requests for access to, and use of, civil engineering including, without limitation, engineering including, without limitation, buildings or entries to buildings, building buildings or entries to buildings, building cables including wiring, antennae, towers cables including wiring, antennae, towers and other supporting constructions, poles, and other supporting constructions, poles, masts, ducts, conduits, inspection masts, ducts, conduits, inspection chambers, manholes, and cabinets, in chambers, manholes, and cabinets, in situations where the market analysis situations where the market analysis indicates that denial of access or access indicates that denial of access or access given under unreasonable terms and given under unreasonable terms and conditions having a similar effect would conditions having a similar effect would hinder the emergence of a sustainable hinder the emergence of a sustainable competitive market at the retail level and competitive market and would not be in the would not be in the end-user's interest. end-user's interest.

Or. en

Amendment 886 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Marisa Matias, Cornelia Ernst

Proposal for a directive Article 70 – paragraph 1 – point a (new)

Text proposed by the Commission Amendment

(a) impose obligations 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

Or. en

Amendment 887 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Marisa Matias, Cornelia Ernst

AM\1118908XM.docx 37/179 PE601.017v01-00 XM Proposal for a directive Article 70 – paragraph 1 – point b (new)

Text proposed by the Commission Amendment

(b) impose 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 fiber terminating segments;

Or. en

Amendment 888 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Marisa Matias, Cornelia Ernst

Proposal for a directive Article 70 – paragraph 1 – point c (new)

Text proposed by the Commission Amendment

(c) impose obligations to share with third parties specified network elements, including shared access to the metallic local loop and subloop as well as shared access to fibre loops and fibre terminating segments including wavelength division multiplexing and similar sharing solutions.

Or. en

Amendment 889 Miapetra Kumpula-Natri, Edouard Martin, Dan Nica, Jeppe Kofod, Carlos Zorrinho, Victor Negrescu, Zigmantas Balčytis

Proposal for a directive Article 70 – paragraph 1 a (new)

Text proposed by the Commission Amendment

PE601.017v01-00 38/179 AM\1118908XM.docx XM 1 a. 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 (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.

Or. en

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 890 Eva Kaili

Proposal for a directive Article 70 – paragraph 1 a (new)

AM\1118908XM.docx 39/179 PE601.017v01-00 XM Text proposed by the Commission Amendment

1 a. 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 (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.

Or. en

Amendment 891 Patrizia Toia

Proposal for a directive Article 70 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1 a. National regulators should however not impose access to ducts, conduits, inspection chambers, manholes, and cabinets from wholesale-only operators in the sense of Article 77, when PE601.017v01-00 40/179 AM\1118908XM.docx XM these operators offer a viable and similar alternative means of access to end-users in accordance with Article 3(3) of the Directive 2014/61/EU.

Or. en

Justification

In order to make the business model of vertically separate undertakings sustainable, wholesale only operators should not be obliged to provide access to their ducts to for example vertically integrated operators. This would take away economic incentives of the latter to use the networks of wholesale only operators and put at risk the prospective returns of investors in wholesale only networks.

Amendment 892 Kaja Kallas

Proposal for a directive Article 70 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1 a. A national regulatory authority shall ensure that where access to civil engineering such as access to ducts is limited due to availability, alternatives means of access such as dark fiber are imposed in accordance with article 71.

Or. en

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

Amendment 893 Pavel Telička

Proposal for a directive Article 70 – paragraph 2

Text proposed by the Commission Amendment

2. National regulatory authorities may 2. National regulatory authorities impose obligations on an operator to shall take account in particular of the AM\1118908XM.docx 41/179 PE601.017v01-00 XM provide access in accordance with this following factors: Article, irrespective of whether the assets (a) the technical and economic viability of that are affected by the obligation are part using or installing competing facilities, in of the relevant market in accordance with the light of the rate of market the market analysis, provided that the development, taking into account the obligation is necessary and proportionate nature and type of interconnection and/or to meet the objectives of Article 3. 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.

Or. en

Amendment 894 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 70 – paragraph 2

Text proposed by the Commission Amendment

2. National regulatory authorities may 2. National regulatory authorities impose obligations on an operator to shall take account in particular of the provide access in accordance with this following factors: 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.

PE601.017v01-00 42/179 AM\1118908XM.docx XM Or. en

Justification

Amendment 895 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 70 – paragraph 2 – point a (new)

Text proposed by the Commission Amendment

(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;

Or. en

Amendment 896 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 70 – paragraph 2 – point b (new)

Text proposed by the Commission Amendment

(b) the technological evolution affecting network design and management

Or. en

AM\1118908XM.docx 43/179 PE601.017v01-00 XM

Amendment 897 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 70 – paragraph 2 – point c (new)

Text proposed by the Commission Amendment

Or. en

Amendment 898 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 70 – paragraph 2 – point d (new)

Text proposed by the Commission Amendment

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

Or. en

Amendment 899 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 70 – paragraph 2 – point e (new)

Text proposed by the Commission Amendment

(e) the need to safeguard competition in the long term, with particular attention

PE601.017v01-00 44/179 AM\1118908XM.docx XM to economically efficient infrastructure based competition;

Or. en

Amendment 900 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 70 – paragraph 2 – point f (new)

Text proposed by the Commission Amendment

(f) the provision of pan-European services.

Or. en

Amendment 901 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 70 a (new)

Text proposed by the Commission Amendment

Article 70 a Access obligations beyond civil engineering In geographic areas where two access networks can be expected on a forward- looking basis and where at least one of the network operators offers wholesale access to any interested undertaking, on reasonable commercial terms permitting sustainable competition on the retail market, national regulatory authorities shall not impose or maintain wholesale access obligations, beyond access to civil infrastructure according to Article 3 of Directive 2014/61/EU.

Or. en

AM\1118908XM.docx 45/179 PE601.017v01-00 XM

Amendment 902 Miapetra Kumpula-Natri, Patrizia Toia, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod

Proposal for a directive Article 71 – title

Text proposed by the Commission Amendment

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

Or. en

Justification

In line with other AMs.

Amendment 903 Pavel Telička

Proposal for a directive Article 71 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Or. en

PE601.017v01-00 46/179 AM\1118908XM.docx XM Amendment 904 Fulvio Martusciello

Proposal for a directive Article 71 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Or. en

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

Proposal for a directive Article 71 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Only where a national regulatory authority A national regulatory authority may, in concludes that the obligations imposed in accordance with the provisions of Article accordance with Article 70 would not on 66, impose obligations on operators to their own lead to the achievement of the meet reasonable requests for access to, and objectives set out in Article 3, it may, in use of, specific network elements and accordance with the provisions of Article associated facilities, in situations where the 66, impose obligations on operators to national regulatory authority considers that meet reasonable requests for access to, and denial of access or unreasonable terms and use of, specific network elements and conditions having a similar effect would associated facilities, in situations where the hinder the emergence of a sustainable national regulatory authority considers that competitive market, or would not be in the denial of access or unreasonable terms and end-user's interest. AM\1118908XM.docx 47/179 PE601.017v01-00 XM 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.

Or. en

Justification

We need to ensure effective access to ducts and poles of SMP operators to ensure competition persists in the European markets.

Amendment 906 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 71 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Only where a national regulatory authority Only where a national regulatory authority concludes that the obligations imposed in concludes that the obligations imposed in accordance with Article 70 would not on accordance with Article 3 of Directive their own lead to the achievement of the 2014/61/EU would not on their own lead to objectives set out in Article 3, it may, in the achievement of the objectives set out in accordance with the provisions of Article Article 3, it may, in accordance with the 66, impose obligations on operators to provisions of Article 66, impose meet reasonable requests for access to, and obligations on operators to meet reasonable use of, specific network elements and requests for access to, and use of, specific associated facilities, in situations where the network elements and associated facilities, national regulatory authority considers that in situations where this is not to the denial of access or unreasonable terms and detriment of innovative developments conditions having a similar effect would such as very high capacity networks and hinder the emergence of a sustainable software emulated networks, and where competitive market at the retail level, and the national regulatory authority considers would not be in the end-user's interest. 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.

Or. en

Amendment 907 Michel Reimon on behalf of the Verts/ALE Group PE601.017v01-00 48/179 AM\1118908XM.docx XM Julia Reda, Cornelia Ernst

Proposal for a directive Article 71 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Only where a national regulatory authority A national regulatory authority may, in concludes that the obligations imposed in accordance with the provisions of Article accordance with Article 70 would not on 66, impose obligations on operators to their own lead to the achievement of the meet reasonable requests for access to, and objectives set out in Article 3, it may, in use of, specific network elements and accordance with the provisions of Article associated facilities, in situations where the 66, impose obligations on operators to national regulatory authority considers that meet reasonable requests for access to, and denial of access or unreasonable terms and use of, specific network elements and conditions having a similar effect would associated facilities, in situations where the hinder the emergence of a sustainable national regulatory authority considers that competitive market at the retail level, and denial of access or unreasonable terms and would not be in the end-user's interest. 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.

Or. en

Amendment 908 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 71 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Only where a national regulatory authority A national regulatory authority may, in concludes that the obligations imposed in accordance with the provisions of Article accordance with Article 70 would not on 66, impose obligations on operators to their own lead to the achievement of the meet reasonable requests for access to, and objectives set out in Article 3, it may, in use of, specific network elements and accordance with the provisions of Article associated facilities, in situations where the 66, impose obligations on operators to national regulatory authority considers that meet reasonable requests for access to, and denial of access or unreasonable terms and use of, specific network elements and conditions having a similar effect would associated facilities, in situations where the hinder the emergence of a sustainable national regulatory authority considers that competitive market at the retail level, and denial of access or unreasonable terms and would not be in the end-user's interest. conditions having a similar effect would hinder the emergence of a sustainable

AM\1118908XM.docx 49/179 PE601.017v01-00 XM competitive market at the retail level, and would not be in the end-user's interest.

Or. en

Amendment 909 Kaja Kallas

Proposal for a directive Article 71 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Only where a national regulatory authority A national regulatory authority may, in concludes that the obligations imposed in accordance with the provisions of Article accordance with Article 70 would not on 66, impose obligations on operators to their own lead to the achievement of the meet reasonable requests for access to, and objectives set out in Article 3, it may, in use of, specific network elements and accordance with the provisions of Article associated facilities, in situations where the 66, impose obligations on operators to national regulatory authority considers that meet reasonable requests for access to, and denial of access or unreasonable terms and use of, specific network elements and conditions having a similar effect would associated facilities, in situations where the hinder the emergence of long-term national regulatory authority considers that sustainable competition in the relevant denial of access or unreasonable terms and markets, and would not be in the end-user's conditions having a similar effect would interest. hinder the emergence of a sustainable competitive market at the retail level, and would not be in the end-user's interest.

Or. en

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

Amendment 910 Herbert Reul, Angelika Niebler

PE601.017v01-00 50/179 AM\1118908XM.docx XM Proposal for a directive Article 71 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Nur wenn die nationalen Nur wenn die nationalen Regulierungsbehörden zu dem Schluss Regulierungsbehörden zu dem Schluss gelangen, dass die nach Artikel 70 gelangen, dass die nach Artikel 70 auferlegten Verpflichtungen allein nicht auferlegten Verpflichtungen allein nicht ausreichen würden, die in Artikel 3 ausreichen würden, die in Artikel 3 genannten Ziele zu erreichen, können sie genannten Ziele zu erreichen, können sie gemäß Artikel 66 Betreiber dazu gemäß Artikel 66 Betreiber dazu verpflichten, berechtigten Anträgen auf verpflichten, berechtigten Anträgen auf Zugang zu bestimmten Netzkomponenten Zugang zu bestimmten Netzkomponenten und zugehörigen Einrichtungen und auf und zugehörigen Einrichtungen und auf deren Nutzung stattzugeben, wenn die deren Nutzung stattzugeben, wenn die nationale Regulierungsbehörde der nationale Regulierungsbehörde der Auffassung ist, dass die Verweigerung des Auffassung ist, dass die Verweigerung des Zugangs oder unangemessene Zugangs oder unangemessene Bedingungen mit ähnlicher Wirkung die Bedingungen mit ähnlicher Wirkung die Entwicklung eines nachhaltig Entwicklung eines nachhaltig wettbewerbsorientierten Marktes auf wettbewerbsorientierten Marktes auf Endkundenebene behindern und den Endkunden- und Vorleistungsebene Interessen der Endnutzer zuwiderlaufen behindern und den Interessen der würden. Endnutzer zuwiderlaufen würden.

Or. de

Justification

Es muss sichergestellt werden, dass sich auf allen Ebenen, also auch auf dem Vorleistungsmarkt, ein nachhaltiger Wettbewerb entwickelt.

Amendment 911 Evžen Tošenovský

Proposal for a directive Article 71 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

AM\1118908XM.docx 51/179 PE601.017v01-00 XM use of, specific network elements and and use of, specific network elements and associated facilities, in situations where the associated facilities, in situations where the national regulatory authority considers that national regulatory authority considers that denial of access or unreasonable terms and denial of access or unreasonable terms and conditions having a similar effect would conditions having a similar effect would hinder the emergence of a sustainable hinder the emergence of a sustainable competitive market at the retail level, and competitive market at the retail level, and would not be in the end-user's interest. would not be in the end-user's interest.

Or. en

Amendment 912 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – introductory part

Text proposed by the Commission Amendment

Operators may be required inter alia: National regulatory authorities may impose inter alia:

Or. en

Amendment 913 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – introductory part

Text proposed by the Commission Amendment

Operators may be required inter alia: Operators may be required:

Or. en

Amendment 914 Pavel Telička

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission Amendment

PE601.017v01-00 52/179 AM\1118908XM.docx XM (a) to give third parties access to (a) to give third parties access to specified network elements and/or specified non-physical network elements facilities, as appropriate including access including active services; to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;

Or. en

Amendment 915 Fulvio Martusciello

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission Amendment

(a) to give third parties access to (a) to give third parties access to specified network elements and/or specified non-physical network elements facilities, as appropriate including access including active services; to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;

Or. en

Amendment 916 David Borrelli, Dario Tamburrano

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission Amendment

(a) to give third parties access to (a) to give third parties access to specified network elements and/or specified non-physical network elements facilities, as appropriate including access including active services; to network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;

Or. en

Justification

This amendment aims at ensuring the priority of passive access over active access remedies.

AM\1118908XM.docx 53/179 PE601.017v01-00 XM

Amendment 917 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission Amendment

(a) to give third parties access to (a) to give third parties access to specified network elements and/or specified non-physical network elements facilities, as appropriate including access and/or facilities, as appropriate including to network elements which are either not active services under transparent and active or physical and/or active or virtual regulated tariff conditions, which at least unbundled access to the local loop; make it possible to reproduce the tariffs of the retail offers of the regulated operator;

Or. en

Amendment 918 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission Amendment

(a) to give third parties access to (a) to give third parties access at a specified network elements and/or single network layer that best addresses facilities, as appropriate including access the problem identified at retail level as to network elements which are either not appropriate including access to network active or physical and/or active or virtual elements which are either not active (or unbundled access to the local loop; physical) or active (or virtual) access to the local loop;

Or. en

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

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a

PE601.017v01-00 54/179 AM\1118908XM.docx XM Text proposed by the Commission Amendment

(a) to give third parties access to (a) obligations of access to, and use specified network elements and/or of, specific entire physical network facilities, as appropriate including access elements and associated facilities, to network elements which are either not including unbundled access to the active or physical and/or active or virtual metallic local loop and sub-loop as well as unbundled access to the local loop; unbundled access to fibre loops and fibre terminating segments

Or. en

Amendment 920 Michał Boni

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission Amendment

(a) to give third parties access to (a) to give third parties access to specified network elements and/or specified network elements and/or facilities, as appropriate including access to facilities, as appropriate including access to network elements which are either not any active network elements and/or virtual active or physical and/or active or virtual unbundled access to the local loop; unbundled access to the local loop;

Or. en

Justification

It is suggested to clarify that Article 71 applies to active network elements only, while Article 70 addresses the regulation of passive infrastructure.

Amendment 921 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission Amendment a) die Verpflichtung, Dritten Zugang a) die Verpflichtung, Dritten Zugang zu bestimmten Netzkomponenten und/oder zu bestimmten Netzkomponenten und/oder -einrichtungen, einschließlich des Zugangs -einrichtungen, einschließlich des Zugangs zu nicht aktiven oder physischen zu jeglichen aktiven Netzkomponenten Netzkomponenten und/oder des aktiv oder

AM\1118908XM.docx 55/179 PE601.017v01-00 XM virtuell entbündelten Zugangs zum und/oder virtuell entbündelten Zugangs Teilnehmeranschluss, zu gewähren; zum Teilnehmeranschluss, zu gewähren;

Or. de

Amendment 922 Herbert Reul, Angelika Niebler

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission Amendment

a) die Verpflichtung, Dritten Zugang a) die Verpflichtung, Dritten Zugang zu bestimmten Netzkomponenten und/oder zu bestimmten Netzkomponenten und/oder -einrichtungen, einschließlich des Zugangs -einrichtungen, einschließlich des Zugangs zu nicht aktiven oder physischen zu aktiven Netzkomponenten und/oder des Netzkomponenten und/oder des aktiv oder aktiv oder virtuell entbündelten Zugangs virtuell entbündelten Zugangs zum zum Teilnehmeranschluss, zu gewähren; Teilnehmeranschluss, zu gewähren;

Or. de

Justification

Amendment 923 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point a a (new)

Text proposed by the Commission Amendment

(a a) obligations to share with third parties specified network elements, including shared access to the metallic local loop and sub-loop as well as shared access to fibre loops and fibre terminating segments, including wavelength division

PE601.017v01-00 56/179 AM\1118908XM.docx XM multiplexing and similar sharing solutions;

Or. en

Amendment 924 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point b

Text proposed by the Commission Amendment

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

Or. en

Amendment 925 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point c

Text proposed by the Commission Amendment

Or. en

Amendment 926 Fulvio Martusciello

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point c a (new)

Text proposed by the Commission Amendment

(c a) to provide specified services on a wholesale basis for resale by third parties;

Or. en AM\1118908XM.docx 57/179 PE601.017v01-00 XM

Amendment 927 David Borrelli, Dario Tamburrano

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point c a (new)

Text proposed by the Commission Amendment

(c a) to provide specified services on a wholesale basis for resale by third parties;

Or. en

Justification

This is a new point b. This amendment aims at ensuring the priority of passive access over active access remedies.

Amendment 928 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point c a (new)

Text proposed by the Commission Amendment

(c a) to provide specified services on a wholesale basis for resale by third parties;

Or. en

Justification

This amendments are aimed at ensuring the priority of passive access over active access remedies. The main reason is that active products, although important for operators in order to climb the ladder of investment, are not a valid substitute to passive wholesale access both in copper and fibre networks.

Amendment 929 Evžen Tošenovský

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point c a (new)

PE601.017v01-00 58/179 AM\1118908XM.docx XM Text proposed by the Commission Amendment

(c a) to provide specified services on a wholesale basis for resale by third parties

Or. en

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

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point d

Text proposed by the Commission Amendment

(d) to grant open access to technical deleted interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;

Or. en

Amendment 931 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point d

Text proposed by the Commission Amendment

(d) to grant open access to technical (d) to grant open access to technical interfaces, protocols or other key interfaces, protocols or other key technologies that are indispensable for the technologies that are indispensable for the interoperability of services or virtual interoperability of services; network services;

Or. en

Amendment 932 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia

Proposal for a directive AM\1118908XM.docx 59/179 PE601.017v01-00 XM Article 71 – paragraph 1 – subparagraph 2 – point e

Text proposed by the Commission Amendment

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

Or. en

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

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point f

Text proposed by the Commission Amendment

(f) to provide specified services deleted needed to ensure interoperability of end- to-end services to users, including facilities for software emulated networks or roaming on mobile networks;

Or. en

Amendment 934 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point f

Text proposed by the Commission Amendment

(f) to provide specified services (f) to provide specified services needed to ensure interoperability of end-to- needed to ensure interoperability of end-to- end services to users, including facilities end services to users, including facilities for software emulated networks or for roaming on mobile networks; roaming on mobile networks;

Or. en

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

PE601.017v01-00 60/179 AM\1118908XM.docx XM

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point g

Text proposed by the Commission Amendment

(g) to provide access to operational deleted support systems or similar software systems necessary to ensure fair competition in the provision of services;

Or. en

Amendment 936 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point h

Text proposed by the Commission Amendment

(h) to interconnect networks or deleted network facilities;

Or. en

Amendment 937 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia

Proposal for a directive Article 71 – paragraph 1 – subparagraph 2 – point i

Text proposed by the Commission Amendment

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

Or. en

Amendment 938 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia

AM\1118908XM.docx 61/179 PE601.017v01-00 XM

Proposal for a directive Article 71 – paragraph 1 – subparagraph 3

Text proposed by the Commission Amendment

National regulatory authorities may deleted attach to those obligations conditions covering fairness, reasonableness and timeliness.

Or. en

Amendment 939 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 71 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

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

Or. en

PE601.017v01-00 62/179 AM\1118908XM.docx XM Justification

Before intervening in wholesale markets, NRAs would have to demonstrate that their intervention corresponds to a retail problem. The focus on retail markets would lead to the automatic de-regulation of wholesale markets in many cases, and would ultimately lead to the monopolisation or ‘duopolisation’. In addition, retail competition of the kind where all retail providers are dependent on one wholesale provider is not sustainable in the long run and only amounts to ‘fake-competition’ and could lead to higher prices and less innovation and choice for end-users.

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

Amendment 940 David Borrelli, Dario Tamburrano

Proposal for a directive Article 71 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

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

Or. en

AM\1118908XM.docx 63/179 PE601.017v01-00 XM Justification

The focus on retail markets would lead to the automatic de-regulation of wholesale markets in many cases. Furthermore, The mere existence of a “prospective commercial access offer” should not be a sufficient basis upon which to require regulatory forbearance.

Amendment 941 Pavel Telička

Proposal for a directive Article 71 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

Or. en

Amendment 942 Fulvio Martusciello

Proposal for a directive Article 71 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

PE601.017v01-00 64/179 AM\1118908XM.docx XM 2. When national regulatory 2. When national regulatory authorities are considering the authorities shall take account in particular appropriateness of imposing any of the of the following factors: possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:

Or. en

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

Proposal for a directive Article 71 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. When national regulatory 2. They shall take account in authorities are considering the particular of the following factors:(a) the appropriateness of imposing any of the technical and economic viability of using possible specific obligations referred in or installing competing facilities, in the paragraph 1, and in particular when light of the rate of market development, assessing, in conformity with the principle taking into account the nature and type of of proportionality, whether and how such interconnection and/or access involved, obligations should be imposed, they shall including the viability of other upstream analyse whether other forms of access to access products such as access to ducts; wholesale inputs either on the same or a (b) the technological evolution affecting related wholesale market, would already network design and management be sufficient to address the identified (cb) the feasibility of providing the access problem at the retail level. The assessment proposed, in relation to the capacity shall include existing or prospective available; commercial access offers, regulated (dc) the initial investment by the facility access pursuant to Article 59, or existing owner, taking account of any public or contemplated regulated access to other investment made and the risks involved in AM\1118908XM.docx 65/179 PE601.017v01-00 XM wholesale inputs pursuant to this Article. making the investment ; They shall take account in particular of (ed) the need to safeguard competition in the following factors: the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.

Or. en

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

Proposal for a directive Article 71 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

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

Or. en

Justification

This provision aims at ensuring that the assessment should reflect significant market changes

PE601.017v01-00 66/179 AM\1118908XM.docx XM

Amendment 945 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Article 71 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

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

Or. de

Amendment 946 Michał Boni

Proposal for a directive Article 71 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. When national regulatory 2. When national regulatory authorities are considering the authorities are considering the AM\1118908XM.docx 67/179 PE601.017v01-00 XM appropriateness of imposing any of the appropriateness of imposing any of the possible specific obligations referred in possible specific obligations referred in paragraph 1, and in particular when paragraph 1, and in particular when assessing, in conformity with the principle assessing, in conformity with the principle of proportionality, whether and how such of proportionality, whether and how such obligations should be imposed, they shall obligations should be imposed, they shall analyse whether other forms of access to analyse whether other forms of access to wholesale inputs either on the same or a wholesale inputs either on the same or a related wholesale market, would already be related wholesale market, would already be sufficient to address the identified problem sufficient to address the identified problem at the retail level. The assessment shall at the retail level. The assessment shall include existing or prospective commercial include existing commercial access offers, access offers, regulated access pursuant to regulated access pursuant to Article 59, or Article 59, or existing or contemplated existing regulated access to other regulated access to other wholesale inputs wholesale inputs pursuant to this Article pursuant to this Article. They shall take but shall at all time be adapted so as to account in particular of the following reflect significant market changes. They factors: shall take account in particular of the following factors:

Or. en

Justification

Article 71 provides that, in their assessment, NRAs should include existing or prospective commercial access offers and existing or contemplated regulated access. Including prospective offers and contemplated access however reduces predictability and legal certainty for providers of electronic communications services and networks. Consequently, only existing commercial access offers or regulated access should be taken into account. In addition, this provision should expressly provide that such assessment should at all times reflect significant market changes so as to avoid the situation that obligations that are no longer justified are maintained.

Amendment 947 Kaja Kallas

Proposal for a directive Article 71 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. When national regulatory 2. When national regulatory authorities are considering the authorities are considering the appropriateness of imposing any of the appropriateness of imposing any of the possible specific obligations referred in possible specific obligations referred in paragraph 1, and in particular when paragraph 1, and in particular when assessing, in conformity with the principle assessing, in conformity with the principle of proportionality, whether and how such of proportionality, whether and how such obligations should be imposed, they shall obligations should be imposed, they shall PE601.017v01-00 68/179 AM\1118908XM.docx XM analyse whether other forms of access to analyse whether other forms of access to wholesale inputs either on the same or a wholesale inputs either on the same or a related wholesale market, would already be related wholesale market, would already be sufficient to address the identified problem sufficient to address the identified problem at the retail level. The assessment shall in the relevant markets. The assessment include existing or prospective commercial shall include existing or prospective access offers, regulated access pursuant to commercial access offers, regulated access Article 59, or existing or contemplated pursuant to Article 59, or existing or regulated access to other wholesale inputs contemplated regulated access to other pursuant to this Article. They shall take wholesale inputs pursuant to this Article. account in particular of the following They shall take account in particular of the factors: following factors:

Or. en

Justification

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

Proposal for a directive Article 71 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) the technical and economic deleted 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;

Or. en

Amendment 949 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia AM\1118908XM.docx 69/179 PE601.017v01-00 XM

Proposal for a directive Article 71 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) the expected technological deleted evolution affecting network design and management

Or. en

Amendment 950 Pavel Telička

Proposal for a directive Article 71 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) the expected technological (b) the technological evolution evolution affecting network design and affecting network design and management management

Or. en

Amendment 951 Fulvio Martusciello

Proposal for a directive Article 71 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) the expected technological (b) the technological evolution evolution affecting network design and affecting network design and management management

Or. en

Amendment 952 Kaja Kallas

Proposal for a directive Article 71 – paragraph 2 – point b a (new)

PE601.017v01-00 70/179 AM\1118908XM.docx XM

Text proposed by the Commission Amendment

(b a) the need to ensure technology neutrality enabling access seekers to design and manage their own network

Or. en

Justification

Without prejudice to SMP operators freedom to develop their own network architecture, regulators should ensure that the remedies adopted are forward looking by providing incentives for the development of open and flexible network architecture, that would enable the adoption of less burdensome and complex remedies.

Amendment 953 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia

Proposal for a directive Article 71 – paragraph 2 – point c

Text proposed by the Commission Amendment

Or. en

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

Proposal for a directive Article 71 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) the initial investment by the facility deleted owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networks;

AM\1118908XM.docx 71/179 PE601.017v01-00 XM Or. en

Amendment 955 Fulvio Martusciello

Proposal for a directive Article 71 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) the initial investment by the facility (d) the initial investment by the facility owner, taking account of any public owner, taking account of any public investment made and the risks involved in investment made and the risks involved in making the investment with particular making the investment; regard to investments in and risk levels associated with very high capacity networks;

Or. en

Amendment 956 Pavel Telička

Proposal for a directive Article 71 – paragraph 2 – point d

Text proposed by the Commission Amendment

Or. en

Amendment 957 David Borrelli, Dario Tamburrano

Proposal for a directive Article 71 – paragraph 2 – point d

Text proposed by the Commission Amendment

PE601.017v01-00 72/179 AM\1118908XM.docx XM (d) the initial investment by the facility (d) the initial investment by the facility owner, taking account of any public owner, taking account of any public investment made and the risks involved in investment made and the risks involved in making the investment with particular making the investment; regard to investments in and risk levels associated with very high capacity networks;

Or. en

Justification

Necessary in order to avoid that virtual products would be considered as a substitute (instead of a complement) to passive access products.

Amendment 958 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 71 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) the initial investment by the facility (d) the initial investment by the facility owner, taking account of any public owner, taking account of any public investment made and the risks involved in investment made and the risks involved in making the investment with particular making the investment with particular regard to investments in and risk levels regard to investments; associated with very high capacity networks;

Or. en

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

Proposal for a directive Article 71 – paragraph 2 – point e

Text proposed by the Commission Amendment

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

AM\1118908XM.docx 73/179 PE601.017v01-00 XM based competition and to sustainable competition based on co-investment in networks;

Or. en

Amendment 960 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 71 – paragraph 2 – point e

Text proposed by the Commission Amendment

(e) the need to safeguard competition (e) the need to safeguard competition in the long term, with particular attention in the long term, with particular attention to economically efficient infrastructure- to economically efficient infrastructure- based competition and to sustainable based competition and to sustainable competition based on co-investment in competition such as those based on co- networks; investment in networks and other innovative commercial business models;

Or. en

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

Proposal for a directive Article 71 – paragraph 2 – point e

Text proposed by the Commission Amendment

(e) the need to safeguard competition (e) the need to safeguard competition in the long term, with particular attention in the long term, with particular attention to economically efficient infrastructure- to economically efficient infrastructure- based competition and to sustainable based competition and to sustainable competition based on co-investment in competition based on innovative networks; commercial business models such as, but not only, co-investment in networks;

Or. en

Justification

Recital 166 introduces the need to take into account newly concluded voluntary agreements between operators in order to provide regulatory flexibility. Co-investment is a particular case, but not the only one PE601.017v01-00 74/179 AM\1118908XM.docx XM

Amendment 962 David Borrelli, Dario Tamburrano

Proposal for a directive Article 71 – paragraph 2 – point e

Text proposed by the Commission Amendment

Or. en

Justification

Necessary because some of the co-investment schemes have the potential to create ineffectively competitive market outcomes.

Amendment 963 Pavel Telička

Proposal for a directive Article 71 – paragraph 2 – point e

Text proposed by the Commission Amendment

Or. en

Amendment 964 Fulvio Martusciello

Proposal for a directive Article 71 – paragraph 2 – point e

AM\1118908XM.docx 75/179 PE601.017v01-00 XM Text proposed by the Commission Amendment

Or. en

Amendment 965 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 71 – paragraph 2 – point e

Text proposed by the Commission Amendment

Or. en

Justification

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

Amendment 966 PE601.017v01-00 76/179 AM\1118908XM.docx XM Kaja Kallas

Proposal for a directive Article 71 – paragraph 2 – point e

Text proposed by the Commission Amendment

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 967 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia

Proposal for a directive Article 71 – paragraph 2 – point f

Text proposed by the Commission Amendment

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

Or. en

Amendment 968 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia

Proposal for a directive Article 71 – paragraph 2 – point g

Text proposed by the Commission Amendment

(g) the provision of pan-European deleted services.

AM\1118908XM.docx 77/179 PE601.017v01-00 XM Or. en

Amendment 969 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 71 – paragraph 2 – point g a (new)

Text proposed by the Commission Amendment

(g a) the existence of a broad choice of offers and providers for fixed and mobile access, for each consumer in Europe irrespective of their place of residence;

Or. en

Amendment 970 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Marisa Matias, Cornelia Ernst

Proposal for a directive Article 71 – paragraph 2 – point g b (new)

Text proposed by the Commission Amendment

(g b) the development of a democratic society in the digital era allowing free access to information and expression for all citizens of Europe;

Or. en

Amendment 971 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 71 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2 a. In order to account for the long- term interest of end-users, national PE601.017v01-00 78/179 AM\1118908XM.docx XM regulatory authorities should focus more on facilitating network investments by all operators. Regulation should not be to the detriment of innovative developments, in particular very high capacity networks, software defined networks and network function virtualisation. Only where strictly necessary to safeguard competition and where no alternative access possibilities, including access based on commercial agreements, exist, regulated access should be maintained in an appropriate and balanced manner, i.e. at a single network layer. Regulated access at multiple network layers has led to unnecessarily high complexity with regard to the consistency of regulated wholesale products at different network layers and unduly restricts flexibility and commercial freedom in the dynamic telecoms market environment. Limiting access to a single network layer that best addresses the problem identified at the retail level will significantly reduce regulatory costs and the potential for regulatory gaming by market players, leading to more efficient and appropriate outcomes. In this regard, national regulatory authorities should assess whether active or passive access is more appropriate in consideration of national or local circumstances. As unbundling is detrimental to network investments by allowing 'cream-skimming' of the most profitable customers at average cost, there should no longer be an obligation to provide unbundled access, which undermines investment models based on product and price differentiation.

Or. en

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

Proposal for a directive Article 71 – paragraph 3

AM\1118908XM.docx 79/179 PE601.017v01-00 XM Text proposed by the Commission Amendment

3. When imposing obligations on an 3. This is without prejudice to operator to provide access in accordance national regulatory authorities giving with the provisions of this Article, national consideration in addition to imposing regulatory authorities may lay down each of the obligations on an operator in technical or operational conditions to be accordance with Article 72. met by the provider and/or beneficiaries of such access where necessary to ensure normal operation of the network. Obligations to follow specific technical standards or specifications shall be in compliance with the standards and specifications laid down in accordance with Article 39.

Or. en

Amendment 973 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 72 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

A national regulatory authority may, in A national regulatory authority may, in accordance with the provisions of Article accordance with the provisions of Article 66, impose obligations relating to cost 66, impose obligations relating to cost recovery and price controls, including recovery and price controls, including obligations for cost orientation of prices obligations concerning cost accounting and obligations concerning cost systems, for the provision of specific types accounting systems, for the provision of of interconnection and/or access, in specific types of interconnection and/or situations where a market analysis access, in situations where a market indicates a lack of effective competition. A analysis indicates that a lack of effective national regulatory authority may only competition means that the operator impose price controls that ensure fair and concerned may sustain prices at an reasonable prices and do not negatively excessively high level, or may apply a impact investments. When applied, a price price squeeze, to the detriment of end- control shall meet the following users. cumulative conditions: (a) the price control ensures recovery of all investments connected to the deployment of new networks and fully incorporates the risks associated with these investments; (b) the price control does not lead to a situation where the investing operator is put at a disadvantage compared to non- PE601.017v01-00 80/179 AM\1118908XM.docx XM investing operators or lead to a situation under which an investment would not have been made in the first place; (c) the price control avoids undue profit margins for access seekers to the detriment of the investing operator and appropriately reflects differences in the risks taken by different access seekers.

Or. en

Amendment 974 Patrizia Toia

Proposal for a directive Article 72 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

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

Or. en

Justification

Principles of cost orientation and economic replicability should allow NRA to guarantee low prices for consumers

Amendment 975 David Borrelli, Dario Tamburrano AM\1118908XM.docx 81/179 PE601.017v01-00 XM

Proposal for a directive Article 72 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

Or. en

Justification

This amendment aims at avoiding the removal and replacement of cost orientation with economic replicability tests, because these tests are not substitute of price control.

Amendment 976 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 72 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

PE601.017v01-00 82/179 AM\1118908XM.docx XM In particular, to encourage investments by rate of return on adequate capital the operator, including in next-generation employed, taking into account any risks networks, national regulatory authorities specific to a particular new investment shall take into account the investment network project. made by the operator. Where the national regulatory authorities deem price controls appropriate, they shall allow the operator a reasonable rate of return on adequate capital employed, taking into account any risks specific to a particular new investment network project.

Or. en

Justification

Price control is an essential element of access regulation and should not be conditioned to any other criteria.

Amendment 977 Kaja Kallas

Proposal for a directive Article 72 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

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

Or. en

AM\1118908XM.docx 83/179 PE601.017v01-00 XM Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 978 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 72 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

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

Or. en

Amendment 979 Kaja Kallas

Proposal for a directive Article 72 – paragraph 1 – subparagraph 3

Text proposed by the Commission Amendment

PE601.017v01-00 84/179 AM\1118908XM.docx XM in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective and non discriminatory access.

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 980 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 72 – paragraph 1 – subparagraph 3

Text proposed by the Commission Amendment

National regulatory authorities shall not deleted impose or maintain obligations pursuant to this Article, where they establish that a demonstrable retail price constraint is present and that any obligations imposed in accordance with Articles 67 to 71, including in particular any economic replicability test imposed in accordance with Article 68 ensures effective and non discriminatory access.

Or. en

Justification

Current provisions for co-investment practices do not allow non-profit or local ISPs to participate in the investments, restricting this opportunity only to larger and incumbent actors. Although Community Networks (CN) and local actors have proven succesful in connecting underprivileged communities both in urban and rural areas, it would be only normal to considered them equal members of the telecoms ecosystem, thus giving them fair and equal access to co-investment opportunities.

Moreover, co-investment in a certain area must be considered as an oligopoly of a few powerful actors that work as a cartel.

AM\1118908XM.docx 85/179 PE601.017v01-00 XM This is thus not acceptable to reduce the obligations. Furthermore, the access to co- investment agreement shall be affordable for small operators.

Amendment 981 David Borrelli, Dario Tamburrano

Proposal for a directive Article 72 – paragraph 1 – subparagraph 3

Text proposed by the Commission Amendment

Or. en

Justification

This amendment aims at avoiding the removal and replacement of cost orientation with economic replicability tests, because these tests are not substitute of price control.

Amendment 982 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 72 – paragraph 1 – subparagraph 3

Text proposed by the Commission Amendment

National regulatory authorities shall not National regulatory authorities shall not impose or maintain obligations pursuant to impose or maintain obligations pursuant to this Article, where they establish that a this Article, either for new network demonstrable retail price constraint is elements in case a network roll-out present and that any obligations imposed in contributes to the availability of very-high accordance with Articles 67 to 71, capacity networks or where they establish including in particular any economic that a demonstrable retail price constraint replicability test imposed in accordance is present and that any obligations imposed with Article 68 ensures effective and non in accordance with Articles 67 to 71, discriminatory access. including in particular any economic replicability test imposed in accordance PE601.017v01-00 86/179 AM\1118908XM.docx XM with Article 68 ensures effective non discrimination of access.

Or. en

Amendment 983 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 72 – paragraph 3

Text proposed by the Commission Amendment

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

Or. en

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

Proposal for a directive Article 72 a (new)

Text proposed by the Commission Amendment

Article 72 a Other access-related obligations 1. A national regulatory authority may, in accordance with the provisions of Article 66, impose:

AM\1118908XM.docx 87/179 PE601.017v01-00 XM (a) to give third parties access to specified active network elements and services; (b) to provide specified services on a wholesale basis for resale by third parties; (c) to negotiate in good faith with undertakings requesting access; (d) not to withdraw access to facilities already granted; (ee) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; (ff) to provide co-location or other forms of associated facilities sharing; (gg) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for software emulated networks or roaming on mobile networks; (hh) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; (i) to interconnect networks or network facilities; (j) to provide access to associated services such as identity, location and presence service. National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness. 2. They shall take account in particular of the following factors: (a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts;

PE601.017v01-00 88/179 AM\1118908XM.docx XM (b) the technological evolution affecting network design and management (cb) the feasibility of providing the access proposed, in relation to the capacity available; (dc) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment ; (ed) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition; (fe) where appropriate, any relevant intellectual property rights; (g) the provision of pan-European services.

Or. en

Amendment 985 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 73

Text proposed by the Commission Amendment

[...] deleted

Or. en

Amendment 986 Edouard Martin

Proposal for a directive Article 73 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Where a national regulatory authority Where a national regulatory authority imposes obligations relating to cost imposes obligations relating to cost recovery and price controls on operators recovery and price controls on a market for designated as having significant market wholesale voice call termination, it shall power on a market for wholesale voice call set maximum symmetric termination rates AM\1118908XM.docx 89/179 PE601.017v01-00 XM termination, it shall set maximum based on the costs incurred by an efficient symmetric termination rates based on the operator. The evaluation of efficient costs costs incurred by an efficient operator. The shall be based on current cost values. The evaluation of efficient costs shall be based cost methodology to calculate efficient on current cost values. The cost costs shall be based on a bottom-up methodology to calculate efficient costs modelling approach using long-run shall be based on a bottom-up modelling incremental traffic-related costs of approach using long-run incremental providing the wholesale voice call traffic-related costs of providing the termination service to third parties. wholesale voice call termination service to third parties.

Or. en

Amendment 987 Evžen Tošenovský

Proposal for a directive Article 73 – paragraph 2

Text proposed by the Commission Amendment

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

Or. en

Amendment 988 Dan Nica, Peter Kouroumbashev, Miapetra Kumpula-Natri

Proposal for a directive Article 73 – paragraph 2

Text proposed by the Commission Amendment

2. By [date] the Commission shall, deleted after having consulted BEREC, adopt delegated acts in accordance with Article 109 concerning a single maximum PE601.017v01-00 90/179 AM\1118908XM.docx XM termination rate to be imposed by national regulatory authorities on undertakings designated as having significant market power in fixed and mobile voice termination markets respectively in the Union.

Or. en

Amendment 989 Evžen Tošenovský

Proposal for a directive Article 73 – paragraph 3

Text proposed by the Commission Amendment

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

Or. en

Amendment 990 Dan Nica, Peter Kouroumbashev, Miapetra Kumpula-Natri

Proposal for a directive Article 73 – paragraph 3

Text proposed by the Commission Amendment

Or. en

Amendment 991 Evžen Tošenovský AM\1118908XM.docx 91/179 PE601.017v01-00 XM

Proposal for a directive Article 73 – paragraph 4

Text proposed by the Commission Amendment

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

Or. en

Amendment 992 Kaja Kallas

Proposal for a directive Article 73 – paragraph 4

Text proposed by the Commission Amendment

Justification

This maximum rate should be adopted in a delegated act and not in the main legislation. In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 993 Dan Nica, Peter Kouroumbashev, Miapetra Kumpula-Natri

Proposal for a directive Article 73 – paragraph 4

Text proposed by the Commission Amendment

4. In applying paragraph 2, the 4. The Commission shall ensure that Commission shall ensure that the single the single voice call termination rate in voice call termination rate in mobile mobile networks shall not exceed 1 €cent networks shall not exceed 1.23 €cent per per minute and the single voice call minute and the single voice call termination rate in fixed networks shall not termination rate in fixed networks shall not exceed 0.12 €cent per minute. exceed 0.14 €cent per minute. The Commission shall take into account the weighted average of maximum termination rates in fixed and mobile networks established in accordance with the principles provided in the first subparagraph of paragraph 1 applied across the Union when setting the single maximum termination rate for the first time.

Or. en

Amendment 994 Krišjānis Kariņš

Proposal for a directive Article 73 – paragraph 4

Text proposed by the Commission Amendment

4. In applying paragraph 2, the 4. In applying paragraph 2, the Commission shall ensure that the single Commission shall ensure that the single voice call termination rate in mobile voice call termination rate in mobile networks shall not exceed 1.23 €cent per networks shall not exceed 0.94 €cent per minute and the single voice call minute and the single voice call AM\1118908XM.docx 93/179 PE601.017v01-00 XM termination rate in fixed networks shall not termination rate in fixed networks shall not exceed 0.14 €cent per minute. The exceed 0.14 €cent per minute. The Commission shall take into account the Commission shall take into account the weighted average of maximum termination weighted average of maximum termination rates in fixed and mobile networks rates in fixed and mobile networks established in accordance with the established in accordance with the principles provided in the first principles provided in the first subparagraph of paragraph 1 applied across subparagraph of paragraph 1 applied across the Union when setting the single the Union when setting the single maximum termination rate for the first maximum termination rate for the first time. time.

Or. en

Amendment 995 Dan Nica, Peter Kouroumbashev, Miapetra Kumpula-Natri

Proposal for a directive Article 73 – paragraph 5

Text proposed by the Commission Amendment

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

Or. en

Amendment 996 Evžen Tošenovský

Proposal for a directive Article 73 – paragraph 5

Text proposed by the Commission Amendment

5. When adopting delegated acts deleted pursuant to paragraph 2, the Commission shall take into account the total number of end-users in each Member State, in PE601.017v01-00 94/179 AM\1118908XM.docx XM order to ensure a proper weighting of the maximum termination rates, as well as national circumstances which result in significant differences between Member States when determining the maximum termination rates in the Union

Or. en

Amendment 997 Evžen Tošenovský

Proposal for a directive Article 73 – paragraph 6

Text proposed by the Commission Amendment

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

Or. en

Amendment 998 Dan Nica, Peter Kouroumbashev, Miapetra Kumpula-Natri

Proposal for a directive Article 73 – paragraph 7

Text proposed by the Commission Amendment

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

Or. en

Amendment 999 AM\1118908XM.docx 95/179 PE601.017v01-00 XM Evžen Tošenovský

Proposal for a directive Article 73 – paragraph 7

Text proposed by the Commission Amendment

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

Or. en

Amendment 1000 David Borrelli, Dario Tamburrano

Proposal for a directive Article 74

Text proposed by the Commission Amendment

Article 74 deleted Regulatory treatment of new network elements 1. A national regulatory authority shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met: (a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future;

PE601.017v01-00 96/179 AM\1118908XM.docx XM reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; (b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks; (c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.

Or. en

Justification

Necessary because this article could pave the way for the existence of new fiber networks without allowing NRAs to intervene efficiently where it becomes necessary.

Amendment 1001 Miapetra Kumpula-Natri, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod, Patrizia Toia

Proposal for a directive Article 74

Text proposed by the Commission Amendment

Article 74 deleted Regulatory treatment of new network elements 1. A national regulatory authority shall not impose obligations as regards new network elements that are part of the

AM\1118908XM.docx 97/179 PE601.017v01-00 XM relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met: (a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; (b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks; (c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.

Or. en

Justification

Current framework does not prevent co-investment. While the article may help to facilitate new fiber networks, it will not allow NRAs to intervene efficiently where it becomes necessary. It is problematic that the reference made in Art 74 (b) to the “deployment of very high PE601.017v01-00 98/179 AM\1118908XM.docx XM capacity networks” establishes a hierarchy between the regulatory objectives set out in Article 3. Also, co-investments by their nature can lead to coordinated behaviour, which in turn yield uncompetitive outcomes.

Amendment 1002 Kaja Kallas

Proposal for a directive Article 74 – title

Text proposed by the Commission Amendment

Regulatory treatment of new network Regulatory treatment of new network elements elements of very high capacity networks

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1003 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 74 – paragraph 1

Text proposed by the Commission Amendment

1. A national regulatory authority deleted shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met: (a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable AM\1118908XM.docx 99/179 PE601.017v01-00 XM competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; (b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks; (c) access seekers not participating in the co-investment can benefit from the same quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.

Or. en

Justification

The proposed provisions on “new network elements” in Article 74 are problematic firstly because the concept remains undefined. Secondly, Article 74 impedes NRAs from intervening on “new network elements” if there are co-investment offers. This could be problematic because SMP operators can use their market position to the detriment of smaller companies. Operators investing in VHC networks should not profit from regulatory holidays. The successful ex-ante regulatory regime should apply as much to VHC networks as to Next Generation Networks and legacy networks (e.g. copper).

The explicit reference made in Art 74 (b) to the “deployment of very high capacity networks” establishes a hierarchy between the regulatory objectives set out in Article 3.

In addition, co-investment schemes are diverse, and some of them have the potential to create ineffectively competitive market outcomes. While the Commission’s proposal includes criteria in Annex IV as well as conditions against which co-investment offers should be judged (compliance with which would entitle the co-investment to effectively benefit from a

PE601.017v01-00 100/179 AM\1118908XM.docx XM regulatory holiday), these do not provide sufficient competition protections to warrant a relaxation of SMP regulation. It is also worth bearing in mind that co-investments by their nature can lead to coordinated behaviour, which in turn could produce uncompetitive outcomes. Deregulation subject to weak safeguards has to be prevented. Independent from the concept of co-investment, commercial agreements must not artificially lead to non-SMP findings and to the removal of the wholesale access obligations that are necessary to enable and maintain sustainable competition and thus consumer well-being in the form of lower prices, increased choice and more innovative products.

Amendment 1004 Fulvio Martusciello

Proposal for a directive Article 74 – paragraph 1

Text proposed by the Commission Amendment

1. A national regulatory authority deleted shall not impose obligations as regards new network elements that are part of the relevant market on which it intends to impose or maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that the operator designated as significant market power on that relevant market has deployed or is planning to deploy, if the following cumulative conditions are met: (a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; (b) the deployment of the new network elements contributes significantly to the deployment of very high capacity networks; (c) access seekers not participating in the co-investment can benefit from the same AM\1118908XM.docx 101/179 PE601.017v01-00 XM quality, speed, conditions and end-user reach as was available before the deployment, either through commercial agreements based on fair and reasonable terms or by means of regulated access maintained or adapted by the national regulatory authority; When assessing co-investment offers and processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.

Or. en

Amendment 1005 Edouard Martin

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission Amendment

A national regulatory authority shall not A national regulatory authority shall not impose obligations as regards new network impose obligations as regards new network elements that are part of the relevant elements that are part of the relevant market on which it intends to impose or market on which it intends to impose or maintain obligations in accordance with maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that Articles 66 and Articles 67 to 72 and that the operator designated as significant the operator designated as significant market power on that relevant market has market power on that relevant market has deployed or is planning to deploy, if the deployed or is planning to deploy, if the following cumulative conditions are met: national regulatory authority concludes that the following cumulative conditions are met:

Or. en

Amendment 1006 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission Amendment

PE601.017v01-00 102/179 AM\1118908XM.docx XM A national regulatory authority shall not Irrespective of its ex-post monitoring impose obligations as regards new network powers, a national regulatory authority elements that are part of the relevant may not impose obligations as regards new market on which it intends to impose or network elements that are part of the maintain obligations in accordance with relevant market on which it intends to Articles 66 and Articles 67 to 72 and that impose or maintain obligations in the operator designated as significant accordance with Articles 66 and Articles market power on that relevant market has 67 to 72 and that the operator designated as deployed or is planning to deploy, if the significant market power on that relevant following cumulative conditions are met: market has deployed or is planning to deploy, if the following cumulative conditions are met:

Or. en

Amendment 1007 Kaja Kallas

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission Amendment

A national regulatory authority shall not A national regulatory authority which impose obligations as regards new network intends to impose or maintain obligations elements that are part of the relevant as regards new network elements of very market on which it intends to impose or high capacity networks in accordance with maintain obligations in accordance with Articles 66 and Articles 67 to 72 and that Articles 66 and Articles 67 to 72 and that the operator designated as significant the operator designated as significant market power on that relevant market has market power on that relevant market has deployed or is planning to deploy, shall deployed or is planning to deploy, if the take into account the following cumulative following cumulative conditions are met: conditions to ensure such obligations are proportionate and justified :

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1008 Evžen Tošenovský

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part AM\1118908XM.docx 103/179 PE601.017v01-00 XM

Text proposed by the Commission Amendment

A national regulatory authority shall not A national regulatory authority may impose obligations as regards new network determine not to impose obligations as elements that are part of the relevant regards new network elements that are part market on which it intends to impose or of the relevant market on which it intends maintain obligations in accordance with to impose or maintain obligations in Articles 66 and Articles 67 to 72 and that accordance with Articles 66 and Articles the operator designated as significant 67 to 72 and that the operator designated as market power on that relevant market has significant market power on that relevant deployed or is planning to deploy, if the market has deployed or is planning to following cumulative conditions are met: deploy, if the following cumulative conditions are met:

Or. en

Amendment 1009 Anne Sander, Françoise Grossetête

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission Amendment

Or. en

Amendment 1010 Eva Kaili

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission Amendment

PE601.017v01-00 104/179 AM\1118908XM.docx XM (a) the deployment of the new network (a) the deployment of the new network elements is open to co-investment offers elements according to a transparent process and on (i) is conducted by a joint venture terms which favour sustainable established by two or more undertakings competition in the long term including with shared ownership, and one or more inter alia fair, reasonable and non- undertaking participating in the joint discriminatory terms offered to potential venture provides wholesale access or co-investors; flexibility in terms of the competes on retail level; or value and timing of the commitment (ii) is open to co-investment offers provided by each co-investor; possibility to according to a transparent process and on increase such commitment in the future; terms which favour sustainable reciprocal rights awarded by the co- competition in the long term including investors after the deployment of the co- inter alia fair, reasonable and non- invested infrastructure; discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or (iii) is conducted by a single undertaking that provides a wholesale offer on terms which, similar to conditions for co- investment in subparagraph ii), favour competition in the long term by including, inter alia, fair, reasonable and non- discriminatory terms offered to potential access seekers; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;

Or. en

Amendment 1011 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission Amendment

(a) the deployment of the new network (a) the deployment of the new network elements is open to co-investment offers elements is either: according to a transparent process and on i) open to co-investment offers according terms which favour sustainable to a transparent process and on terms competition in the long term including which favour sustainable competition in AM\1118908XM.docx 105/179 PE601.017v01-00 XM inter alia fair, reasonable and non- the long term including inter alia fair, discriminatory terms offered to potential reasonable and non-discriminatory terms co-investors; flexibility in terms of the offered to potential co-investors; flexibility value and timing of the commitment in terms of the value and timing of the provided by each co-investor; possibility to commitment provided by each co-investor; increase such commitment in the future; possibility to increase such commitment in reciprocal rights awarded by the co- the future; reciprocal rights awarded by the investors after the deployment of the co- co-investors after the deployment of the invested infrastructure; co-invested infrastructure; compliance with the criteria set out in Annex IV; or ii) is conducted by a single undertaking that provides a wholesale offer on terms which favour competition in the long term by including, inter alia, fair, reasonable and non-discriminatory terms offered to potential access seekers; mechanisms for risk-sharing; flexibility in terms of the value and timing of the commitment provided by each access seeker; possibility to increase such commitment in the future;

Or. en

Justification

As indicated in the amendment to Article 71 2 e, recital 166 states the need to take into account newly concluded voluntary agreements between operators in order to provide regulatory flexibility. Co-investment is a particular case of a commercial agreement, but not the only one

Amendment 1012 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission Amendment

(a) the deployment of the new network (a) the deployment of the new network elements is open to co-investment offers elements according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to PE601.017v01-00 106/179 AM\1118908XM.docx XM increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;

Or. en

Amendment 1013 Angelika Niebler, Herbert Reul, Markus Pieper

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a

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

Or. de

Justification

Die Regulierungsbehörden müssen klare Bedingungen für die Ko-Investitionsmodelle festlegen.

AM\1118908XM.docx 107/179 PE601.017v01-00 XM Amendment 1014 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission Amendment

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

Or. de

Amendment 1015 Kaja Kallas

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission Amendment

(a) the deployment of the new network (a) the deployment of the new network elements is open to co-investment offers elements is subject to a co-investment according to a transparent process and on agreement where co-investment terms are terms which favour sustainable open to any potential co-investors and are competition in the long term including agreed between undertakings on the basis inter alia fair, reasonable and non- of fair, reasonable, non-discriminatory discriminatory terms offered to potential terms, including technical and financial co-investors; flexibility in terms of the terms ; favour sustainable competition in value and timing of the commitment the long term, flexibility in terms of the provided by each co-investor; possibility to value and timing of the commitment increase such commitment in the future; provided by each co-investor; possibility to reciprocal rights awarded by the co- increase such commitment in the future; investors after the deployment of the co- reciprocal rights awarded by the co- invested infrastructure; PE601.017v01-00 108/179 AM\1118908XM.docx XM investors after the deployment of the co- invested infrastructure;

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1016 Herbert Reul, Angelika Niebler

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission Amendment a) der Aufbau der neuen a) beim Aufbau der neuen Netzbestandteile steht Angeboten für Ko- Netzbestandteile werden nach einem Investitionen nach einem transparenten transparenten Verfahren Verfahren und zu Bedingungen offen, die Investitionsmodelle genutzt, die langfristig langfristig einen nachhaltigen Wettbewerb einen nachhaltigen Wettbewerb fördern. fördern, wozu auch gerechte, angemessene Dazu gehören unter anderem Ko- und nichtdiskriminierende Bedingungen Investitionsmodelle, welche sich durch für potenzielle Ko-Investoren gehören, gerechte, angemessene und Flexibilität hinsichtlich Wert und Zeitpunkt nichtdiskriminierende Bedingungen für der von den einzelnen Ko-Investoren potenzielle Ko-Investoren, Flexibilität zugesagten Mittel, die Möglichkeit einer hinsichtlich Wert und Zeitpunkt der von künftigen Aufstockung der Mittel, den einzelnen Ko-Investoren zugesagten gegenseitige Rechte, die sich die Ko- Mittel, die Möglichkeit einer künftigen Investoren nach Errichtung der gemeinsam Aufstockung der Mittel und gegenseitige finanzierten Infrastruktur gewähren; Rechte, die sich die Ko-Investoren nach Errichtung der gemeinsam finanzierten Infrastruktur gewähren, kennzeichnen;

Or. de

Justification

Die tatsächliche Nutzung von wettbewerbsfördernden Investitionen sollte Anlass zu Deregulierung bieten, da die Förderung von wettbewerbsbasiertem Infrastrukturausbaue einer Marktregulierung vorzuziehen ist. Bei der Bewertung sollten deshalb alle Investitionsmodelle, die einen nachhaltigen Wettbewerb fördern gleichermaßen berücksichtigt werden.

Amendment 1017

AM\1118908XM.docx 109/179 PE601.017v01-00 XM Edouard Martin

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission Amendment

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

Or. en

Amendment 1018 Anne Sander, Françoise Grossetête

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission Amendment

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

Or. en

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Amendment 1019 Gunnar Hökmark, Michał Boni, Bendt Bendtsen

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission Amendment

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

Or. en

Amendment 1020 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a – point i (new)

Text proposed by the Commission Amendment

i) is conducted by a joint venture established by two or more undertakings with shared ownership, and one or more undertaking participating in the joint venture provides wholesale access or competes on retail level; or

Or. en

Amendment 1021 Anna Záborská, Ivan Štefanec

AM\1118908XM.docx 111/179 PE601.017v01-00 XM Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a – point ii (new)

Text proposed by the Commission Amendment

ii) is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure; or

Or. en

Amendment 1022 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point a – point iii (new)

Text proposed by the Commission Amendment

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

Or. en

Amendment 1023 Werner Langen, Sabine Verheyen, Norbert Lins

PE601.017v01-00 112/179 AM\1118908XM.docx XM Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission Amendment b) der Aufbau der neuen b) der Aufbau der neuen Netzbestandteile trägt wesentlich zum Netzbestandteile führt zu dem Aufbau von Aufbau von Netzen mit sehr hoher Netzen mit sehr hoher Kapazität, oder es Kapazität bei; besteht eine angemessene Erwartung hierfür.

Or. de

Amendment 1024 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission Amendment c) Zugangsinteressenten, die sich entfällt nicht an der Ko-Investition beteiligen, bekommen dieselbe Qualität, Geschwindigkeit und Bedingungen und erreichen dieselben Endnutzer wie vor dem Aufbau, entweder aufgrund gewerblicher Vereinbarungen zu fairen und angemessenen Bedingungen, oder durch regulierten Zugang, der von der nationalen Regulierungsbehörde aufrechterhalten oder angepasst wird.

Or. de

Amendment 1025 Eva Kaili

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission Amendment

AM\1118908XM.docx 113/179 PE601.017v01-00 XM deployment, either through commercial was available before the deployment, either agreements based on fair and reasonable through commercial agreements based on terms or by means of regulated access fair and reasonable terms or by means of maintained or adapted by the national regulated access maintained or adapted by regulatory authority; the national regulatory authority until 8 years after entry into force of this Directive.

Or. en

Amendment 1026 Evžen Tošenovský

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission Amendment

(c) access seekers not participating in (c) access seekers not participating in the co-investment can benefit from the the co-investment can benefit from the same quality, speed, conditions and end- same quality, speed, conditions and end- user reach as was available before the user reach as was available before the deployment, either through commercial deployment, through commercial agreements based on fair and reasonable agreements based on fair and reasonable terms or by means of regulated access terms; maintained or adapted by the national regulatory authority;

Or. en

Amendment 1027 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission Amendment

(c) access seekers not participating in (c) access seekers not participating in the co-investment can benefit from the one of the deployment models listed in same quality, speed, conditions and end- point (a) can benefit from the same quality, user reach as was available before the speed, conditions and end-user reach as deployment, either through commercial was available before the deployment, either agreements based on fair and reasonable through commercial agreements based on terms or by means of regulated access fair and reasonable terms assessed by, or maintained or adapted by the national by means of regulated access maintained or regulatory authority; PE601.017v01-00 114/179 AM\1118908XM.docx XM adapted by, the national regulatory authority;

Or. en

Justification

Coherence with amendment to Article 74 – paragraph 1 – subparagraph 1 – point a

Amendment 1028 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 74 – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission Amendment

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

Or. en

Amendment 1029 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 74 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

When assessing co-investment offers and deleted processes referred to in point (a) of the first subparagraph, national regulatory authorities shall ensure that those offers and processes comply with the criteria set out in Annex IV.

Or. en

AM\1118908XM.docx 115/179 PE601.017v01-00 XM Justification

Coherence with amendment to Article 74 – paragraph 1 – subparagraph 1 – point a

Amendment 1030 Kaja Kallas

Proposal for a directive Article 74 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

When assessing co-investment offers and When assessing co-investment terms and processes referred to in point (a) of the first processes referred to in point (a) of the first subparagraph, national regulatory subparagraph, national regulatory authorities shall ensure that those offers authorities shall ensure that those terms and processes comply with the criteria set and processes comply with the criteria set out in Annex IV. out in Annex IV and are compliant with competition law. When co-investment terms comply with Annex IV but may create a situation of significant impediment to effective competition, national regulatory authorities shall ensure that proportionate and justified obligations are imposed to address the situation in accordance with articles 66 to 72.

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1031 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Article 74 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

Bei der Prüfung der Ko- Die nationale Regulierungsbehörde stellt Investitionsangebote und der Verfahren sicher, dass die Bedingungen für die nach Unterabsatz 1 Buchstabe a stellen Anwendung des ersten Absatzes erfüllt die nationalen Regulierungsbehörden sind. Falls sie feststellt, dass diese sicher, dass diese Angebote und Bedingungen nicht eingehalten worden PE601.017v01-00 116/179 AM\1118908XM.docx XM Verfahren den Kriterien in Anhang IV sind, kann sie Auflagen nach Artikel 66 entsprechen. sowie nach den Artikeln 67 bis 72 auferlegen.

Or. de

Amendment 1032 Anne Sander, Françoise Grossetête

Proposal for a directive Article 74 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

When assessing co-investment offers and When assessing co-investment offers processes referred to in point (a) of the first and agreements referred to in point (a) of subparagraph, national regulatory the first subparagraph, national regulatory authorities shall ensure that those offers authorities shall ensure that those offers and processes comply with the criteria set and agreements comply with the criteria out in Annex IV. set out in Annex IV.

Or. en

Amendment 1033 Edouard Martin

Proposal for a directive Article 74 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

Or. en

Amendment 1034 Eva Kaili

Proposal for a directive Article 74 – paragraph 1 – subparagraph 2 AM\1118908XM.docx 117/179 PE601.017v01-00 XM

Text proposed by the Commission Amendment

When assessing co-investment offers and When assessing deployment models listed processes referred to in point (a) of the in subparagraphs (ii) and (iii) of point (a), first subparagraph, national regulatory national regulatory authorities shall ensure authorities shall ensure that those offers that those offers and processes comply and processes comply with the criteria set with the criteria set out in Annex IV. out in Annex IV.

Or. en

Amendment 1035 Anna Záborská, Ivan Štefanec

Proposal for a directive Article 74 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

Or. en

Amendment 1036 Gunnar Hökmark, Henna Virkkunen, Bendt Bendtsen

Proposal for a directive Article 74 – paragraph 1 – point 1 (new)

Text proposed by the Commission Amendment

(1) In order to promote effective competition and the deployment of new network elements, and pro-competitive regulatory conditions, Member States shall, in consultation with BEREC, establish fair and reasonable rules for shared networks and commercial access agreements between operators and virtual service providers. Such rules and regulatory conditions shall serve to

PE601.017v01-00 118/179 AM\1118908XM.docx XM increase the level of network traffic, so as to facilitate return on investment, thereby promoting effective competition and development towards trans-European networks.

Or. en

Amendment 1037 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 74 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission Amendment

In case the market analyses conducted by the national regulatory authority results in a finding that the co-investment offers and/or the commercial agreements do not favour sustainable competition, appropriate regulatory obligations on the operators designated as having significant market power on the relevant market shall be maintained or adapted by the national regulatory authority.

Or. en

Justification

Commercial agreements must not artificially lead to the removal of access obligations if they are necessary to enable and maintain sustainable competition.

Amendment 1038 Patrizia Toia

Proposal for a directive Article 75 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

AM\1118908XM.docx 119/179 PE601.017v01-00 XM competition problems and/or market competition problems and/or market failures identified in relation to the failures identified in relation to the wholesale provision of certain access wholesale provision of certain access product markets, it may, as an exceptional product markets, it may, as an exceptional measure, in accordance with the provisions measure, in accordance with the provisions of the second subparagraph of Article of the second subparagraph of Article 66(3), impose an obligation on vertically 66(3), impose an obligation on vertically integrated undertakings to place activities integrated undertakings to place activities related to the wholesale provision of related to the wholesale provision of relevant access products in an relevant access products in an independently operating business entity. independently operating business entity or in a separate legal entity.

Or. en

Amendment 1039 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 75 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Where the national regulatory authority Where the national regulatory authority concludes that the appropriate obligations concludes that the appropriate obligations imposed under Articles 67 to 72 have imposed under Articles 67 to 72 are not failed to achieve effective competition and sufficient to achieve effective competition that there are important and persisting and that there are important and persisting competition problems and/or market competition problems and/or market failures identified in relation to the failures identified in relation to the wholesale provision of certain access wholesale provision of certain access product markets, it may, as an exceptional product markets, it may, as an exceptional measure, in accordance with the provisions measure, in accordance with the provisions of the second subparagraph of Article of the second subparagraph of Article 66(3), impose an obligation on vertically 66(3), impose an obligation on vertically integrated undertakings to place activities integrated undertakings to place activities related to the wholesale provision of related to the wholesale provision of relevant access products in an relevant access products in an independently operating business entity. independently operating business entity.

Or. en

Justification

Functional separation should be in the toolbox of the NRAs not only as a last resort remedy but as a measure aimed at ensuring effective competition.

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Amendment 1040 Patrizia Toia

Proposal for a directive Article 75 – paragraph 1 – subparagraph 2

Text proposed by the Commission Amendment

That business entity shall supply access In the case of functional separation, that products and services to all undertakings, business entity shall supply access products including to other business entities within and services to all undertakings, including the parent company, on the same to other business entities within the parent timescales, terms and conditions, including company, on the same timescales, terms those relating to price and service levels, and conditions, including those relating to and by means of the same systems and price and service levels, and by means of processes. the same systems and processes.

Or. en

Justification

National regulators should have the possibility, when justified by the national circumstances, to go further than legal separation and impose full divestiture of wholesale operations from retail operations.

Amendment 1041 Patrizia Toia

Proposal for a directive Article 75 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission Amendment

Where the national regulatory authority concludes that even the imposition of a functional separation obligation has failed to achieve effective competition, the national regulatory authority may impose an obligation for legal separation. This obligation may encompass a prohibition that the legally distinct companies are controlled by the same ultimate owner(s) and that any of the companies may exercise a decisive influence by rights, contracts or other means, on the other.

Or. en AM\1118908XM.docx 121/179 PE601.017v01-00 XM

Amendment 1042 Patrizia Toia

Proposal for a directive Article 75 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. When a national regulatory 2. When a national regulatory authority intends to impose an obligation authority intends to impose an obligation for functional separation, it shall submit a for functional or legal separation, it shall proposal to the Commission that includes: submit a proposal to the Commission that includes:

Or. en

Amendment 1043 Evžen Tošenovský

Proposal for a directive Article 76 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Undertakings which have been designated Undertakings which have been designated as having significant market power in one as having significant market power in one or several relevant markets in accordance or several relevant markets in accordance with Article 65 of this Directive shall with Article 65 of this Directive shall inform the national regulatory authority in inform the national regulatory authority advance and in a timely manner, in order to three months in advance and in a timely allow the national regulatory authority to manner, in order to allow the national assess the effect of the intended regulatory authority to assess the effect of transaction, when they intend to transfer the intended transaction, when they intend their local access network assets or a to transfer their local access network assets substantial part thereof to a separate legal or a substantial part thereof to a separate entity under different ownership, or to legal entity under different ownership, or to establish a separate business entity in order establish a separate business entity in order to provide to all retail providers, including to provide to all retail providers, including its own retail divisions, fully equivalent its own retail divisions, fully equivalent access products. access products.

Or. en

Amendment 1044 Patrizia Toia PE601.017v01-00 122/179 AM\1118908XM.docx XM

Proposal for a directive Article 76 – paragraph 2 – subparagraph 4

Text proposed by the Commission Amendment

On the basis of its assessment, the national On the basis of its assessment, the national regulatory authority shall impose, regulatory authority shall impose, maintain, amend or withdraw obligations, maintain, amend or withdraw obligations, in accordance with Articles 23 and 32, in accordance with Articles 23 and 32. In applying, if appropriate, the provisions of its decision, the national regulatory Article 77. In its decision, the national authority may make the commitments regulatory authority may make the binding, wholly or in part. By way of commitments binding, wholly or in part. exception to Article 65(5), the national By way of exception to Article 65(5), the regulatory authority may make some or all national regulatory authority may make commitments binding for the entire period some or all commitments binding for the for which they are offered. entire period for which they are offered.

Or. en

Amendment 1045 Evžen Tošenovský

Proposal for a directive Article 77

Text proposed by the Commission Amendment

Article 77 deleted Vertically separate undertakings 1. A national regulatory authority that designates an undertaking which is absent from any retail markets for electronic communications services as having significant market power in one or several wholesale markets in accordance with Article 65 shall consider whether that undertaking has the following characteristics: (a) all companies and business units within the undertaking, including all companies that are controlled but not necessarily wholly owned by the same ultimate owner(s), only have activities, current and planned for the future, in wholesale markets for electronic communications services and therefore do AM\1118908XM.docx 123/179 PE601.017v01-00 XM not have activities in any retail market for electronic communications services provided to end-users in the Union; (b) the undertaking does not hold an exclusive agreement, or an agreement which de facto amounts to an exclusive agreement, with a single and separate undertaking operating downstream that is active in any retail market for electronic communications services provided to private or commercial end-users. 2. If the national regulatory authority concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are fulfilled, it may only impose on that undertaking obligations pursuant to Articles 70 or 71. 3. The national regulatory authority shall review obligations imposed on the undertaking in accordance with this Article at any time if it concludes that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are no longer met and shall apply Articles 65 to 72, as appropriate. 4. The national regulatory authority shall also review obligations imposed on the undertaking in accordance with this Article if on the basis of evidence of terms and conditions offered by the undertaking to its downstream customers, the authority concludes that competition problems have arisen to the detriment of end-users which require the imposition of one or more obligations provided in Articles 67, 68, 69 or 72, or the modification of the obligations imposed in accordance with paragraph 2. 5. The imposition of obligations and their review in accordance with this Article shall be implemented in accordance with the procedures referred to in Articles 23, 32 and 33.

Or. en

PE601.017v01-00 124/179 AM\1118908XM.docx XM Amendment 1046 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 77 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) the undertaking does not hold an (b) the undertaking does not hold an exclusive agreement, or an agreement exclusive agreement, or an agreement which de facto amounts to an exclusive which de jure or de facto amounts to an agreement, with a single and separate exclusive agreement, with a single and undertaking operating downstream that is separate undertaking operating downstream active in any retail market for electronic that is active in any retail market for communications services provided to electronic communications services private or commercial end-users. provided to private or commercial end- users, and/or limiting third party access to civil engineering and/or limiting third party access to, and use of specific network elements and associated facilities.

Or. en

Justification

It is essential that wholesale only undertakings do not leverage on their monopoly position by limiting third party access. Open access requirements are therefore essential. In doing so they should be submitted to obligations of accounting separation and price control to ensure full transparency.

Amendment 1047 Kaja Kallas

Proposal for a directive Article 77 – paragraph 1 – point b a (new)

Text proposed by the Commission Amendment

(b a) the undertaking is not a separated untertaking as referred to in article 75 and 76 ;

Or. en

AM\1118908XM.docx 125/179 PE601.017v01-00 XM Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1048 Anne Sander, Françoise Grossetête

Proposal for a directive Article 77 – paragraph 2

Text proposed by the Commission Amendment

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

Or. en

Amendment 1049 Kaja Kallas

Proposal for a directive Article 77 – paragraph 2

Text proposed by the Commission Amendment

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1050 Patrizia Toia PE601.017v01-00 126/179 AM\1118908XM.docx XM

Proposal for a directive Article 77 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2 a. The national regulatory authority shall deem that these conditions are fulfilled even if the undertaking offer physical connection to end-users or provide the conveyance of signals and network elements for the realization or the development of a local physical infrastructure for crafts, businesses and professions.

Or. en

Amendment 1051 Patrizia Toia

Proposal for a directive Article 77 – paragraph 4

Text proposed by the Commission Amendment

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

Or. en

Amendment 1052 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 78 – paragraph 2 – subparagraph 1 AM\1118908XM.docx 127/179 PE601.017v01-00 XM

Text proposed by the Commission Amendment

The national regulatory authority shall The national regulatory authority shall ensure that the decommissioning process ensure that the decommissioning process includes a transparent timetable and includes a transparent timetable and conditions, including inter alia an conditions, including inter alia an appropriate period of notice and for appropriate period of notice and for transition, and establishes the availability transition, and establishes the availability of alternative comparable products of alternative comparable products providing access to network elements providing access to network elements substituting the decommissioned substituting the decommissioned infrastructure if necessary to safeguard infrastructure in a timely manner if competition and the rights of end-users. necessary to safeguard competition and the rights of end-users.

Or. en

Amendment 1053 Kaja Kallas

Proposal for a directive Article 78 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

The national regulatory authority shall The national regulatory authority shall ensure that the decommissioning process ensure that the decommissioning process includes a transparent timetable and includes a transparent timetable and conditions, including inter alia an conditions, including inter alia a concrete appropriate period of notice and for deadline, an appropriate period of notice transition, and establishes the availability and for transition, and establishes the of alternative comparable products availability of equivalent products providing access to network elements providing access to network elements substituting the decommissioned substituting the decommissioned infrastructure if necessary to safeguard infrastructure if necessary to safeguard competition and the rights of end-users. competition and the rights of end-users.

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1054 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

PE601.017v01-00 128/179 AM\1118908XM.docx XM

Proposal for a directive Article 78 – paragraph 2 – subparagraph 2 – point a

Text proposed by the Commission Amendment

(a) the access provider has (a) the access provider has demonstrably established the appropriate demonstrably established the appropriate conditions for migration, including making conditions for migration, including making available a comparable alternative access available a comparable alternative access product enabling to reach the same end- product in a timely manner enabling to users, as was available using the legacy reach the same potential end-users, as was infrastructure; and available using the legacy infrastructure; and

Or. en

Amendment 1055 Kaja Kallas

Proposal for a directive Article 78 – paragraph 2 – subparagraph 2 – point a

Text proposed by the Commission Amendment

(a) the access provider has (a) the access provider has demonstrably established the appropriate demonstrably established the appropriate conditions for migration, including making conditions for migration, including making available a comparable alternative access available an equivalent access product product enabling to reach the same end- enabling to reach the same end-users, as users, as was available using the legacy was available using the legacy infrastructure; and infrastructure; and

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1056 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 79 – paragraph 1

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Text proposed by the Commission Amendment

1. Member States shall ensure that all 1. Member States shall ensure that all end-users in their territory have access at end-users in their territory have access at an affordable price, in the light of specific an affordable price, in the light of specific national conditions, to available functional national conditions, to available broadband internet access and voice communications internet access and voice communications services at the quality specified in their services at the quality specified in their territory, including the underlying territory, including the underlying connection, at least at a fixed location. connection, at least at a fixed location.

Or. en

Amendment 1057 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 79 – paragraph 2

Text proposed by the Commission Amendment

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

Or. en

Amendment 1058 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 79 – paragraph 2

Text proposed by the Commission Amendment

2. Member States shall define the 2. Member States shall define the functional internet access service referred functional internet access service referred to in paragraph 1 with a view to adequately to in paragraph 1 with a view to adequately

PE601.017v01-00 130/179 AM\1118908XM.docx XM reflect services used by the majority of reflect services used by the majority of end-users in their territory. To that end, the end-users in their territory. To that end, the functional internet access service shall be functional internet access service shall be capable of supporting the minimum set of capable, both in terms of speed and data services set out in Annex V. volumes, of supporting at least the minimum set of services set out in Annex V. The functional internet access service shall comply with the obligations on open internet laid down in Regulation 2120/2015.

Or. en

Amendment 1059 Barbara Kappel, Lorenzo Fontana, Angelo Ciocca

Proposal for a directive Article 81 – paragraph 1

Text proposed by the Commission Amendment

1. Where a Member State has duly 1. Where a Member State has duly demonstrated, account taken of the results demonstrated, account taken of the results of the geographical survey conducted in of the geographical survey conducted in accordance with Article 22(1), that the accordance with Article 22(1), that the availability at a fixed location of functional availability at a fixed location of functional internet access service as defined in internet access service as defined in accordance with Article 79(2) and of voice accordance with Article 79(2) and of voice communications service cannot be ensured communications service is not currently under normal commercial circumstances or ensured under normal commercial through other potential public policy tools, circumstances or through other potential it may impose appropriate universal service public policy tools, it may impose obligations to meet all reasonable requests appropriate universal service obligations to for accessing those services in its territory. meet all reasonable requests for accessing those services in its territory.

Or. en

Amendment 1060 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana

Proposal for a directive Article 83 – paragraph 1

Text proposed by the Commission Amendment

AM\1118908XM.docx 131/179 PE601.017v01-00 XM 1. Member States shall ensure that in 1. Member States shall ensure that in providing facilities and services additional providing facilities and services additional to those referred to in Article 79, those to those referred to in Article 79, those undertakings providing the services in undertakings providing voice accordance with Article 79, 81 and 82 communications and internet access establish terms and conditions in such a services in accordance with Article 79, 81 way that the end-user is not obliged to pay and 82 establish terms and conditions in for facilities or services which are not such a way that the end-user is not obliged necessary or not required for the service to pay for facilities or services which are requested. not necessary or not required for the service requested.

Or. en

Amendment 1061 José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 85 – paragraph 1

Text proposed by the Commission Amendment

Where, on the basis of the net cost 1. Where, on the basis of the net cost calculation referred to in Article 84, calculation referred to in Article 84, national regulatory authorities find that an national regulatory authorities find that an undertaking is subject to an unfair burden, undertaking is subject to an unfair burden, Member States shall, upon request from the Member States shall, upon request from the undertaking concerned, decide undertaking concerned, decide: a) to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds; and/or (b) to share the net cost of universal service obligations between providers of electronic communications networks and services and those undertakings providing information society services as defined in Directive 2000/31/EC and which account for a large broadband consumption.

Or. en

Justification

Member States must continue having flexibility about the financing of the universal service obligation regime

PE601.017v01-00 132/179 AM\1118908XM.docx XM Amendment 1062 José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 85 – paragraph 2

Text proposed by the Commission Amendment to introduce a mechanism to compensate deleted that undertaking for the determined net costs under transparent conditions from public funds. Only the net cost, as determined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed.

Or. en

Justification

Member States must continue having flexibility about the financing of the universal service obligation regime. Coherence with amendment to Article 85, paragraph 1

Amendment 1063 José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 85 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2. Where the net cost is shared under paragraph 1(b), Member States shall establish a sharing mechanism administered by the national regulatory authority or a body independent from the beneficiaries under the supervision of the national regulatory authority. Only the net cost, as determined in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82 may be financed.

Or. en

AM\1118908XM.docx 133/179 PE601.017v01-00 XM Justification

Member States must continue having flexibility about the financing of the universal service obligation regime. Coherence with amendment to Article 85, paragraph 1

Amendment 1064 José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 85 – paragraph 2 b (new)

Text proposed by the Commission Amendment

3. A sharing mechanism shall respect the principles of transparency, least market distortion, non-discrimination and proportionality, in accordance with the principles of Annex VII, Part B. Member States may choose not to require contributions from undertakings whose national turnover is less than a set limit.

Or. en

Justification

Member States must continue having flexibility about the financing of the universal service obligation regime. Coherence with amendment to Article 85, paragraph 1

Amendment 1065 José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 85 – paragraph 2 c (new)

Text proposed by the Commission Amendment

4. Any charges related to the sharing of the cost of universal service obligations shall be unbundled and identified separately for each undertaking. Such charges shall not be imposed or collected from undertakings that are not providing services in the territory of the Member

PE601.017v01-00 134/179 AM\1118908XM.docx XM State that has established the sharing mechanism.

Or. en

Justification

Member States must continue having flexibility about the financing of the universal service obligation regime. Coherence with amendment to Article 85, paragraph 1

Amendment 1066 Evžen Tošenovský

Proposal for a directive Article 87 – paragraph 4 – subparagraph 3

Text proposed by the Commission Amendment

BEREC shall establish a central registry deleted on the numbers with a right of extraterritorial use, to which national regulatory authorities shall transmit the relevant information.

Or. en

Amendment 1067 Kaja Kallas

Proposal for a directive Article 88 – paragraph 6 – subparagraph 1

Text proposed by the Commission Amendment

Where the right of use for numbers Where the right of use for numbers includes their extraterritorial use within the includes their extraterritorial use within the Union in accordance with Article 87(4), the Union in accordance with Article 87(4), the national regulatory authority shall attach to national regulatory authority shall attach to the right of use specific conditions in order the right of use specific conditions in order to ensure compliance with all the relevant to ensure compliance with all the relevant national consumer protection rules and national consumer protection rules and national laws related to the use of numbers national laws related to the use of numbers applicable in the Member States where the applicable in the Member States where the numbers are used. numbers are used. Member states may not impose additional obligations to these rights of use therafter.

AM\1118908XM.docx 135/179 PE601.017v01-00 XM Or. en

Justification

The specific conditions for compliance in all relevant Member states being already attached to the rights of use, it should not be possible for Member states to add new requirements as it would create a barrier to the internal market. In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1068 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana

Proposal for a directive Article 91 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Member States shall ensure that, 1. Member States shall ensure that, where technically and economically where technically and economically feasible, and except where a called end- feasible, and except where a called end- user has chosen for commercial reasons to user has chosen for commercial reasons to limit access by calling parties located in limit access by calling parties located in specific geographical areas, national specific geographical areas, national regulatory authorities take all necessary regulatory authorities take all necessary steps to ensure that end-users are able to: steps to ensure that end-users of voice communications services are able to:

Or. en

Amendment 1069 Morten Helveg Petersen

Proposal for a directive Article 92 – paragraph 1

Text proposed by the Commission Amendment

Providers of electronic communications Providers of electronic communications networks or services shall not apply any networks or services shall not apply any discriminatory requirements or conditions discriminatory requirements or conditions of access or use to end-users based on the of access or use to end-users based on the end-user's nationality or place of residence end-user's nationality or place of residence unless such differences are objectively unless such differences are objectively justified. justified and in compliance with the scope and interpretation of fundamental rights

PE601.017v01-00 136/179 AM\1118908XM.docx XM as provided for in Article 52 of the Charter.

Or. en

Amendment 1070 José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 92 – paragraph 1

Text proposed by the Commission Amendment

Providers of electronic communications 1. Providers of electronic communications networks or services shall not apply any networks or services shall not apply any discriminatory requirements or conditions discriminatory requirements or conditions of access or use to end-users based on the of access or use to end-users based on the end-user's nationality or place of residence end-user's nationality or place of residence unless such differences are objectively unless such differences are objectively justified. justified.

Or. en

Justification

In its proposal for a Telecoms Single Market, published on 11 September 2013, the Commission already proposed to regulate EU-intra calls and SMS originating in the country of mobile subscription and terminating in another Member State aiming at eliminating prohibitively surcharges. This provision reintroduces that proposal.

Amendment 1071 José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 92 – paragraph 1 a (new)

Text proposed by the Commission Amendment

2. Providers of electronic communications services to the public shall not apply tariffs for intra-Union communications terminating in another Member State which are higher, unless objectively justified:

AM\1118908XM.docx 137/179 PE601.017v01-00 XM a) as regards fixed communications, than tariffs for domestic long-distance communications; b) as regards mobile communications, than the euro-tariffs for regulated voice, data and SMS roaming communications, respectively, established in Regulation (EU) No 2015/2120.

Or. en

Justification

Amendment 1072 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Article 92 a (new)

Text proposed by the Commission Amendment

Article 92 a 1. Providers of electronic communication services to the public shall not apply tariffs for intra-Union fixed and mobile communications services terminating in another Member State different from tariffs for services terminating in the same member state, unless the provider demonstrates the existence of direct costs that are objectively justified. 2. Six months after the entry into force of this Directive, BEREC shall provide guidelines on the recovery of such objectively justified direct costs pursuant to paragraph 1. 3. One year after the entry into force of this Directive and annually thereafter, the European Commission shall provide a report on the application of the

PE601.017v01-00 138/179 AM\1118908XM.docx XM obligations of paragraph 1, including an assessment of the evolution of intra- Union communication tariffs.

Or. en

Justification

This provision helps to build one pillar for a digital single market in telecoms and provides a simple and fair solution to expensive tariffs for international calls without having to regulate prices. Seeking to abolish any type of discriminatory practice, whether on access to services or prices for cross-border services, is very important for the creation of a true Digital Single Market for consumers. The prohibition of price differentiation based on the geographical origin and destination of a service is an adequate approach, and telecom providers should therefore never be allowed to have access or pricing policies based on these elements, unless unavoidable and significant additional costs need to be covered to offer the service. In these cases, the proposal foresees a wide exception where “objectively justified” additional costs are present. In that regard, the proposed Directive must include legal clarity as to what should be the general principles to determine exemptions to the non-discrimination rule and mandate BEREC and NRAs to develop more detailed guidelines. Furthermore, the Directive should call on the Commission and NRAs to closely monitor on a case-by-case basis that service providers are respecting the criteria when their prices are discriminatory. Operators often denounce the amount of revenue they theoretically will stop receiving if they cannot overprice cross-border services. Yet it is of equal importance to understand that the disappearance of these expensive charges will increase the use of cross-border telecom services, generate more demand and therefore more revenue for operators.

Amendment 1073 Evžen Tošenovský

Proposal for a directive Article 93 – title

Text proposed by the Commission Amendment

Article 93 Fundamental rights Article 93 Fundamental rights safeguard

Or. en

Amendment 1074 Evžen Tošenovský

Proposal for a directive Article 93 – paragraph 1

AM\1118908XM.docx 139/179 PE601.017v01-00 XM Text proposed by the Commission Amendment

1. National measures regarding end- 1. National measures regarding end- users’ access to, or use of, services and users’ access to, or use of, services and applications through electronic applications through electronic communications networks shall respect the communications networks shall respect the fundamental rights and freedoms, as Charter of Fundamental Rights of the guaranteed by the Charter of Fundamental Union and general principles of Union law. Rights of the Union and general principles of Union law.

Or. en

Amendment 1075 Evžen Tošenovský

Proposal for a directive Article 93 – paragraph 2

Text proposed by the Commission Amendment

2. Any of these measures regarding 2. Any of these measures regarding end-users’ access to, or use of, services and end-users’ access to, or use of, services and applications through electronic applications through electronic communications networks liable to restrict communications networks liable to limit those fundamental rights or freedoms may the exercise of those rights or freedoms only be imposed if they are provided for by may only be imposed if they are provided law and respect the essence of those rights for by law and respect of those rights or or freedoms, are appropriate, proportionate freedoms recognized by the Charter, are and necessary, and genuinely meet proportionate and necessary, and genuinely objectives of general interest recognised by meet objectives of general interest the Union or the need to protect the rights recognised by the Union or the need to and freedoms of others in line with Article protect the rights and freedoms of others in 52(1) of the Charter of Fundamental Rights line with Article 52(1) of the Charter of of the European Union and with general Fundamental Rights of the European Union principles of Union law, including effective and with general principles of Union law, judicial protection and due process. including the right to an effective remedy Accordingly, these measures may only be and to a fair trial. Accordingly, these taken with due respect for the principle of measures may only be taken with due the presumption of innocence and the right respect for the principle of the presumption to privacy. A prior, fair and impartial of innocence and the right to privacy. A procedure shall be guaranteed, including prior, fair and impartial procedure shall be the right to be heard of the person or guaranteed, including the right to be heard persons concerned, subject to the need for of the person or persons concerned, subject appropriate conditions and procedural to the need for appropriate conditions and arrangements in duly substantiated cases of procedural arrangements in duly urgency in conformity with the Charter of substantiated cases of urgency in Fundamental Rights of the European conformity with the Charter.

PE601.017v01-00 140/179 AM\1118908XM.docx XM Union. The right to effective and timely judicial review shall be guaranteed.

Or. en

Amendment 1076 Morten Helveg Petersen

Proposal for a directive Article 93 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2 a. By ...[date] in order to contribute to the consistent application of fundamental rights safeguard, BEREC shall, after consulting stakeholders and in close cooperation with the Commission and the European Union Agency for Fundamental Rights (FRA), issue guidelines on common approaches to ensure that national measures regarding end-users' access to, or use of, services and applications through electronic communications networks respect the fundamental rights and freedoms, as guaranteed by the Charter and general principles of Union law

Or. en

Amendment 1077 András Gyürk

Proposal for a directive Article 94 – paragraph 1

Text proposed by the Commission Amendment

Member States shall not maintain or deleted introduce in their national law end-user protection provisions on the subject- matters covered by this Title and diverging from the provisions laid down in this Title, including more or less stringent provisions to ensure a different

AM\1118908XM.docx 141/179 PE601.017v01-00 XM level of protection, unless otherwise provided for in this Title.

Or. en

Justification

We believe that the current approach allows Member States to adapt the EU framework to the specific national needs and technological evolution, defining solutions targeted to the specific commercial practices identified in national markets and setting reference benchmarks that help progressively improve sectoral end-user protection in the Union.Maximum harmonisation may result in reductions in end-user guarantees. The current legislation provides proper framework for the protection of end-users

Amendment 1078 José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 94 – paragraph 1

Text proposed by the Commission Amendment

Member States shall not maintain or Member States shall under no introduce in their national law end-user circumstance introduce in their national protection provisions on the subject- law end-user protection provisions that matters covered by this Title and undermine the provisions laid down in this diverging from the provisions laid down in Title as it constitutes the minimum level this Title, including more or less stringent of end-user protection to be pursued in the provisions to ensure a different level of Union. protection, unless otherwise provided for in this Title.

Or. en

Amendment 1079 Krišjānis Kariņš

Proposal for a directive Article 95

Text proposed by the Commission Amendment

[...] deleted

Or. en

PE601.017v01-00 142/179 AM\1118908XM.docx XM

Amendment 1080 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz, Sergio Gutiérrez Prieto

Proposal for a directive Article 95 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4 a. Providers of publicly available electronic communications services other than number-independent interpersonal communications services shall incorporate the information mentioned in paragraphs 1, 2 and 4 as part of the contract itself.

Or. en

Amendment 1081 Evžen Tošenovský

Proposal for a directive Article 95 – paragraph 5 – subparagraph 1 – introductory part

Text proposed by the Commission Amendment

By [entry into force + 12 months], BEREC By [entry into force + 12 months], the shall issue a decision on a contract Commission shall issue a decision on a summary template, which identifies the contract summary template, which main elements of the information identifies the main elements of the requirements in accordance with information requirements in accordance paragraphs 1 and 2. Those main elements with paragraphs 1 and 2. Those main shall include at least complete information elements shall include at least complete on: information on:

Or. en

Amendment 1082 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana

Proposal for a directive Article 95 – paragraph 6

AM\1118908XM.docx 143/179 PE601.017v01-00 XM Text proposed by the Commission Amendment

6. Providers of internet access 6. Providers of internet access services and providers of publicly available services and providers of publicly available number-based interpersonal voice communications services shall offer communications services shall offer end- end-users the facility to monitor and users the facility to monitor and control the control the usage of each of those services usage of each of those services which is which is billed on the basis of either time billed on the basis of either time or volume or volume consumption. This facility shall consumption. This facility shall include include access to timely information on the access to timely information on the level of level of consumption of services included consumption of services included in a tariff in a tariff plan. plan.

Or. en

Amendment 1083 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana

Proposal for a directive Article 96 – paragraph 1

Text proposed by the Commission Amendment

1. National regulatory authorities shall 1. National regulatory authorities shall ensure that the information referred to in ensure that the information referred to in Annex VIII is published in a clear, Annex VIII is published in a clear, comprehensive and easily accessible form comprehensive and easily accessible form by the undertakings providing publicly by the undertakings providing publicly available electronic communications available voice communications services or services other than number-independent publicly available internet access services. interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.

Or. en

Amendment 1084 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana

Proposal for a directive Article 96 – paragraph 2 – subparagraph 1

PE601.017v01-00 144/179 AM\1118908XM.docx XM Text proposed by the Commission Amendment

National regulatory authorities shall ensure National regulatory authorities might that end-users have access free of charge to ensure that end-users have access free of at least one independent comparison tool charge to at least one independent which enables them to compare and comparison tool which enables them to evaluate prices and tariffs, and the quality compare and evaluate prices and tariffs, of service performance of different and the quality of service performance of publicly available electronic different publicly available electronic communications services other than communications services other than number-independent interpersonal number-independent interpersonal communications services. communications services.

Or. en

Amendment 1085 José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 98 – paragraph 3

Text proposed by the Commission Amendment

3. End-users shall have the right to 3. End-users shall have the right to terminate their contract without incurring terminate their contract without incurring any costs upon notice of changes in the any costs upon notice of changes in the contractual conditions proposed by the contractual conditions proposed by the provider of publicly available electronic provider of publicly available electronic communications services other than communications services other than number-independent interpersonal number-independent interpersonal communications services, unless the communications services, unless the proposed changes are exclusively to the proposed changes are strictly necessary to benefit of the end-user or they are strictly implement legislative or regulatory necessary to implement legislative or changes. Providers shall notify end-users, regulatory changes. Providers shall notify at least one month in advance, of any such end-users, at least one month in advance, change, and shall inform them at the same of any such change, and shall inform them time of their right to terminate their at the same time of their right to terminate contract without incurring any costs if they their contract without incurring any costs if do not accept the new conditions. Member they do not accept the new conditions. States shall ensure that notification is made Member States shall ensure that in a clear and comprehensible manner on a notification is made in a clear and durable medium and in a format chosen by comprehensible manner on a durable the end-user at the time of concluding the medium and in a format chosen by the end- contract. user at the time of concluding the contract.

Or. en

AM\1118908XM.docx 145/179 PE601.017v01-00 XM

Amendment 1086 José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 98 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4 a. Any significant discrepancy, continuous or regularly recurring, between the actual performance of the electronic communication service regarding the quality of service parameters and the performance indicated by the provider of the electronic communication service, where the relevant facts are established by a monitoring mechanism certified by the national regulatory authority, be deemed to constitute non-conformity of performance for the purposes of triggering the remedies available to the consumer in accordance with Union and national law.

Or. en

Amendment 1087 José Blanco López, Sergio Gutiérrez Prieto, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Article 99 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

In case of switching between providers of In case of switching between providers of internet access services, the providers electronic communications services, other concerned shall provide the end-user with than number-independent interpersonal adequate information before and during the communications services, the providers switching process and ensure continuity of concerned shall provide the end-user with the service. The receiving provider shall adequate information before and during the ensure that the activation of the service switching process and ensure continuity of shall occur on the date agreed with the end- the service. The receiving provider shall user. The transferring provider shall ensure that the activation of the service continue to provide its services on the same shall occur on the date agreed with the end- PE601.017v01-00 146/179 AM\1118908XM.docx XM terms until the services of the receiving user. The transferring provider shall provider are activated. Loss of service continue to provide its services on the same during the switching process shall not terms until the services of the receiving exceed one working day. provider are activated. Loss of service during the switching process shall not exceed one working day.

Or. en

Amendment 1088 Pervenche Berès, Edouard Martin

Proposal for a directive Article 105 – paragraph 1

Text proposed by the Commission Amendment

Conformément aux dispositions prévues à Conformément aux dispositions prévues à l’annexe X, les États membres veillent à l’annexe X, les États membres veillent à l’interopérabilité des équipements de l’interopérabilité des équipements de radio télévision numérique grand public visés à et de télévision numérique grand public ladite annexe. visés à ladite annexe.

Or. fr

Amendment 1089 Pervenche Berès, Edouard Martin

Proposal for a directive Article 105 – paragraph 1

Text proposed by the Commission Amendment

Or. fr

Amendment 1090 Pervenche Berès, Edouard Martin

Proposal for a directive AM\1118908XM.docx 147/179 PE601.017v01-00 XM Article 106 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Les États membres peuvent imposer des Les États membres peuvent imposer des obligations raisonnables de reprise («must obligations raisonnables de reprise («must carry») pour la transmission de chaînes de carry») pour la transmission de chaînes de radio et de télévision spécifiées et de radio, de services média audiovisuels et de services complémentaires connexes, services complémentaires connexes, notamment les services d’accessibilité notamment les services d’accessibilité destinés à assurer un accès approprié pour destinés à assurer un accès approprié pour les utilisateurs finaux handicapés et les les utilisateurs finaux handicapés ainsi que données qui alimentent les fonctionnalités les données qui alimentent et permettent des services de télévision connectée et des l'accès des utilisateurs finaux aux guides électroniques de programmes, aux fonctionnalités des services de télévision entreprises relevant de leur ressort qui connectée et aux services spécifiés sur les fournissent des réseaux de communications guides électroniques de programmes, aux électroniques utilisés pour la diffusion entreprises relevant de leur ressort qui publique de chaînes de radio et de fournissent des réseaux de communications télévision, lorsqu’un nombre significatif électroniques et des services utilisés pour d’utilisateurs finaux utilisent ces réseaux la diffusion publique de chaînes de radio et comme leur moyen principal pour recevoir services média audiovisuels, lorsqu’un des chaînes de radio et de télévision. Ces nombre significatif d’utilisateurs finaux obligations ne sont imposées que utilisent ces réseaux et services pour lorsqu’elles sont nécessaires pour atteindre recevoir des chaînes de radio et services des objectifs d’intérêt général clairement média audiovisuels. Ces obligations ne définis par chaque État membre, et sont sont imposées que lorsqu’elles sont proportionnées et transparentes. nécessaires pour atteindre des objectifs d’intérêt général clairement définis par chaque État membre, et sont proportionnées et transparentes.

Or. fr

Amendment 1091 Miapetra Kumpula-Natri, Flavio Zanonato, Theresa Griffin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod

Proposal for a directive Article 106 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

Member States may impose reasonable Member States may impose reasonable ‘must carry’ obligations, for the 'must carry' obligations, for the transmission of specified radio and transmission of specified radio and television broadcast channels and related audiovisual media services and related complementary services, particularly complementary services, particularly accessibility services to enable appropriate accessibility services to enable appropriate PE601.017v01-00 148/179 AM\1118908XM.docx XM access for disabled end-users and data access for disabled end-users and data supporting connected TV services and supporting and enabling end-user access electronic programme guides, on to connected TV services and to the undertakings under their jurisdiction specified services on electronic programme providing electronic communications guides, on undertakings under their networks used for the distribution of radio jurisdiction providing electronic or television broadcast channels to the communications networks and services public where a significant number of end- used for the distribution of radio or users of such networks use them as their audiovisual media services to the public principal means to receive radio and where a significant number of end-users of television broadcast channels. Such such networks and services use them to obligations shall only be imposed where receive radio and audiovisual media they are necessary to meet general interest services. Such obligations shall only be objectives as clearly defined by each imposed where they are necessary to meet Member State and shall be proportionate general interest objectives as clearly and transparent. defined by each Member State and shall be proportionate and transparent.

Or. en

Justification

The reference to “television broadcast channels” should be updated by replacing it with “audiovisual media services”, to ensure the provision more future-proof and technologically neutral.

Amendment 1092 Pervenche Berès, Edouard Martin

Proposal for a directive Article 106 – paragraph 2

Text proposed by the Commission Amendment

2. Ni le paragraphe 1 du présent 2. Ni le paragraphe 1 du présent article, ni l’article 57, paragraphe 2, ne article, ni l’article 57, paragraphe 2, ne portent préjudice à la faculté des États portent préjudice à la faculté des États membres de déterminer une rémunération membres de déterminer une rémunération appropriée, le cas échéant, concernant les appropriée, le cas échéant, par le biais mesures prises conformément au présent d'une disposition juridique, pour ce qui article tout en garantissant que, dans des concerne les mesures prises conformément conditions similaires, il n’existe aucune au présent article tout en garantissant que, discrimination dans le traitement des dans des conditions similaires, il n’existe entreprises fournissant des réseaux de aucune discrimination dans le traitement communications électroniques. des entreprises fournissant des réseaux et Lorsqu’une rémunération est fournie, les des services. Lorsqu’une rémunération est États membres veillent à ce qu’elle le soit fournie, les États membres veillent à ce de manière proportionnée et transparente. qu’elle le soit de manière proportionnée et transparente. AM\1118908XM.docx 149/179 PE601.017v01-00 XM Or. fr

Amendment 1093 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana

Proposal for a directive Article 107 – paragraph 1

Text proposed by the Commission Amendment

1. Without prejudice to Article 83(2), 1. Without prejudice to Article 83(2), Member States shall ensure that national Member States shall ensure that national regulatory authorities are able to require all regulatory authorities are able to require all undertakings that provide internet access undertakings that provide internet access services and/or publicly available number- services and/or voice communications based interpersonal communications services to make available all or part of the services to make available all or part of the additional facilities listed in Part B of additional facilities listed in Part B of Annex VI, subject to technical feasibility Annex VI, subject to technical feasibility and economic viability, as well as all or and economic viability, as well as all or part of the additional facilities listed in Part part of the additional facilities listed in Part A of Annex VI. A of Annex VI.

Or. en

Amendment 1094 Evžen Tošenovský

Proposal for a directive Article 109

Text proposed by the Commission Amendment

Article 109 deleted Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Articles 40, 60, 73, 102 and 108 shall be conferred on the Commission for an indeterminate period of time from... [date of entry into force of the basic legislative act or any other date set by the co- legislators].

PE601.017v01-00 150/179 AM\1118908XM.docx XM 3. The delegation of power referred to in Articles 40, 60, 73, 102 and 108 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article(s) 40, 60, 73, 102, and 108 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.

Or. en

Amendment 1095 Herbert Reul, Markus Pieper

Proposal for a directive Article 114 – paragraph 1 a (new)

Text proposed by the Commission Amendment

AM\1118908XM.docx 151/179 PE601.017v01-00 XM (1 a) Dabei überprüft sie insbesondere, ob die Definition von "Netzen mit sehr hoher Kapazität" in Hinblick auf die Leistungsmerkmale Down- und Uplink- Bandbreite, Störfestigkeit, Fehlerparameter, Latenz und Latenzschwankung die aktuelle auf dem Markt genutzte leistungsfähigste Technologie widerspiegelt. Gibt es hier signifikante Verbesserungen oder haben sich andere Leistungsmerkmale als relevant erwiesen, kann die Definition angepasst werden.

Or. de

Justification

Die Definition von "Netzen mit sehr hoher Kapazität" basiert auf der aktuell auf dem Markt genutzten State-of-the-Art Technologie. Eine regelmäßige Überprüfung der Definition gewährleistet, dass auch in Zukunft immer der Ausbau der leistungsfähigsten Netzte gefördert wird.

Amendment 1096 Angelika Niebler, Herbert Reul, Markus Pieper

Proposal for a directive Article 114 – paragraph 3

Text proposed by the Commission Amendment

(3) Die Überprüfung wird anhand der (3) Die Überprüfung wird anhand der sozialen, wirtschaftlichen und technischen sozialen, wirtschaftlichen und technischen Entwicklungen vorgenommen, unter Entwicklungen vorgenommen, unter anderem unter Berücksichtigung von anderem unter Berücksichtigung von Mobilität und Übertragungsraten im Mobilität und Übertragungsraten im Zusammenhang mit den von der Mehrzahl Zusammenhang mit den von der Mehrzahl der Endnutzer vorherrschend verwendeten der Endnutzer vorherrschend verwendeten Technologien. Die Kommission legt dem Technologien. Im Rahmen dieser Europäischen Parlament und dem Rat Überprüfung wird die Definition vom einen Bericht über das Ergebnis dieser "Netz mit sehr hoher Kapazität" ebenfalls Überprüfung vor. evaluiert und es wird geprüft, ob die Definition aufgrund der technologischen Entwicklungen und der sich verändernden Marktgegebenheiten noch den aktuellen Anforderungen entspricht. Die Kommission legt dem Europäischen Parlament und dem Rat einen Bericht über das Ergebnis dieser Überprüfung vor. PE601.017v01-00 152/179 AM\1118908XM.docx XM Or. de

Justification

Das aus Glasfaserkomponenten bestehende elektronische Kommunikationsnetz bietet derzeit in Bezug auf die entsprechenden Leistungsparameter die beste verfügbare Netzleistung. Dennoch entwickeln sich Technologien weiter und neue Marktgegebenheiten in den einzelnen Mitgliedstaaten entstehen. Aus diesem Grund sollten Änderungen an der aktuell bestehenden Definition in Zukunft möglich sein.

Amendment 1097 Morten Helveg Petersen

Proposal for a directive Article 114 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3 a. The Commission shall periodically review the application of the fundamental rights safeguard referred to in Article 93. Such review shall be carried out every five year.

Or. en

Amendment 1098 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana

Proposal for a directive Annex I – paragraph 1

Text proposed by the Commission Amendment

The conditions listed in this Annex provide The conditions listed in this Annex provide the maximum list of conditions which may the maximum list of conditions which may be attached to general authorisations for be attached to general authorisations for electronic communications networks and electronic communications networks and services, except number-independent services, except number-independent interpersonal communications services , interpersonal communications services (Part A), electronic communications (Part A), electronic communications networks (Part B), electronic networks (Part B), voice communications communications services, except number- services and internet access services (Part independent interpersonal C), rights to use radio frequencies (Part D) communications services, (Part C), rights and rights to use numbers (Part E). to use radio frequencies (Part D) and rights to use numbers (Part E)

AM\1118908XM.docx 153/179 PE601.017v01-00 XM Or. en

Amendment 1099 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Annex I – part A – point 4

Text proposed by the Commission Amendment

4. Enabling of legal interception by deleted competent national authorities in conformity with Directive 2002/58/EC and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data54 . ______54 OJ L 281, 23.11.1995, p. 31.

Or. en

Amendment 1100 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana

Proposal for a directive Annex I – part A – point 4

Text proposed by the Commission Amendment

4. Enabling of legal interception by 4. Enabling of legal interception by competent national authorities in competent national authorities where the conformity with Directive 2002/58/EC and provider is established or operates an Directive 95/46/EC of the European electronic communications network and Parliament and of the Council of 24 in conformity with Directive 2002/58/EC October 1995 on the protection of and Directive 95/46/EC of the European individuals with regard to the processing of Parliament and of the Council of 24 personal data and on the free movement of October 1995 on the protection of such data54 . individuals with regard to the processing of personal data and on the free movement of such data and Directive 2014/41/EU of the European Parliament and of the Council

PE601.017v01-00 154/179 AM\1118908XM.docx XM of 3 April 2014 regarding the European Investigation Order in criminal matters. ______54 OJ L 281, 23.11.1995, p. 31.

Or. en

Amendment 1101 Miapetra Kumpula-Natri, Edouard Martin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod

Proposal for a directive Annex I – part A – point 7

Text proposed by the Commission Amendment

7. Access obligations other than those 7. Access obligations other than those provided for in Article 13 of this Directive provided for in Article 13 of this Directive applying to undertakings providing applying to undertakings providing electronic communications networks or electronic communications networks or services. services, including, for the avoidance of doubt, under Article 59(2)

Or. en

Justification

To link with Article 59(2) on symmetrical obligation .

Amendment 1102 Edouard Martin

Proposal for a directive Annex I – part B – point 6 a (new)

Text proposed by the Commission Amendment

6 a. Conditions of a re-assessment of rights of use when their duration goes beyond the minimum defined in this Directive.

Or. en

AM\1118908XM.docx 155/179 PE601.017v01-00 XM Amendment 1103 Miapetra Kumpula-Natri, Theresa Griffin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod

Proposal for a directive Annex I – part D – point 1

Text proposed by the Commission Amendment

1. Obligation to provide a service or 1. Obligation to provide a service or to use a type of technology within the to use a type of technology, within the limits of Article 49 of this Directive limits of Article 49 of this Directive, to including, where appropriate, coverage cover close to 100 percent of European and quality of service requirements. citizens and, where appropriate, quality of service requirements.

Or. en

Amendment 1104 Eva Kaili

Proposal for a directive Annex I – part D – point 1

Text proposed by the Commission Amendment

Or. en

Amendment 1105 Pervenche Berès, Edouard Martin

Proposal for a directive Annex II – part 2 – point b

Text proposed by the Commission Amendment

b) Accès aux guides électroniques de b) Accès aux guides électroniques de programmes (EPG). programmes (EPG), y compris pour les informations permettant aux utilisateurs

PE601.017v01-00 156/179 AM\1118908XM.docx XM finaux d'accéder aux services de télévision connectée.

Or. fr

Amendment 1106 Miapetra Kumpula-Natri, Theresa Griffin, Zigmantas Balčytis, Victor Negrescu, Carlos Zorrinho, Dan Nica, Jeppe Kofod

Proposal for a directive Annex II – part 2 – point b

Text proposed by the Commission Amendment

(b) Access to electronic programme (b) Access to electronic programme guides (EPGs). guides (EPGs), including for data supporting and enabling end-user access to connected TV services

Or. en

Justification

Including "data supporting and enabling end-user access to connected TV services" in Annex II Part II (b) renders the conditions under which access must be granted technology neutral and future-proof. This way NRAs can impose access obligations to address practices hampering competition, to the detriment of European consumers (data supporting connected TV services may include audiovisual media services, radio and audio services, but also interactive services, such as applications, games and voting, clips, text, images and graphics).

Amendment 1107 Pervenche Berès

Proposal for a directive Annex II – part 2 – point b a (new)

Text proposed by the Commission Amendment

b bis) (c) Accès aux fonctionnalités de mise en cache

Or. fr

Amendment 1108

AM\1118908XM.docx 157/179 PE601.017v01-00 XM Miapetra Kumpula-Natri, Jeppe Kofod, Dan Nica, Carlos Zorrinho, Victor Negrescu, Zigmantas Balčytis

Proposal for a directive Annex II – part 2 a (new)

Text proposed by the Commission Amendment

Or. en

Justification

"Caching facilities" play an increasingly important role in the distribution of on-demand audiovisual services. We should assess this development and allow NRAs to impose access obligations if necessary.

Amendment 1109 Dan Nica, Peter Kouroumbashev, Miapetra Kumpula-Natri

Proposal for a directive Annex III

Text proposed by the Commission Amendment

Criteria for the determination of deleted wholesale call termination rates Criteria and parameters for the determination of rates for wholesale call termination on fixed and mobile markets, referred to in Article 73 (4): (a) the relevant incremental costs of the wholesale voice call termination service shall be determined by the difference between the total long-run costs of an operator providing its full range of services and the total long-run costs of that operator not providing a wholesale voice call termination service to third parties; (b) only those traffic related costs which would be avoided in the absence of a wholesale voice call termination service being provided shall be allocated to the relevant termination increment; (c) costs related to additional network capacity shall be included only to the PE601.017v01-00 158/179 AM\1118908XM.docx XM extent that they are driven by the need to increase capacity for the purpose of carrying additional wholesale voice call termination traffic; (d) radio spectrum fees shall be excluded from the mobile termination increment; (e) only those wholesale commercial costs shall be included which are directly related to the provision of the wholesale voice call termination service to third parties; (f) all fixed network operators shall be deemed to provide voice call termination services at the same unit costs as the efficient operator, regardless of their size; (g) for mobile network operators, the minimum efficient scale shall be set at a market share not below 20%; (h) the relevant approach for asset depreciation shall be economic depreciation; and (i) the technology choice of the modelled networks shall be forward looking, based on an IP core network, taking into account the various technologies likely to be used over the period of validity of the maximum rate. In the case of fixed networks, calls shall be considered to be exclusively packet switched.

Or. en

Amendment 1110 Miapetra Kumpula-Natri, Dan Nica, Jeppe Kofod, Carlos Zorrinho, Victor Negrescu, Zigmantas Balčytis

Proposal for a directive Annex IV

Text proposed by the Commission Amendment

[...] deleted

Or. en

AM\1118908XM.docx 159/179 PE601.017v01-00 XM Amendment 1111 Kaja Kallas

Proposal for a directive Annex IV – subheading 1

Text proposed by the Commission Amendment

CRITERIA FOR ASSESSING CO- CRITERIA FOR ASSESSING CO- INVESTMENT OFFERS INVESTMENT TERMS

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1112 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Bei der Bewertung eines Ko- Bei der Bewertung eines Ko- Investitionsangebots gemäß Artikel 74 Investitionsangebots gemäß Artikel 74 Absatz 1 überprüft die nationale Absatz 1 überprüft die nationale Regulierungsbehörde, ob die folgenden Regulierungsbehörde, ob die folgenden Kriterien erfüllt sind: Kriterien erfüllt sind oder eine angemessene Erwartung besteht, dass diese erfüllt werden:

Or. de

Amendment 1113 Anna Záborská, Ivan Štefanec

Proposal for a directive Annex IV – paragraph 1 – introductory part

Text proposed by the Commission Amendment

When assessing a co-investment offer When assessing offers for co-investment pursuant to Article 74 (1), the national or wholesale access pursuant to Article 74 (1), the national regulatory authority shall

PE601.017v01-00 160/179 AM\1118908XM.docx XM regulatory authority shall verify whether verify whether the following criteria have the following criteria have been met: been met:

Or. en

Amendment 1114 Kaja Kallas

Proposal for a directive Annex IV – paragraph 1 – introductory part

Text proposed by the Commission Amendment

When assessing a co-investment offer When assessing co-investment terms pursuant to Article 74 (1), the national pursuant to Article 74 (1), the national regulatory authority shall verify whether regulatory authority shall verify whether the following criteria have been met: the following criteria have been met:

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1115 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point a

Text proposed by the Commission Amendment a) Das Ko-Investitionsangebot steht a) Auf dem relevanten Markt allen Unternehmen während der bestehen mindestens drei unabhängige Lebensdauer des in diesem Rahmen Netze; ausgebauten Netzes diskriminierungsfrei offen. Der Betreiber mit beträchtlicher Marktmacht kann in das Angebot angemessene Bedingungen bezüglich der finanziellen Leistungsfähigkeit eines Unternehmens aufnehmen, so dass potenzielle Ko-Investoren z. B. nachweisen müssen, dass sie in der Lage sind, gestaffelte Zahlungen zu leisten, auf deren Grundlage der Ausbau geplant wird, oder bezüglich der Zustimmung zu

AM\1118908XM.docx 161/179 PE601.017v01-00 XM einem strategischen Plan, auf dessen Grundlage mittelfristige Ausbaupläne aufgestellt werden usw.

Or. de

Amendment 1116 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Annex IV – paragraph 1 – point b – introductory part

Text proposed by the Commission Amendment

(b) The co-investment offer shall be (b) The co-investment offer shall be transparent: fair, reasonable, non-discriminatory and transparent:

Or. en

Amendment 1117 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point b – introductory part

Text proposed by the Commission Amendment

b) Das Ko-Investitionsangebot muss b) Das Ko-Investitionsvorhaben transparent sein: diskriminiert keine Teilnehmer;

Or. de

Amendment 1118 Kaja Kallas

Proposal for a directive Annex IV – paragraph 1 – point b – introductory part

Text proposed by the Commission Amendment

(b) The co-investment offer shall be (b) The co-investment terms shall be transparent: transparent:

PE601.017v01-00 162/179 AM\1118908XM.docx XM Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1119 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point b – indent 1

Text proposed by the Commission Amendment

- das Angebot steht auf der Website entfällt des Betreibers mit beträchtlicher Marktmacht zur Verfügung und ist dort leicht auffindbar;

Or. de

Amendment 1120 Kaja Kallas

Proposal for a directive Annex IV – paragraph 1 – point b – indent 1

Text proposed by the Commission Amendment

- the offer is available and easily - the terms are available and easily identified on the website of the SMP identified on the website of the SMP operator; operator;

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1121 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point b – indent 2 AM\1118908XM.docx 163/179 PE601.017v01-00 XM

Text proposed by the Commission Amendment

- die vollständigen detaillierten entfällt Bedingungen müssen jedem potenziellen Bieter, der sein Interesse bekundet hat, unverzüglich zur Verfügung gestellt werden, einschließlich der Rechtsform der Ko-Investitionsvereinbarung und – soweit zutreffend – der Eckpunkte der Verwaltungsvorschriften des Ko- Investitionsinstruments;

Or. de

Amendment 1122 Anna Záborská, Ivan Štefanec

Proposal for a directive Annex IV – paragraph 1 – point b – indent 2

Text proposed by the Commission Amendment

- full detailed terms must be made - full detailed terms must be made available without undue delay to any available without undue delay to any potential bidder that has expressed an potential bidder that has expressed an interest, including the legal form of the co- interest, including the legal form of the co- investment agreement and - when relevant investment or wholesale access agreement - the heads of term of the governance rules and - when relevant - the heads of term of of the co-investment vehicle; and the governance rules of the co-investment vehicle; and

Or. en

Amendment 1123 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point b – indent 3

Text proposed by the Commission Amendment

- der Prozess, also z. B. der entfällt Fahrplan für die Einrichtung und Entwicklung des Ko-Investitionsprojekts, muss im Voraus festgelegt und potenziellen Ko-Investoren in schriftlicher

PE601.017v01-00 164/179 AM\1118908XM.docx XM Form klar erläutert werden; alle wichtigen Meilensteine müssen allen Unternehmen eindeutig und diskriminierungsfrei mitgeteilt werden.

Or. de

Amendment 1124 Anna Záborská, Ivan Štefanec

Proposal for a directive Annex IV – paragraph 1 – point b – indent 3

Text proposed by the Commission Amendment

- The process, like the road map for - The process, like the road map for the establishment and development of the the deployment models pursuant to co-investment project must be set in subparagraphs (ii) and (iii) of Article 74 advance, it must clearly explained in (1) (a) of the new network elements must writing to any potential co-investor, and all be set in advance, it must clearly explained significant milestones be clearly in writing to any potential co-investor and communicated to all undertakings without access seeker, and all significant any discrimination. milestones be clearly communicated to all undertakings without any discrimination.

Or. en

Amendment 1125 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point c – introductory part

Text proposed by the Commission Amendment c) Das Ko-Investitionsangebot c) Kein Anbieter mit beträchtlicher enthält Bedingungen, die langfristig einen Marktmacht auf dem relevanten Markt nachhaltigen Wettbewerb fördern, hält mehr als 50% des Endkundenmarktes darunter insbesondere: bei Netzen, die durch Ko- Investitionsvorhaben gebaut wurden.

Or. de

Amendment 1126 Anna Záborská, Ivan Štefanec AM\1118908XM.docx 165/179 PE601.017v01-00 XM

Proposal for a directive Annex IV – paragraph 1 – point c – introductory part

Text proposed by the Commission Amendment

(c) The co-investment offer shall (c) The offer shall include terms to include terms to potential co-investors potential co-investors and access seekers which favour sustainable competition in which favour sustainable competition in the long term, in particular: the long term, in particular:

Or. en

Amendment 1127 Kaja Kallas

Proposal for a directive Annex IV – paragraph 1 – point c – introductory part

Text proposed by the Commission Amendment

(c) The co-investment offer shall (c) The co-investment terms shall include terms to potential co-investors include terms to potential co-investors which favour sustainable competition in which favour sustainable competition in the long term, in particular: the long term, in particular:

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1128 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point c – indent 1

Text proposed by the Commission Amendment

- Allen Unternehmen müssen für entfällt die Beteiligung an der Ko- Investitionsvereinbarung Bedingungen angeboten werden, die im Verhältnis zu dem Zeitpunkt ihres Beitritts fair, zumutbar und nichtdiskriminierend sind, auch im Hinblick auf einen finanziellen PE601.017v01-00 166/179 AM\1118908XM.docx XM Beitrag zum Erwerb bestimmter Rechte, den Schutz, den die Ko-Investoren aufgrund solcher Rechte sowohl in der Ausbauphase als auch in der Betriebsphase genießen, z. B. durch Gewährung unveräußerlicher Nutzungsrechte für die erwartete Lebensdauer des gemeinsam finanzierten Netzes, und die Bedingungen für einen Beitritt und einen etwaigen Austritt aus der Ko-Investitionsvereinbarung. Nichtdiskriminierende Bedingungen bedeutet in diesem Zusammenhang nicht, dass allen potenziellen Ko-Investoren genau die gleichen – auch finanziellen – Bedingungen angeboten werden müssen, sondern dass sämtliche Abweichungen anhand derselben objektiven, transparenten, nichtdiskriminierenden und vorhersehbaren Kriterien, wie z. B. die Zahl der zugesagten Endnutzer- Anschlussleitungen, gerechtfertigt sein müssen.

Or. de

Amendment 1129 Anna Záborská, Ivan Štefanec

Proposal for a directive Annex IV – paragraph 1 – point c – indent 1

Text proposed by the Commission Amendment

- All undertakings have to be offered - All undertakings have to be offered fair, reasonable and non-discriminatory fair, reasonable and non-discriminatory terms and conditions for participation in terms and conditions for participation in the co-investment agreement relative to the the co-investment or wholesale access time they join, including in terms of agreement relative to the time they join, financial consideration required for the including in terms of financial acquisition of specific rights, in terms of consideration required for the acquisition the protection awarded to the co-investors of specific rights, in terms of the protection by those rights both during the building awarded to the coinvestors and access phase and during the exploitation phase, seekers by those rights both during the for example by granting indefeasible rights building phase and during the exploitation of use (IRUs) for the expected lifetime of phase, for example by granting the co-invested network and in terms of the indefeasible rights of use (IRUs) for the conditions for joining and potentially expected lifetime of the newly deployed terminating the co-investment agreement. network elements and in terms of the AM\1118908XM.docx 167/179 PE601.017v01-00 XM Non-discriminatory terms in this context conditions for joining and potentially do not entail that all potential co-investors terminating the co-investment or wholesale must be offered exactly the same terms, access agreement. Fair, reasonable and including financial terms, but that all non-discriminatory terms shall ensure variations of the terms offered must be cost recovery and take into account the justified on the basis of the same objective, risks associated to the investments by the transparent, non-discriminatory and operator. Non-discriminatory terms in this predictable criteria such as the number of context do not entail that all potential end user lines committed for. coinvestors or access seekers must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as thenumber of end user lines committed for.

Or. en

Amendment 1130 Michel Reimon on behalf of the Verts/ALE Group Julia Reda, Cornelia Ernst

Proposal for a directive Annex IV – paragraph 1 – point c – indent 1

Text proposed by the Commission Amendment

- All undertakings have to be offered - All undertakings have to be offered fair, reasonable and non-discriminatory fair, reasonable and non-discriminatory terms and conditions for participation in terms and conditions for participation in the co-investment agreement relative to the the co-investment agreement relative to the time they join, including in terms of time they join, including in terms of financial consideration required for the financial consideration required for the acquisition of specific rights, in terms of acquisition of specific rights, in terms of the protection awarded to the co-investors access to individual lines, in terms of the by those rights both during the building protection awarded to the co-investors by phase and during the exploitation phase, those rights both during the building phase for example by granting indefeasible rights and during the exploitation phase, for of use (IRUs) for the expected lifetime of example by granting indefeasible rights of the co-invested network and in terms of the use (IRUs) for the expected lifetime of the conditions for joining and potentially co-invested network and in terms of the terminating the co-investment agreement. conditions for joining and potentially Non-discriminatory terms in this context terminating the co-investment agreement. do not entail that all potential co-investors Non-discriminatory terms in this context must be offered exactly the same terms, do not entail that all potential co-investors including financial terms, but that all must be offered exactly the same terms, variations of the terms offered must be including financial terms, but that all PE601.017v01-00 168/179 AM\1118908XM.docx XM justified on the basis of the same objective, variations of the terms offered must be transparent, non-discriminatory and justified on the basis of the same objective, predictable criteria such as the number of transparent, non-discriminatory and end user lines committed for. predictable criteria such as the number of end user lines committed for.

Or. en

Justification

Current provisions for co-investment practices do not allow non-profit or local ISPs to participate in the investments, restricting this opportunity only to larger and incumbent actors. Although Community Networks (CN) and local actors have proven successful in connecting underprivileged communities both in urban and rural areas, it would be only normal to considered them equal members of the telecoms ecosystem, thus giving them fair and equal access to co-investment opportunities.

Amendment 1131 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point c – indent 2

Text proposed by the Commission Amendment

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

Or. de

AM\1118908XM.docx 169/179 PE601.017v01-00 XM

Amendment 1132 Anna Záborská, Ivan Štefanec

Proposal for a directive Annex IV – paragraph 1 – point c – indent 2

Text proposed by the Commission Amendment

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

Or. en

Amendment 1133 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point c – indent 3

Text proposed by the Commission Amendment

- Ein mit der Zeit steigender entfällt Mehrbeitrag für erst später eingegangene Verpflichtungen und für neue Ko- Investoren, die der Ko- Investitionsvereinbarung erst nach Beginn des Projekts beitreten, gilt als gerechtfertigt, da er die sinkenden Risiken widerspiegelt und jeden Anreiz nimmt, in früheren Phasen Kapital zurückzuhalten.

Or. de

PE601.017v01-00 170/179 AM\1118908XM.docx XM

Amendment 1134 Anna Záborská, Ivan Štefanec

Proposal for a directive Annex IV – paragraph 1 – point c – indent 3

Text proposed by the Commission Amendment

- A premium increasing over time - A premium increasing over time has to be considered as justified for has to be considered as justified for commitments made at later stages and for commitments made at later stages and for new co-investors entering the co- new co-investors or access seekers investment after the commencement of the entering after the commencement of the project, to reflect diminishing risks and to project, to reflect diminishing risks and to counteract any incentive to withhold counteract any incentive to withhold capital in the earlier stages. capital in the earlier stages.

Or. en

Amendment 1135 Anna Záborská, Ivan Štefanec

Proposal for a directive Annex IV – paragraph 1 – point c – indent 3 a (new)

Text proposed by the Commission Amendment

- Terms and conditions reflecting utilization risks stemming from e.g. low take-up rates compared to overall coverage have to be considered as justified.

Or. en

Amendment 1136 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point c – indent 4

Text proposed by the Commission Amendment

- Die Ko-Investitionsvereinbarung entfällt muss zulassen, dass Ko-Investoren

AM\1118908XM.docx 171/179 PE601.017v01-00 XM erworbene Rechte an andere Ko- Investoren oder an Dritte, die willens sind, der Ko-Investitionsvereinbarung beizutreten, übertragen, sofern das übernehmende Unternehmen verpflichtet bleibt, alle ursprünglichen Verpflichtungen des übertragenden Unternehmens im Rahmen der Ko- Investitionsvereinbarung zu erfüllen.

Or. de

Amendment 1137 Anna Záborská, Ivan Štefanec

Proposal for a directive Annex IV – paragraph 1 – point c – indent 4

Text proposed by the Commission Amendment

- The co-investment agreement has - – The co-investment or wholesale to allow the assignment of acquired rights access agreements have to allow the by co-investors to other co-investors, or to assignment of acquired rights to other co- third parties willing to enter into the co- investors, access seekers or to third parties investment agreement subject to the willing to enter into the co-investment or transferee undertaking being obliged to wholesale access agreement subject to the fulfil all original obligations of the transferee undertaking being obliged to transferor under the co-investment fulfil all original obligations of the agreement. transferor under the co-investment or wholesale access agreement.

Or. en

Amendment 1138 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point c – indent 5

Text proposed by the Commission Amendment

- Die Ko-Investoren müssen sich entfällt untereinander zu fairen und zumutbaren Bedingungen gegenseitige Rechte für den Zugang zu der gemeinsam finanzierten Infrastruktur zwecks Erbringung nachgelagerter Dienste – auch für PE601.017v01-00 172/179 AM\1118908XM.docx XM Endkunden – unter transparenten Bedingungen gewähren, die im Ko- Finanzierungsangebot und in der anschließenden Vereinbarung transparent aufgeführt sein müssen, insbesondere wenn die Ko-Investoren einzeln und getrennt für den Ausbau bestimmter Teile des Netzes verantwortlich sind. Wird ein Ko- Investitionsinstrument gebildet, muss es allen Ko-Investoren direkt oder indirekt Zugang zu dem Netz auf der Grundlage der Gleichwertigkeit des Inputs und zu fairen und zumutbaren – auch finanziellen – Bedingungen gewähren, die der unterschiedlichen Höhe der von den einzelnen Ko-Investoren eingegangenen Risiken Rechnung tragen.

Or. de

Amendment 1139 Anna Záborská, Ivan Štefanec

Proposal for a directive Annex IV – paragraph 1 – point c – indent 5

Text proposed by the Commission Amendment

- Co-investors have to grant each - Co-investors have to grant each other reciprocal rights on fair and other reciprocal rights on fair and reasonable terms and conditions to access reasonable terms and conditions to access the co-invested infrastructure for the the co-invested infrastructure for the purposes of providing services purposes of providing services downstream, including to end-users, downstream, including to end-users, according to transparent conditions which according to transparent conditions which have to be made transparent in the co- have to be made transparent in the co- investment offer and subsequent investment offer and subsequent agreement, in particular where co-investors agreement, in particular where co-investors are individually and separately responsible are individually and separately responsible for the deployment of specific parts of the for the deployment of specific parts of the network. If a co-investment vehicle is network. If a co-investment vehicle is created, it has to provide access to the created, it has to provide access to the network to all co-investors, whether network to all co-investors, whether directly or indirectly, on an equivalence of directly or indirectly, on an equivalence of inputs basis and according to fair and output basis and according to fair and reasonable terms and conditions, including reasonable terms and conditions, including financial conditions that reflect the financial conditions that reflect the

AM\1118908XM.docx 173/179 PE601.017v01-00 XM different levels of risk accepted by the different levels of risk accepted by the individual co-investors. individual co-investors.

Or. en

Amendment 1140 Anna Záborská, Ivan Štefanec

Proposal for a directive Annex IV – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) The co-investment offer shall deleted ensure a sustainable investment likely to meet future needs, by deploying new network elements that contribute significantly to the deployment of very high capacity networks.

Or. en

Amendment 1141 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point d

Text proposed by the Commission Amendment

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

Or. de

Amendment 1142 PE601.017v01-00 174/179 AM\1118908XM.docx XM Kaja Kallas

Proposal for a directive Annex IV – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) The co-investment offer shall (d) The co-investment terms shall ensure a sustainable investment likely to ensure a sustainable investment likely to meet future needs, by deploying new meet future needs, by deploying new network elements that contribute network elements that contribute significantly to the deployment of very significantly to the deployment of very high capacity networks. high capacity networks.

Or. en

Justification

In accordance with rule 104 of the rules of procedure, this amendment is necessary for pressing reasons related to the internal logic of the text

Amendment 1143 Werner Langen, Sabine Verheyen, Norbert Lins

Proposal for a directive Annex IV – paragraph 1 – point d a (new)

Text proposed by the Commission Amendment

d a) Das Ko-Investitionsvorhaben hat weder direkte noch indirekte Abschottungswirkungen, die den Marktzutritt zum relevanten Markt verhindern würden.

Or. de

Amendment 1144 Pervenche Berès, Edouard Martin

Proposal for a directive Annex V – point 11 a (new)

Text proposed by the Commission Amendment

(11 bis) (12) services media audiovisuels

AM\1118908XM.docx 175/179 PE601.017v01-00 XM Or. fr

Amendment 1145 Miapetra Kumpula-Natri, Theresa Griffin, Dan Nica, Jeppe Kofod, Carlos Zorrinho, Victor Negrescu, Zigmantas Balčytis

Proposal for a directive Annex V – point 11 a (new)

Text proposed by the Commission Amendment

(11 a) audiovisual media services

Or. en

Justification

If the we retain the approach using a list to define the services which can be supported by functional internet access services, then audiovisual media services should be added to this list. Universal access to broadband networks plays a vital role for public service media services to serve inclusive digital society in an Internet era.

Amendment 1146 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Annex V – point 11 a (new)

Text proposed by the Commission Amendment

(11 a) e-Health services

Or. en

Amendment 1147 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Annex VII – subheading 1

Text proposed by the Commission Amendment

CALCULATING THE NET COST, IF CALCULATING THE NET COST, IF ANY, OF UNIVERSAL SERVICE ANY, OF UNIVERSAL SERVICE OBLIGATIONS AND ESTABLISHING ANY RECOVERY OR SHARING PE601.017v01-00 176/179 AM\1118908XM.docx XM OBLIGATIONS IN ACCORDANCE MECHANISM IN ACCORDANCE WITH ARTICLES 84 AND 85 WITH ARTICLES 84 AND 85

Or. en

Justification

Member States must continue having flexibility about the financing of the universal service obligation regime. Coherence with amendment to Article 85, paragraph 1

Amendment 1148 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Annex VII – subheading 1 a (new)

Text proposed by the Commission Amendment

PART A: CALCULATION OF NET COST

Or. en

Justification

Member States must continue having flexibility about the financing of the universal service obligation regime. Coherence with amendment to Article 85, paragraph 1

Amendment 1149 José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Soledad Cabezón Ruiz

Proposal for a directive Annex VII – paragraph 3 – subparagraph 2 a (new)

Text proposed by the Commission Amendment

PART B: RECOVERY OF ANY NET COSTS OF UNIVERSAL SERVICE OBLIGATIONS The recovery or financing of any net costs of universal service obligations requires designated undertakings with universal service obligations to be compensated for the services they provide under non- commercial conditions. Because such a compensation involves financial transfers, Member States are to ensure that these AM\1118908XM.docx 177/179 PE601.017v01-00 XM are undertaken in an objective, transparent, non-discriminatory and proportionate manner. This means that the transfers result in the least distortion to competition and to user demand. In accordance with Article 85(3), a sharing mechanism based on a fund should use a transparent and neutral means for collecting contributions that avoids the danger of a double imposition of contributions falling on both outputs and inputs of undertakings. The independent body administering the fund is to be responsible for collecting contributions from undertakings which are assessed as liable to contribute to the net cost of universal service obligations in the Member State and is to oversee the transfer of sums due and/or administrative payments to the undertakings entitled to receive payments from the fund.

Or. en

Justification

Member States must continue having flexibility about the financing of the universal service obligation regime. Coherence with amendment to Article 85, paragraph 1

Amendment 1150 Pervenche Berès, Edouard Martin

Proposal for a directive Annex X – subheading 1

Text proposed by the Commission Amendment

INTEROPÉRABILITÉ DES INTEROPÉRABILITÉ DES ÉQUIPEMENTS DE TÉLÉVISION ÉQUIPEMENTS NUMÉRIQUES NUMÉRIQUE GRAND PUBLIC VISÉS GRAND PUBLIC VISÉS À L’ARTICLE À L’ARTICLE 105 105

Or. fr

Amendment 1151 PE601.017v01-00 178/179 AM\1118908XM.docx XM Pervenche Berès, Edouard Martin

Proposal for a directive Annex X – part 2 a (new)

Text proposed by the Commission Amendment

2 bis. Interopérabilité en matière de réception radiophonique

Or. fr

Amendment 1152 Pervenche Berès

Proposal for a directive Annex X – part 2 b (new)

Text proposed by the Commission Amendment

2 ter. Tout équipement de radio mis sur le marché pour la vente ou la location ou rendu disponible dans l'Union doit être en mesure de recevoir des services de radio digitaux et analogiques, conformément aux normes adoptées par une organisation de normalisation européenne reconnue. Pour tout équipement portable vendu dans l'Union qui inclut un récepteur radiophonique analogique et:ou numérique, ce récepteur sera activé.

Or. fr

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