Sittings · Document

Draft report (COM(2023)0094 – C9-0028/2023 – 2023/0046(COD)) 2023-07-07

Measures to reduce the cost of deploying gigabit electronic communications networks and repealing Directive 2014/61/EU (Gigabit Infrastructure Act)

Committee on Industry, Research and Energy

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AM_Com_LegReport

Amendment 263

Franc Bogovič

Proposal for a regulation

Article 3 – paragraph 7

Text proposed by the Commission

Amendment

7. Operators shall have the right to offer access to their physical infrastructure for the purpose of deploying networks other than electronic communications networks or associated facilities.

7. Undertakings providing or authorised to provide public electronic communications networks shall have the right to offer access to their physical infrastructure for the purpose of deploying networks other than electronic communications networks.

Or. en

Justification

This amendment is aimed at reflecting the exclusion of undertakings only providing associated facilities from the obligations linked to network operators and the corresponding amendment to the Article 2 on Definitions. In order to allow free competition and to incentivise wider investments they should not benefit from special provisions set out in this Regulation for regulated network operators. Excluding undertakings only providing associated facilities from the list of network operators takes account of the disproportionate imbalance between benefits and obligations imposed on these undertakings by this proposal and the fact that these undertakings already have a strong incentive to share infrastructure and provide access to their facilities to as many parties as possible.

Amendment 264

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 3 – paragraph 8

Text proposed by the Commission

Amendment

8. This Article shall be without prejudice to the right to property of the owner of the physical infrastructure where the network operator or the public sector body is not the owner and to the right to property of any other third party, such as landowners and private property owners.

8. This Regulation shall be without prejudice to the right to property of the owner of the physical infrastructure where the network operator or the public sector body is not the owner and to the right to property of any other third party, such as landowners and private property owners.

Or. en

Justification

It needs to be underlined that the property rights are in no way touched by this Regulation and property owners retain the discretion of their rights. The potential obligations to negotiate and the right to access is always conditional to owner decision and should not be interpreted as a restriction of the property right. (Maybe clarification useful in a recital)

Amendment 265

Beatrice Covassi, Carlos Zorrinho, Patrizia Toia, Lina Gálvez Muñoz, Adriana Maldonado López

Proposal for a regulation

Article 3 – paragraph 9

Text proposed by the Commission

Amendment

9. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, the Commission shall, in close cooperation with BEREC, provide guidance on the application of this Article by 6 months before the date of application of this Regulation. Such guidance should provide the appropriate level of granularity, including relevant specifities introduced at Member State level.

Or. en

Amendment 266

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 3 – paragraph 9

Text proposed by the Commission

Amendment

9. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, and having taken into account well-established principles and the divergent situation across Member States the Commission may, in close cooperation with BEREC, provide guidance on the application of this Article.

Or. en

Amendment 267

Franc Bogovič

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

In order to request access to physical infrastructure in accordance with Article 3, any operator shall have the right to access, upon request, the following minimum information on existing physical infrastructure in electronic format via a single information point:

In order to request access to physical infrastructure in accordance with Article 3, any undertaking providing or authorised to provide public electronic communications network shall have the right to access, upon request, the following minimum information on existing physical infrastructure in electronic format via a single information point:

Or. en

Justification

Amendment 268

Adam Jarubas, Janusz Lewandowski, Jerzy Buzek

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Or. en

Amendment 269

Angelika Winzig, Sara Skyttedal, Adam Jarubas, Seán Kelly, Markus Pieper, Henna Virkkunen, Othmar Karas, Angelika Niebler

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) georeferenced location and route;

(a) location and route;

Or. en

Justification

Providing georeferenced information on all existing infrastructure within 12 months would not be manageable by small municipalities in rural areas, due to their limited staff. Even with financial and professional assistance, the digitisation of information, like, for example, old printed sewer plans, will take some time. See also the AMs on Article 4, Para 2.

Amendment 270

Franc Bogovič

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

Any operator requesting access to information pursuant to this Article shall specify the area in which it envisages deploying elements of very high capacity networks or associated facilities.

Any undertaking providing or authorised to provide public electronic communications network requesting access to information pursuant to this Article shall specify the area in which it envisages deploying elements of very high capacity networks or associated facilities.

Or. en

Justification

Amendment 271

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 4

Text proposed by the Commission

Amendment

Access to the minimum information may be limited only where necessary to ensure the security of certain buildings owned or controlled by public sector bodies, the security of the networks and their integrity, national security, public health or safety, or for reasons of confidentiality or operating and business secrets.

Access to the minimum information may be limited only where necessary to ensure the security of certain buildings owned or controlled by public sector bodies, the security of the networks and their integrity, national security, the security of national critical infrastructure, public health or safety, or for reasons of confidentiality or operating and business secrets.

Or. en

Amendment 272

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. Network operators and public sector bodies shall make available the minimum information referred to in paragraph 1, via the single information point and in electronic format, by [DATE OF ENTRY INTO FORCE + 12 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1.

2. Network operators, including operators of electronic communication network, and public sector bodies shall make available at least the minimum information referred to in paragraph 1, via the single information point and in electronic format, by [DATE OF ENTRY INTO FORCE + 12 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1. Member states can specify additional categories of information to be provided by the network operators.

Or. en

Justification

In order to increase the efficiency of deployments, we need a reasonably complete image of the existing networks. For legal clarity the additional information should be standardised at least at MS level.

Amendment 273

Angelika Winzig, Sara Skyttedal, Adam Jarubas, Seán Kelly, Markus Pieper, Henna Virkkunen, Othmar Karas, Angelika Niebler

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. In cases, where Network operators and public sector bodies possess the minimum information referred to in paragraph 1 in electronic format, and in cases referred to in paragraph 1 point a) in georeferenced and electronic format, they shall make it available via the single information point, by [DATE OF ENTRY INTO FORCE + 12 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1.

Or. en

Amendment 274

Adam Jarubas, Janusz Lewandowski

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 275

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. Network operators and public sector bodies shall make available the minimum information referred to in paragraph 1, via the single information point and in electronic format, by [DATE OF ENTRY INTO FORCE + 18 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1.

Or. en

Amendment 276

Angelika Winzig, Sara Skyttedal, Adam Jarubas, Seán Kelly, Henna Virkkunen, Othmar Karas, Angelika Niebler

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

In cases where the minimum information referred to in paragraph 1 was not yet made available via the single information point in electronic format, Network operators and public sector bodies shall make it available via the single information point in electronic format upon request no later than 15 days after the request for information is submitted. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1.

Member States shall set up a deadline until which Network operators and public sector bodies shall make available the minimum information referred to in paragraph 1 via the single information point in electronic format.

Or. en

Justification

Providing information in electronic format on all existing infrastructure within 12 months would not be manageable by small municipalities in rural areas, due to their limited staff. Even with financial and professional assistance, the digitisation process will take some time. So priority should be given to the digitisation of information that was requested. Since the level of digitisation varies strongly between Member States, they each should set up a deadline until which the digitisation process should be finished.

Amendment 277

Miapetra Kumpula-Natri

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States should, without delay, make a preliminary inventory of existing information/databases to connect these existing sources of information.

Or. en

Justification

In many countries databases containing this information are already available, so the idea is to have a SIP as an entry point connecting with other databases to avoid duplication.

Amendment 278

Franc Bogovič

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. Network operators and public sector bodies shall meet reasonable requests for on-site surveys of specific elements of their physical infrastructure upon specific request of an operator. Such requests shall specify the elements of the physical infrastructure concerned with a view to deploying elements of very high capacity networks or associated facilities. On-site surveys of the specified elements of the physical infrastructure shall be granted under proportionate, non-discriminatory and transparent terms within 1 month from the date of receipt of the request, subject to the limitations set out in paragraph 1, fourth subparagraph.

3. Network operators and public sector bodies shall meet reasonable requests for on-site surveys of specific elements of their physical infrastructure upon specific request of an undertaking providing or authorised to provide public electronic communications network. Such requests shall specify the elements of the physical infrastructure concerned with a view to deploying elements of very high capacity networks or associated facilities. On-site surveys of the specified elements of the physical infrastructure shall be granted under proportionate, non-discriminatory and transparent terms within 1 month from the date of receipt of the request, subject to the limitations set out in paragraph 1, fourth subparagraph.

Or. en

Justification

Amendment 279

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. Network operators and public sector bodies shall meet reasonable requests for on-site surveys of specific elements of their physical infrastructure upon written request of an operator. Such requests shall specify the elements of the physical infrastructure concerned with a view to deploying elements of very high capacity networks or associated facilities. On-site surveys of the specified elements of the physical infrastructure shall be granted under proportionate, non-discriminatory and transparent terms within 1 month from the date of receipt of the request, subject to the limitations set out in paragraph 1, fourth subparagraph.

Or. en

Amendment 280

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 4 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Before implementing the SIP, Member States should make a preliminary inventory of existing information/databases to connect these existing sources of information.

Or. en

Amendment 281

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 4 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

Paragraphs 1, 2 and 3 need not apply to critical national infrastructure as defined under national law.

Paragraphs 1, 2 and 3 shall not apply to critical national infrastructure as defined under national law.

Or. en

Amendment 282

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 4 – paragraph 4 – subparagraph 2 – point b

Text proposed by the Commission

Amendment

(b) in specific cases where the obligation to provide information about certain existing physical infrastructure pursuant to paragraph 1, first subparagraph, would be disproportionate, on the basis of a detailed cost-benefit analysis conducted by Member States and based on a consultation with stakeholders.

(b) in specific cases where the obligation to provide information about certain existing types of physical infrastructure pursuant to paragraph 1, first subparagraph, would be disproportionate, on the basis of a detailed cost-benefit analysis conducted by Member States and based on a consultation with stakeholders.

Or. en

Amendment 283

Adam Jarubas, Janusz Lewandowski

Proposal for a regulation

Article 4 – paragraph 4 – subparagraph 3

Text proposed by the Commission

Amendment

Any such exceptions shall be published via a single information point and notified to the Commission.

deleted

Or. en

Amendment 284

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 4 – paragraph 4 – subparagraph 3

Text proposed by the Commission

Amendment

Any such exceptions shall be published via a single information point and notified to the Commission.

The criteria and conditions for any such exceptions shall be published via a single information point and notified to the Commission.

Or. en

Amendment 285

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 4 – paragraph 4 – subparagraph 3

Text proposed by the Commission

Amendment

Any such exceptions shall be published via a single information point and notified to the Commission.

Any such exceptional categories shall be published via a single information point and notified to the Commission.

Or. en

Justification

It is debatable if the exceptions that need to be communicated to EC are the individual cases or categories.

Amendment 286

Beatrice Covassi, Carlos Zorrinho, Patrizia Toia, Lina Gálvez Muñoz, Adriana Maldonado López

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission

Amendment

5. Operators that obtain access to information pursuant to this Article shall take appropriate measures to ensure respect for confidentiality and operating and business secrets.

5. Operators that obtain access to information pursuant to this Article shall take appropriate measures to ensure respect for confidentiality and operating and business secrets. Operators, to such purpose, shall sign a declaration to keep this information confidential and to use it only for the purpose of deploying its network.

Or. en

Amendment 287

Franc Bogovič

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission

Amendment

5. Operators that obtain access to information pursuant to this Article shall take appropriate measures to ensure respect for confidentiality and operating and business secrets.

5. Undertakings providing or authorised to provide public electronic communications networks that obtain access to information pursuant to this Article shall take appropriate measures to ensure respect for confidentiality and operating and business secrets.

Or. en

Justification

Amendment 288

Franc Bogovič

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. Any network operator shall have the right to negotiate agreements on the coordination of civil works, including on the apportioning of costs, with operators with a view to deploying elements of very high capacity networks or associated facilities.

1. Any network operator shall have the right to negotiate agreements on the coordination of civil works, including on the apportioning of costs, with undertakings providing or authorised to provide public electronic communications networks with a view to deploying elements of very high capacity networks or associated facilities.

Or. en

Amendment 289

Franc Bogovič

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Any network operator when performing or planning to perform directly or indirectly civil works, which are fully or partially financed by public means, shall meet any reasonable written request to coordinate those civil works under transparent and non-discriminatory terms made by operators with a view to deploying elements of very high capacity networks or associated facilities.

Any network operator when performing or planning to perform directly or indirectly civil works, which are fully or partially financed by public means, shall meet any reasonable written request to coordinate those civil works under transparent and non-discriminatory terms made by undertakings providing or authorised to provide public electronic communications networks with a view to deploying elements of very high capacity networks or associated facilities.

Or. en

Justification

Amendment 290

Miapetra Kumpula-Natri

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Any network operator or public sector body when performing or planning to perform directly or indirectly civil works, which are fully or partially financed by public means, shall meet any reasonable written request to coordinate those civil works under transparent and non-discriminatory terms made by operators with a view to deploying elements of very high capacity networks or associated facilities.

Or. en

Justification

Network rollout could be carried out more cost-efficiently by extending the right of coordination to any public civil works, and thus making available public infrastructure for the construction or installation of mobile masts or antennas, and by providing transparency on their exact location. Public sector bodies performing civil works shall meet any reasonable request to coordinate civil works presented by an operator with a view to deploying elements of VHCNs or associated facilities.

Amendment 291

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Any public sector body or network operator when performing or planning to perform directly or indirectly civil works, which are fully or partially financed by public means, shall meet any reasonable written request to coordinate those civil works under transparent and non-discriminatory terms made by operators with a view to deploying elements of very high capacity networks or associated facilities.

Or. en

Amendment 292

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Any network operator when performing or planning to perform directly or indirectly civil works, in urban areas, which are fully or partially financed by public means, shall meet any reasonable written request to coordinate those civil works under transparent and non-discriminatory terms made by operators with a view to deploying elements of very high capacity networks or associated facilities.

Or. en

Justification

rural areas are underdeveloped and in the interest of environmental efficiency deploying duplicate infrastructure is not a good solution, therefore, this type of incentive should be applicable only to urban areas

Amendment 293

Matthias Ecke

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 2 – point c a (new)

Text proposed by the Commission

Amendment

(ca) no viable alternative is offered. Written requests shall be accompanied by an up-to-date extract from the single information point identifying any other physical infrastructure available. Where availability has been established, the request shall set out the reasons why that other physical infrastructure does not constitute a viable alternative.

Or. de

Amendment 294

Miapetra Kumpula-Natri

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

A request to coordinate civil works made by an undertaking providing or authorised to provide public electronic communications networks to an undertaking providing or authorised to provide public electronic communications networks may be deemed unreasonable where both following conditions are met:

A request to coordinate civil works made by an operator to an operator may be deemed unreasonable where both following conditions are met:

Or. en

Justification

Suggestion to use the term “operator” as defined in Article 2 point (29), and as used elsewhere in the GIA, instead of “undertaking providing or authorised to provide public electronic communications networks”.

Amendment 295

Johan Nissinen

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

A request to coordinate civil works, which are fully or partially financed by public means, made by an undertaking providing or authorised to provide public electronic communications networks to an undertaking providing or authorised to provide public electronic communications networks may be deemed unreasonable where both following conditions are met:

Or. en

Amendment 296

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) the requesting undertaking failed to express its intention to deploy very high capacity networks in the area referred to in point (a) in any of the most recent procedures among those listed in that point covering the period during which the request for coordination is made.

(b) the request concerns an area referred to in point (a) and the procedures listed in that point cover the period during which the request for coordination is made.

Or. en

Amendment 297

Angelika Winzig, Sara Skyttedal, Seán Kelly, Henna Virkkunen, Angelika Niebler

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

A request to coordinate civil works made by an undertaking providing or authorised to provide public electronic communications networks to an undertaking owned or controlled by public sector bodies and providing or authorised to provide public electronic communications networks may be deemed unreasonable in cases where the civil works contribute to the deployment of an open access very high capacity network, to which access will be granted on wholesale level.

Or. en

Justification

In cases where municipalities in rural areas started initiatives to deploy Open Access VHCNs, due to the lack of interest of established ECN-providers to roll out VHCNs to rural areas, inefficient duplication of the planned VHCNs should not be incentivised, but avoided.

Amendment 298

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

If a request to coordinate is considered unreasonable on the basis of the first paragraph, the undertaking providing or authorised to provide public electronic communications networks refusing the coordination of civil works shall deploy physical infrastructure with sufficient capacity to accommodate possible future reasonable needs for third-party access.

If a request to coordinate is considered unreasonable on the basis of the first subparagraph, the undertaking providing or authorised to provide public electronic communications networks refusing the coordination of civil works shall deploy physical infrastructure with sufficient capacity at least to host the same network elements as being deployed by the refusing party to accommodate possible future reasonable needs for third-party access.

Or. en

Amendment 299

Angelika Winzig, Sara Skyttedal, Seán Kelly, Angelika Niebler

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

If a request to coordinate is considered unreasonable on the basis of the first or second paragraph, the undertaking providing or authorised to provide public electronic communications networks refusing the coordination of civil works shall deploy physical infrastructure with sufficient capacity to accommodate possible future reasonable needs for third-party access.

Or. en

Amendment 300

Miapetra Kumpula-Natri

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

If a request to coordinate is considered unreasonable on the basis of the first subparagraph, operators totally or partially publicly financed refusing the coordination of civil works shall deploy physical infrastructure with sufficient capacity to accommodate possible future reasonable needs for third-party access.

Or. en

Justification

Instead of “If a request to coordinate is considered unreasonable on the basis of the first paragraph…”, the text should refer to the term 'sub'paragraph. After the words “A request to coordinate civil works" it is necessary to insert ”totally or partly publicly financed” to make clear that Article 5.3 is providing refusal grounds to a duty outlined in Article 5.2 as opposed to being an exhaustive list of refusal grounds to all possible requests.

Amendment 301

Johan Nissinen

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

If a request to coordinate is considered unreasonable on the basis of the first subparagraph, the undertaking providing or authorised to provide public electronic communications networks refusing the coordination of civil works shall deploy physical infrastructure with sufficient capacity to accommodate possible future reasonable needs for third-party access.

Or. en

Amendment 302

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 5 – paragraph 4

Text proposed by the Commission

Amendment

4. Paragraphs 2 and 3 need not apply to civil works that are limited in scope, such as in terms of value, size or duration, or for critical national infrastructure. Member States shall identify the type of civil works considered to be limited in scope or related to critical national infrastructure based on duly justified and proportionate reasons. Information on such types of civil works shall be published via a single information point and notified to the Commission.

4. Paragraphs 2 and 3 shall not apply to civil works that are limited in scope, such as in terms of value, size or duration, or for critical national infrastructure. Member States shall identify the type of civil works considered to be limited in scope or related to critical national infrastructure based on duly justified and proportionate reasons. Information on such types of civil works shall be published via a single information point and notified to the Commission.

Or. en

Amendment 303

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 5 – paragraph 5

Text proposed by the Commission

Amendment

5. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, the Commission may, in close cooperation with BEREC, provide guidance on the application of this Article.

5. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, and having taken into account well-established principles and the divergent situation across Member States the Commission may, in close cooperation with BEREC, provide guidance on the application of this Article.

Or. en

Amendment 304

Cristian-Silviu Buşoi, Ioan-Rareş Bogdan

Proposal for a regulation

Article 5 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. Upon consultation with competent EU entities, Member States shall ensure complementarity of the terrestrial infrastructures and satellite-based broadband services as essential criteria to achieve high-speed connectivity rollout in the European Union.

Or. en

Amendment 305

Miapetra Kumpula-Natri

Proposal for a regulation

Article 6 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

In order to negotiate agreements on coordination of civil works referred to in Article 5, any network operator shall make available in electronic format via a single information point the following minimum information:

In order to negotiate agreements on coordination of civil works referred to in Article 5, any network operator shall make available, upon the specific written request, when the information is not publicly available, the following minimum information concerning on-going or planned civil works related to its physical infrastructure for which a permit has been granted, a permit granting procedure is pending or first submission to the competent authorities for permit granting is envisaged in the following six months:

Or. en

Justification

The minimum information to be provided via the SIP related to planned civil works is intended to be mandatory while in the existing BCRD Directive it is only upon request. This might lead to a multitude of negative consequences rather hindering, and not facilitating, the rollout of VHCNs. GIA should therefore not significantly depart from the current BCRD in respect of the information on planned civil works to be provided by operators to the single information point.

Amendment 306

Johan Nissinen

Proposal for a regulation

Article 6 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

In order to negotiate agreements on coordination of civil works referred to in Article 5, any network operator shall have the right to access the following minimum information

Or. en

Amendment 307

Pilar del Castillo Vera

Proposal for a regulation

Article 6 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The network operator shall make available the information referred to in the first subparagraph for planned civil works related to its physical infrastructure. This must be done as soon as the information is available to the network operator and, in any event and where a permit is envisaged, not later than 3 months prior to the first submission of the request for a permit to the competent authorities.

The network operator shall make available in advance the information referred to in the first subparagraph for planned civil works related to its physical infrastructure, which are fully or partially financed by public means. This must be done as soon as the information is available to the network operator and, in any event and where a permit is envisaged, not later than 3 months prior to the first submission of the request for a permit to the competent authorities.

Or. en

Amendment 308

Johan Nissinen

Proposal for a regulation

Article 6 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The network operator shall make available in advance the information referred to in the first subparagraph for planned civil works related to its physical infrastructure which are fully or partially financed by public means. This must be done as soon as the information is available to the network operator and, in any event and where a permit is envisaged, not later than 3 months prior to the first submission of the request for a permit to the competent authorities.

Or. en

Amendment 309

Franc Bogovič

Proposal for a regulation

Article 6 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

Operators shall have the right to access the minimum information referred to in the first subparagraph in electronic format, upon request, via the single information point. The request for access to information shall specify the area in which the requesting operator envisages deploying elements of very high capacity networks or associated facilities. Within 1 week from the date of the receipt of the request for information, the requested information shall be made available under proportionate, non-discriminatory and transparent terms. Access to the minimum information may be limited only to the extent necessary to ensure the security of the networks and their integrity, national security, public health or safety, confidentiality or operating and business secrets.

Undertakings providing or authorised to provide public electronic communications networks shall have the right to access the minimum information referred to in the first subparagraph in electronic format, upon request, via the single information point. The request for access to information shall specify the area in which the requesting undertaking providing or authorised to provide public electronic communications network envisages deploying elements of very high capacity networks or associated facilities. Within 1 week from the date of the receipt of the request for information, the requested information shall be made available under proportionate, non-discriminatory and transparent terms. Access to the minimum information may be limited only to the extent necessary to ensure the security of the networks and their integrity, national security, public health or safety, confidentiality or operating and business secrets.

Or. en

Justification

Amendment 310

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 6 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

Operators shall have the right to access the minimum information referred to in the first subparagraph in electronic format, upon request, via the single information point. The request for access to information shall be submitted in electronic format, via the single information point and shall specify the area in which the requesting operator envisages deploying elements of very high capacity networks or associated facilities. Within 2 week from the date of the receipt of the request for information, the requested information shall be made available under proportionate, non-discriminatory and transparent terms. Access to the minimum information may be limited or refused only to the extent necessary to ensure the security of the networks and their integrity, national security, the security of critical infrastructure, public health or safety, confidentiality or operating and business secrets.

Or. en

Amendment 311

Johan Nissinen

Proposal for a regulation

Article 6 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

Operators shall have the right to access the minimum information referred to in the first subparagraph in electronic format, upon request, via the single information point. The request for access to information shall specify the area in which the requesting operator envisages deploying elements of very high capacity networks or associated facilities. Unless provided in advance based on the second subparagraph, the requested information shall be made available by the requested network operator within 2 weeks from the date of the receipt of the request for information under proportionate, non-discriminatory and transparent terms. Access to the minimum information may be limited only to the extent necessary to ensure the security of the networks and their integrity, national security, public health or safety, confidentiality or operating and business secrets.

Or. en

Amendment 312

Miapetra Kumpula-Natri

Proposal for a regulation

Article 6 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

The request of an operator shall be submitted in electronic format, via the single information point and shall specify the area in which the requesting operator envisages deploying elements of very high capacity networks or associated facilities. Within 2 weeks from the date of the receipt of the written request, network operators shall provide the requested information under proportionate, non-discriminatory and transparent terms. Access to the minimum information may be limited only to the extent necessary to ensure the security of the networks and their integrity, national security, public health or safety, confidentiality or operating and business secrets.

Or. en

Justification

GIA should not significantly depart from the current BCRD in respect to the information on planned civil works to be provided by operators to the single information point. There is need for clarification in respect of the provisions of article 6.1., namely to clarify that the information in the SIP is accessible only upon request by the operator who aims to deploy and coordinate the civil works.

Amendment 313

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 6 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

Operators shall have the right to access the minimum information referred to in the first subparagraph in electronic format, upon unjustified request, via the single information point. The request for access to information shall specify the area in which the requesting operator envisages deploying elements of very high capacity networks or associated facilities. Within 1 week from the date of the receipt of the request for information, the requested information shall be made available under proportionate, non-discriminatory and transparent terms. Access to the minimum information may be limited only to the extent necessary to ensure the security of the networks and their integrity, national security, public health or safety.

Or. en

Justification

As a safeguard, information should be accessed only when the internet to undergo works is proven; Art. 4.5 foresees that confidentiality and business secrets are to be protected when accessing the information, therefore the same reasons cannot be used as reasons to deny access to the information.

Amendment 314

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2. Paragraph 1 need not apply to information on civil works limited in scope, such as in terms of value, size or duration, in the case of critical national infrastructure, or for reasons of national security or emergency. Member States shall identify, based on duly justified and proportionate reasons, the civil works that would be considered limited in scope or concern critical national infrastructure, as well as the emergencies or the reasons of national security that would justify not being subject to the obligation to provide information. Information on such civil works excluded from transparency obligations shall be published via a single information point and notified to the Commission.

2. Paragraph 1 shall not apply to information on civil works limited in scope, such as in terms of value, size or duration, in the case of critical national infrastructure, or for reasons of national security or emergency. Member States shall identify, based on duly justified and proportionate reasons, the types of civil works that would be considered limited in scope or concern critical national infrastructure, as well as the emergencies or the reasons of national security that would justify not being subject to the obligation to provide information.

Or. en

Amendment 315

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1. Competent authorities shall not unduly restrict, hinder or make economically less attractive the deployment of any element of very high capacity networks or associated facilities. Member States shall ensure that any rules governing the conditions and procedures applicable for granting permits, including rights of way, required for the deployment of elements of very high capacity networks or associated facilities are consistent across the national territory.

1. Competent authorities shall not unduly restrict, hinder the deployment of any element of very high capacity networks or associated facilities. Member States shall ensure that any rules governing the conditions and procedures applicable for granting permits, including rights of way, required for the deployment of elements of very high capacity networks or associated facilities are consistent across the national territory, encourage competition and contribute to achieving climate goals by avoiding unjustified duplication of infrastructures.

Or. en

Justification

The economic interest of a party cannot be opposed to the public interest.

Amendment 316

Beatrice Covassi, Carlos Zorrinho, Patrizia Toia, Lina Gálvez Muñoz, Adriana Maldonado López

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 317

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. Competent authorities shall make available all information on the conditions and procedures applicable for granting permits, including rights of way, including any information on exemptions on some or all permits or rights of way required under national or Union law, via a single information point in electronic format.

2. Competent authorities shall make available all information on the conditions, procedures applicable for granting permits, including rights of way, including any information on exemptions on some or all permits or rights of way required under national or Union law and ways to submit applications in electronic format and retrieve information on the status of the application, via a single information point in electronic format.

Or. en

Amendment 318

Henna Virkkunen

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Justification

There are several different permits that can be applied for, such as a building permit, an environmental permit, and a siting permit. In order to reduce costs and administrative burden, there should be one single information point to submit all necessary permits.

Amendment 319

Miapetra Kumpula-Natri

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Justification

There are several different permits (e.g. building permit, environmental permit, siting permit), and these should all be submitted to the same information point

Amendment 320

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. Any operator shall have the right to submit, via a single information point in electronic format, applications for permits or rights of way and to retrieve information about the status of its application.

deleted

Or. en

Amendment 321

Franc Bogovič

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. Any undertaking providing or authorised to provide public electronic communications network shall have the right to submit, via a single information point in electronic format, applications for permits or rights of way and to retrieve information about the status of its application.

Or. en

Amendment 322

Angelika Winzig, Sara Skyttedal, Massimiliano Salini, Seán Kelly, Markus Pieper, Tom Berendsen, Henna Virkkunen, Angelika Niebler

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. Any operator shall have the right to submit applications for permits or rights of way in electronic format.

Permit granting authorities shall upon request inform applicants about the status of their application without unnecessary delay.

Or. en

Justification

To avoid that SIPs will become a bottleneck in permit procedures, the SIP should facilitate the communication between applicants and the authorities without the need to add an additional layer of administration, where permit applications need to be reviewed and then forwarded to authorities.

Amendment 323

François-Xavier Bellamy

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. Any operator or network operator duly mandated by an operator shall have the right to submit, via a single information point in electronic format, applications for permits or rights of way and to retrieve information about the status of its application.

Or. en

Amendment 324

Henna Virkkunen

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. Any operator shall have the right to submit, via a single information point in electronic format, applications for all necessary permits or rights of way and to retrieve information about the status of its application.

Or. en

Justification

Amendment 325

Miapetra Kumpula-Natri

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

Or. en

Justification

There are several different permits (e.g. building permit, environmental permit, siting permit), and these should all be submitted to the same information point.

Amendment 326

Johan Nissinen

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. The competent authorities shall, within 15 working days from its receipt, reject applications for permits, including for rights of way, for which the minimum information has not been made available via a single information point, pursuant to Article 6(1) first subparagraph, by the same operator which applies for that permit. Exceptions should be provided for cases where such information is confidential or causes disproportionate administrative burden for the operator to provide.

Or. en

Amendment 327

Angelika Niebler

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. The competent authorities shall, within 30 working days from its receipt, reject applications for permits, including for rights of way, for which the minimum information has not been made available via the dedicated information point, pursuant to Article 6(1) first subparagraph, by the same operator which applies for that permit, if this operator has an obligation to allow coordination for those civil works pursuant to Article 5 second paragraph.

Or. en

Amendment 328

Angelika Winzig, Sara Skyttedal, Tomas Tobé, Seán Kelly, Tom Berendsen

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. The competent authorities shall, without unnecessary delay, reject applications for permits, including for rights of way, for which the minimum information has not been made available via the dedicated information point, pursuant to Article 6(1) first subparagraph, by the same operator which applies for that permit, if this operator has an obligation to allow coordination for those civil works pursuant to Article 5 second paragraph;

Or. en

Justification

The right of Member States to structure permit granting procedures on their territory is covered by the principle of procedural autonomy laid down in Art 4 TEU. The imposition of deadlines for those procedures (or parts of them) on EU-Level would infringe this principle. It is of utmost importance to take into account the different constitutional structure of the different Member States, especially when it comes to the organisation of administrative procedures and regional as well as local self-government. It is not proportionate to restrict the right of operators to apply for permits in cases where they do not provide information on civil works, unless they are already obliged to coordinate those.

Amendment 329

Franc Bogovič

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. The competent authorities shall, within 15 working days from its receipt, reject applications for permits, including for rights of way, for which the minimum information has not been made available via a single information point, pursuant to Article 6(1) first subparagraph, by the same undertaking providing or authorised to provide public electronic communications network which applies for that permit.

Or. en

Amendment 330

Angelika Niebler

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

The competent authorities shall grant or refuse permits, other than rights of way, within 4 months from the date of the receipt of a complete permit application.

The competent authorities shall grant or refuse permits, other than rights of way, within 4 months or within the deadline set by national law, whichever is shorter, from the date of the receipt of a complete permit application.

Or. en

Amendment 331

Henna Virkkunen

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

The competent authorities shall grant or refuse permits, other than rights of way, within 4 months from the date of the receipt of a complete permit application.

The competent authorities shall grant or refuse permits, other than rights of way, within 4 months regarding mobile networks, and within 2 months regarding fixed networks, from the date of the receipt of a complete permit application.

Or. en

Justification

A timeframe of 4 months for a fixed network is too long of a time for the processing of an application for a permit, taking into account that for example network construction is not possible during the winter season in the Nordic countries. A timeframe of 2 months would give the competent authorities sufficient time to process a permit.

Amendment 332

Angelika Winzig, Sara Skyttedal, Tomas Tobé, Seán Kelly, Tom Berendsen

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

The competent authorities shall grant or refuse permits, other than rights of way, within 4 months from the date of the receipt of a complete permit application.

The competent authorities shall grant or refuse permits, other than rights of way, without unnecessary delay following the receipt of a complete permit application in accordance with national law.

Or. en

Amendment 333

Adam Jarubas, Janusz Lewandowski

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

The competent authorities shall grant or refuse permits, other than rights of way, within 4 months from the date of the receipt of a complete permit application.

The competent authorities shall grant or refuse permits, other than rights of way, within 1 months per each required permit, from the date of the receipt of a complete permit application.

Or. en

Amendment 334

Miapetra Kumpula-Natri

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

The competent authorities shall grant or refuse permits, other than rights of way, within 4 months from the date of the receipt of a complete permit application.

The competent authorities shall grant or refuse permits within maximum 3 months for permit and 2 months for rights of way, from the date of the receipt of a complete permit application.

Or. en

Justification

The deadline of 4 months for granting or refusing a permit is too long to properly accelerate and foster VHCNs roll out, and therefore needs to be shortened.

Amendment 335

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

The competent authorities shall grant or refuse permits, other than rights of way, within 4 months from the date of the receipt of a complete permit application.

The competent authorities shall grant or refuse permits, other than rights of way, within 4 months from the date of the approval of completeness of the application.

Or. en

Amendment 336

Beatrice Covassi, Carlos Zorrinho, Patrizia Toia, Lina Gálvez Muñoz, Adriana Maldonado López

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

The competent authorities shall grant or refuse permits, other than rights of way, within 4 months from the date of the receipt of a complete permit application.

The competent authorities shall grant or refuse permits, other than rights of way, within 2 months from the date of the receipt of a complete permit application.

Or. en

Amendment 337

Pilar del Castillo Vera

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

The competent authorities shall grant or refuse permits, other than rights of way, within 4 months from the date of the receipt of a complete permit application.

The competent authorities shall grant or refuse permits, other than rights of way, within 3 months from the date of the receipt of a complete permit application.

Or. en

Justification

Faster permit granting and removing red tape is critical for boosting investment in the deployment of very high capacity networks

Amendment 338

Johan Nissinen

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

The competent authorities shall grant or refuse permits, other than rights of way, within 4 months from the date of the receipt of a complete permit application.

The competent authorities shall grant or refuse permits, other than rights of way, within 3 months from the date of the receipt of a complete permit application.

Or. en

Amendment 339

Angelika Winzig, Sara Skyttedal, Tomas Tobé, Seán Kelly, Tom Berendsen

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

The completeness of the application for permits or rights of way shall be determined by the competent authorities within 15 days from the receipt of the application. Unless the competent authorities invited the applicant to provide any missing information within that period, the application shall be deemed complete.

The completeness of the application for permits or rights of way shall be determined by the competent authorities without unnecessary delay and in accordance with national law.

Or. en

Justification

This provision seems inappropriate as competent authorities would need to decide on an eventually incomplete application after the mentioned period, which could lead for example to the authority being forced to allow unsafe constructions and/or take other inadequate decisions. Additionally the public authority would not be able to refuse an application because of incomplete information after the deadline has passed. To avoid this, the authorities would likely prefer to refuse an application, which results to a rather slower than faster approval of applications.

Amendment 340

Angelika Niebler

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

The completeness of the application for permits or rights of way shall be determined by the competent authorities within one month or within the deadline set by national law, whichever is shorter, from the receipt of the application. Unless the competent authorities invited the applicant to provide any missing information within that period, the application shall be deemed complete.

Or. en

Amendment 341

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

The completeness of the application for permits or rights of way shall be determined by the competent authorities within 15 days from the receipt of the application. The competent authorities should invite the applicant to provide any missing information within that period.

Or. en

Amendment 342

Adam Jarubas, Janusz Lewandowski, Jerzy Buzek

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

The completeness of the application for permits or rights of way shall be determined by the competent authorities within 15 working days from the receipt of the application. Unless the competent authorities invited the applicant to provide any missing information within that period, the application shall be deemed complete.

Or. en

Amendment 343

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

By way of exception and based on a justified reason set out by a Member State, the 15 days deadline may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasons justifying such an extension, inform the applicant in advance and notify the Commission.

Or. en

Amendment 344

Pilar del Castillo Vera

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 3

Text proposed by the Commission

Amendment

The first and second subparagraph shall be without prejudice to other specific deadlines or obligations laid down for the proper conduct of the procedure that are applicable to the permit-granting procedure, including appeal proceedings, in accordance with Union law or national law in compliance with Union law.

Or. en

Amendment 345

Angelika Winzig, Sara Skyttedal, Tomas Tobé, Seán Kelly, Tom Berendsen

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 4

Text proposed by the Commission

Amendment

By way of exception and based on a justified reason set out by a Member State, the 4 month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasons justifying such an extension, publish them in advance via single information points and notify them to the Commission.

deleted

Or. en

Justification

Amendment 346

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 347

Adam Jarubas, Janusz Lewandowski

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 4

Text proposed by the Commission

Amendment

By way of exception and based on a justified reason set out by a Member State, the 1 month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out general national provisions justifying such extensions, publish them in advance via single information points and notify them to the Commission.

Or. en

Amendment 348

Pilar del Castillo Vera

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 4

Text proposed by the Commission

Amendment

By way of exception and based on a justified reason set out by a Member State, the 3 month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasons justifying such an extension, publish them in advance via single information points and notify them to the Commission.

Or. en

Justification

Faster permit granting and removing red tape is critical for boosting investment in the deployment of very high capacity networks

Amendment 349

Beatrice Covassi, Carlos Zorrinho, Patrizia Toia, Lina Gálvez Muñoz, Adriana Maldonado López

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 4

Text proposed by the Commission

Amendment

By way of exception and based on a justified reason set out by a Member State, the 2 month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasons justifying such an extension, publish them in advance via single information points and notify them to the Commission.

Or. en

Amendment 350

Angelika Niebler

Proposal for a regulation

Article 7 – paragraph 5 – subparagraph 4

Text proposed by the Commission

Amendment

By way of exception and based on a justified reason set out by a Member State, the deadlines referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasons justifying such an extension, publish them in advance via single information points and notify them to the Commission.

Or. en

Amendment 351

Angelika Niebler

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 4 month period from the date of receipt of the application.

Or. en

Amendment 352

Beatrice Covassi, Carlos Zorrinho, Patrizia Toia, Lina Gálvez Muñoz, Adriana Maldonado López

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant or refuse such rights of way within the 2 month period from the date of receipt of the application.

Or. en

Amendment 353

Miapetra Kumpula-Natri

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the maximum 2 month period from the date of receipt of the application.

Or. en

Justification

The deadlines for granting or refusing a permit are set as too long to properly accelerate and foster VHCNs roll out, and therefore need to be shortened.

Amendment 354

Adam Jarubas, Janusz Lewandowski

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 1 month period from the date of receipt of the application.

Or. en

Amendment 355

Johan Nissinen

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 3 month period from the date of receipt of the application.

Or. en

Amendment 356

Pilar del Castillo Vera

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 3 month period from the date of receipt of the application.

Or. en

Justification

Faster permit granting and removing red tape is critical for boosting investment in the deployment of very high capacity networks

Amendment 357

Angelika Winzig, Sara Skyttedal, Tomas Tobé, Seán Kelly, Tom Berendsen

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way without necessary delay following the receipt of the application.

Or. en

Justification

Amendment 358

Andris Ameriks

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the three month period from the date of receipt of the application.

Or. en

Amendment 359

Beatrice Covassi, Carlos Zorrinho

Proposal for a regulation

Article 7 – paragraph 7

Text proposed by the Commission

Amendment

7. In the absence of a response from the competent authority within the 4-month deadline referred to in paragraphs 5 first subparagraph, and unless such deadline is extended pursuant to paragraph 5 fourth subparagraph, the permit shall be deemed to have been granted. This shall also apply in the case of rights of way referred to in paragraph 6.

deleted

Or. en

Amendment 360

Adam Jarubas, Janusz Lewandowski

Proposal for a regulation

Article 7 – paragraph 7

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 361

Miapetra Kumpula-Natri

Proposal for a regulation

Article 7 – paragraph 7

Text proposed by the Commission

Amendment

7. In the absence of a response from the competent authority within the deadlines referred to in paragraphs 5 first subparagraph, and unless such deadline is extended pursuant to paragraph 5 fourth subparagraph, the permit shall be deemed to have been granted. This shall also apply in the case of rights of way referred to in paragraph 6. The network operator requesting permit shall be entitled to receive a confirmation of the permit deemed to have been granted.

Or. en

Amendment 362

Angelika Winzig, Sara Skyttedal, Tomas Tobé, Seán Kelly, Tom Berendsen

Proposal for a regulation

Article 7 – paragraph 7

Text proposed by the Commission

Amendment

7. In the absence of a response from the competent authority within the deadlines of administrative procedures laid down on national level the competent authority shall justify the delay to the applicant on its own motion. This article shall be without prejudice to the possibility of Member States to introduce further incentives for competent authorities to speed up the permit granting procedure.

Or. en

Justification

The tacit approval might be legally problematic in many Member States as they might not have introduced this instrument in their respective national system of law (yet) and therefore don't have possibilities for affected third parties to appeal such non-decisions. Furthermore serious liability issues for the public authorities might arise due to possible violations of other areas of the law. Additionally fundamental rights of private persons (e.g. Art 17 and/or Art 47 Charter of Fundamental Rights of the European Union) could be violated because of a non-acting of an authority.

Amendment 363

Pilar del Castillo Vera

Proposal for a regulation

Article 7 – paragraph 7

Text proposed by the Commission

Amendment

7. In the absence of a response from the competent authority within the 3-month deadline referred to in paragraphs 5 first subparagraph, and unless such deadline is extended pursuant to paragraph 5 fourth subparagraph, the permit shall be deemed to have been granted. This shall also apply in the case of rights of way referred to in paragraph 6.

Or. en

Justification

Faster permit granting and removing red tape is critical for boosting investment in the deployment of very high capacity networks

Amendment 364

Angelika Niebler

Proposal for a regulation

Article 7 – paragraph 7

Text proposed by the Commission

Amendment

Or. en

Amendment 365

Miapetra Kumpula-Natri

Proposal for a regulation

Article 7 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission shall, by means of an implementing act, specify categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit-granting procedure within the meaning of this Article. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 13.

8. The Commission shall, by means of an implementing act, specify the minimum list of categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit-granting procedure within the meaning of this Article, without prejudice to additional exemptions that may be imposed by Member States. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 13 within 6 months from the entry into force of this Regulation.

Or. en

Justification

Having a list of elements to deploy VHCN that shall not be subject to permit granting will ease such deployment as well as permits and rights of way related fees that will not go beyond administrative cost. Importance of the date of the implementing act issuing and that the implementing act only provides a minimum list without prejudice to other exemptions that may be provided by Member States.

Amendment 366

Adam Jarubas, Janusz Lewandowski

Proposal for a regulation

Article 7 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission shall, by means of an implementing act, specify the minimum list of categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit-granting procedure within the meaning of this Article, without prejudice to additional exemptions that may be provided by Member States. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 13 within 6 months from the entry into force of the Regulation.

Or. en

Amendment 367

Beatrice Covassi, Carlos Zorrinho, Patrizia Toia, Lina Gálvez Muñoz, Adriana Maldonado López

Proposal for a regulation

Article 7 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission is empowered to adopt a delegated act in accordance with Article 13 to supplement this Regulation by specifying the minimum list of categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit-granting procedure within the meaning of this Article, without prejudice to additional exemptions that may be introduced by Member States. This delegated act shall be adopted by 6 months from the entry into force of this Regulation.

Or. en

Amendment 368

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 7 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission shall, by means of an implementing act, specify the minimum list of categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit-granting procedure within the meaning of this Article without prejudice to additional exemptions that may be imposed by Member States. This implementing act shall be adopted by [DATE OF ENTRY INTO FORCE +6 MONTHS], in accordance with the examination procedure referred to in Article 13.

Or. en

Amendment 369

Tom Berendsen

Proposal for a regulation

Article 7 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission shall, after consulting relevant stakeholders, identify categories of deployment of elements of very high capacity networks or associated facilities that Member States shall consider to exempt from any permit-granting procedure within the meaning of this Article. Member States shall notify and consult relevant competent local authorities before any infrastructure identified as exempt from any permit-granting procedures is constructed.

Or. en

Amendment 370

Angelika Winzig, Sara Skyttedal, Seán Kelly, Angelika Niebler

Proposal for a regulation

Article 7 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission shall after consulting relevant stakeholders, identify categories of deployment of elements of very high capacity networks or associated facilities that Member States shall consider to exempt from any permit-granting procedure within the meaning of this Article.

Or. en

Justification

The right of Member States to structure permit granting procedures on their territory is covered by the principle of procedural autonomy laid down in Art 4 TEU. Introducing exceptions from those procedures on EU-Level (through an implemented act) would infringe this principle. While coordination on EU-Level is welcome, Member States still need to decide on their level how they want to structure the permitting procedure and even if they want to go beyond the requirements of the GIA.

Amendment 371

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 7 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission shall, by means of a delegated act, specify categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit-granting procedure within the meaning of this Article. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 13.

Or. en

Justification

As a major point, this requires more oversight therefore a delegated act is appropriate

Amendment 372

Angelika Winzig, Sara Skyttedal, Angelika Niebler

Proposal for a regulation

Article 7 – paragraph 9

Text proposed by the Commission

Amendment

9. Competent authorities shall not subject the deployment of elements referred to in paragraph 8 to any individual town planning permit or other individual prior permits. By way of derogation, competent authorities may require permits for the deployment of elements of very high capacity networks or associated facilities on buildings or sites of architectural, historical, religious or natural value protected in accordance with national law or where necessary for public safety reasons.

deleted

Or. en

Justification

Amendment 373

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 7 – paragraph 9

Text proposed by the Commission

Amendment

9. Competent authorities shall make use as possible of single permitting track, including in it individual town planning or other permits necessary in prealable. Competent authorities may also require permits for the deployment of elements of very high capacity networks or associated facilities on buildings or sites of architectural, historical, religious or natural value, of a special status protected in accordance with national law, regional or local regulations or where necessary for public safety and health reasons.

Or. en

Justification

Introducing simplification cannot ignore valid reason for analysis and approval, including at local level.

Amendment 374

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 7 – paragraph 9

Text proposed by the Commission

Amendment

9. Competent authorities shall not subject the deployment of elements referred to in paragraph 8 to any individual town planning permit or other individual prior permits. By way of derogation, competent authorities may require permits for the deployment of elements of very high capacity networks or associated facilities on buildings or sites of architectural, historical, religious environmental or natural value protected in accordance with national law or where necessary for public safety reasons.

Or. en

Amendment 375

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 7 – paragraph 10

Text proposed by the Commission

Amendment

10. Permits, other than rights of way, required for the deployment of elements of very high capacity networks or associated facilities shall not be subject to any fees or charges going beyond administrative costs as provided for, mutatis mutandis, in Article 16 of Directive (EU) 2018/1972.

10. Administrative charges, other than rights of way, required for the deployment of elements of very high capacity networks or associated facilities shall not be subject to any fees or charges going beyond administrative costs as provided for, mutatis mutandis, in Article 16 of Directive (EU) 2018/1972. Member States, regional or local authorities may still set justified fees for authorisation procedures such as construction permits

Or. en

Justification

The EECC only limits the administrative charges, but the cost of permitting may include other categories of charges. In order to protect the local budgets, while reducing the charges, fees that support the local communities may also be applied.

Amendment 376

Angelika Winzig, Sara Skyttedal, Angelika Niebler

Proposal for a regulation

Article 7 – paragraph 11

Text proposed by the Commission

Amendment

11. Any operator that has suffered damage as a result of non-compliance with the deadlines applicable under paragraphs 5 and 6 shall receive compensation for the damage suffered, in accordance with national law.

deleted

Or. en

Justification

It is not necessary to introduce this provision in EU-Law as every Member State as a compensation regime if damages arise because of an official activity or omission that was conducted unlawfully and culpably. Furthermore the risk of having to pay compensation can give an authority incentive to refuse the application if there is a risk of exceeding the deadline, rather than finish processing it.

Amendment 377

Franc Bogovič

Proposal for a regulation

Article 7 – paragraph 11

Text proposed by the Commission

Amendment

11. Any undertaking providing or authorised to provide public electronic communications network that has suffered damage as a result of non-compliance with the deadlines applicable under paragraphs 5 and 6 shall receive compensation for the damage suffered, in accordance with national law.

Or. en

Justification

Amendment 378

Adam Jarubas, Janusz Lewandowski, Jerzy Buzek

Proposal for a regulation

Article 7 – paragraph 11 a (new)

Text proposed by the Commission

Amendment

11a. The Commission will monitor the implementation of this Article in the Member States, and the Member States will report annually to the Commission the status of their implementation and if the listed conditions are met;

Or. en

Amendment 379

Miapetra Kumpula-Natri

Proposal for a regulation

Article 7 – paragraph 11 a (new)

Text proposed by the Commission

Amendment

11a. The Commission should monitor the effective enforcement of the provisions of this Article at Member State level. Member States should report annually to the Commissions whether the deadlines are met.

Or. en

Amendment 380

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 7 – paragraph 11 a (new)

Text proposed by the Commission

Amendment

11a. The Commission should monitor the effective enforcement of the provisions of this Article at Member State level. Member States should report annually to the Commission whether the deadlines are met.

Or. en

Amendment 381

Beatrice Covassi, Carlos Zorrinho, Patrizia Toia, Lina Gálvez Muñoz, Adriana Maldonado López

Proposal for a regulation

Article 7 – paragraph 11 a (new)

Text proposed by the Commission

Amendment

11a. The procedure established in this article shall apply without prejudice to the provisions set out in Article 57 of the Directive (EU) 2018/1972.

Or. en

Amendment 382

Beatrice Covassi, Carlos Zorrinho, Josianne Cutajar, Patrizia Toia, Lina Gálvez Muñoz, Adriana Maldonado López

Proposal for a regulation

Article 7 – paragraph 11 b (new)

Text proposed by the Commission

Amendment

11b. Member States may maintain or introduce simplified authorization procedures or prior communications procedures, in accordance with Union legislation, where they serve to enable a more efficient deployment of new physical infrastructure for very high capacity network or associated facilities.

Or. en

Amendment 383

Andris Ameriks

Proposal for a regulation

Article 8 – title

Text proposed by the Commission

Amendment

In-building physical infrastructure and fibre wiring

In-building physical infrastructure

Or. en

Amendment 384

Dace Melbārde

Proposal for a regulation

Article 8 – title

Text proposed by the Commission

Amendment

In-building physical infrastructure and fibre wiring

In-building physical infrastructure

Or. en

Justification

Adjusted to reflect call for technological neutrality.

Amendment 385

Ivars Ijabs

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. All buildings at the end user’s location, including elements under joint ownership, newly constructed or undergoing major renovation works, for which applications for building permits have been submitted after [ENTRY INTO FORCE + 12 MONTHS], shall be equipped with a fibre-ready in-building physical infrastructure up to the network termination points as well as with in-building fibre wiring.

Or. en

Justification

The requirements should apply not only to the fibre wiring but also to making sure that 5G will be available in buildings. EU Digital Decade Policy Programme 2030 provides that “all end users at a fixed location are covered by a gigabit network up to the network termination point, and all populated areas are covered by next-generation wireless high-speed networks with performance at least equivalent to that of 5G, in accordance with the principle of technological neutrality.” Access to mobile broadband services has now become a basic necessity, allowing people to communicate, call emergency services, receive public alerts, etc. The Regulation should therefore be complemented by provisions that all buildings will have to be equipped with both fibre-ready in-building physical infrastructure up to the network connection points, as well as functional 5G mobile broadband internet coverage.

Amendment 386

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. All buildings at the end user’s location, including elements under joint ownership, newly constructed or undergoing major renovation works, for which applications for building works permits have been submitted after [ENTRY INTO FORCE + 12 MONTHS], shall be equipped with a gigabit-ready in-building physical infrastructure up to the network termination points as well as with in-building fibre wiring.

Or. en

Amendment 387

Johan Nissinen

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. All buildings at the end user’s location, including elements under joint ownership, newly constructed or undergoing major renovation works, for which applications for building permits have been submitted after [ENTRY INTO FORCE + 12 MONTHS], shall be equipped with a gigabit-ready VHCN in-building physical infrastructure up to the network termination points as well as with in-building fibre wiring.

Or. en

Justification

In order to be consistent with the Digital Decade connectivity targets and the principle of technology-neutrality, ‘fibre-ready’ (also in the context of Article 8(5)) should be replaced by ‘gigabit-ready VHCN’, as ‘fibre-ready’ risks being interpreted as relating to FTTH technology only, whilst there are alternative Gigabit network technologies like DOCSIS 3.1 and DOCSIS 4.0.

Amendment 388

Dace Melbārde

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. All buildings at the end user’s location, including elements under joint ownership, newly constructed or undergoing major renovation works, for which applications for building permits have been submitted after [ENTRY INTO FORCE + 12 MONTHS], shall be equipped with a gigabit-capable in-building physical infrastructure up to the network termination points as well as with in-building fibre wiring.

Or. en

Amendment 389

Andris Ameriks

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. All buildings at the end user’s location, including elements under joint ownership, newly constructed or undergoing major renovation works, for which applications for building permits have been submitted after [ENTRY INTO FORCE + 9 MONTHS], shall be equipped with a gigabit-capable in-building physical infrastructure up to the network termination points as well as with in-building fibre wiring.

Or. en

Amendment 390

Ivars Ijabs

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. By [ENTRY INTO FORCE + 12 MONTHS], all buildings at the end-users’ location, including elements thereof under joint ownership, undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall be equipped with a fibre-ready in-building physical infrastructure, up to the network termination points, as well as with in-building fibre wiring. All multi-dwelling buildings undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall also be equipped with an access point.

Or. en

Justification

Amendment 391

Johan Nissinen

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. By [ENTRY INTO FORCE + 12 MONTHS], all buildings at the end-users’ location, including elements thereof under joint ownership, undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall be equipped with a gigabit-ready VHCN in-building physical infrastructure, up to the network termination points, as well as with in-building fibre wiring. All multi-dwelling buildings undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall also be equipped with an access point.

Or. en

Amendment 392

Dace Melbārde

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. By [ENTRY INTO FORCE + 12 MONTHS], all buildings at the end-users’ location, including elements thereof under joint ownership, undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall be equipped with a gigabit-capable in-building physical infrastructure, up to the network termination points, as well as with in-building fibre wiring. All multi-dwelling buildings undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall also be equipped with an access point.

Or. en

Amendment 393

Andris Ameriks

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. By [ENTRY INTO FORCE + 18 MONTHS], all buildings at the end-users’ location, including elements thereof under joint ownership, undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall be equipped with a gigabit-capable in-building physical infrastructure, up to the network termination points, as well as with in-building fibre wiring. All multi-dwelling buildings undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall also be equipped with an access point.

Or. en

Amendment 394

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. By [ENTRY INTO FORCE + 12 MONTHS], all buildings at the end-users’ location, including elements thereof under joint ownership, undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall be equipped with a gigabit-ready in-building physical infrastructure, up to the network termination points, as well as with in-building fibre wiring. All multi-dwelling buildings undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall also be equipped with an access point

Or. en

Amendment 395

Miapetra Kumpula-Natri

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Building’s owners/condominiums that have equipped newly constructed or renovated buildings with a fibre-ready in-building physical infrastructure up to the network termination points as well as with in-building fibre wiring pursuant to paragraphs 1 and 3 shall meet all reasonable operators’ requests for access to the in-building physical infrastructure and fibre wiring under non-discriminatory terms and conditions. The access should not be subject to any fees.

Or. en

Justification

The rules for newly constructed or renovated buildings related to the provision of in-building fibre-ready facilities as well as fibre wiring should foster the deployment of VHCN.

Amendment 396

Miapetra Kumpula-Natri

Proposal for a regulation

Article 8 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. Member States shall adopt the relevant standards or technical specifications that are necessary for the implementation of paragraphs 1, 2 and 3 before [ENTRY INTO FORCE + 9 months]. Those standards or technical specifications shall easily allow ordinary assurance/maintenance activities for the individual fibre wirings used by each operator to provide VHC services and set at least:

Or. en

Justification

The rules for newly constructed or renovated building related to the provision of in-building fibre-ready facilities as well as fibre wiring should foster the deployment of VHCN.

Amendment 397

Dace Melbārde

Proposal for a regulation

Article 8 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. Based on industry's best practices, Member States shall adopt the relevant standards or technical specifications that are necessary for the implementation of paragraphs 1, 2 and 3 before [ENTRY INTO FORCE + 15 months]. Those standards or technical specifications shall set at least:

Or. en

Justification

Having regard for a feasible implementation period.

Amendment 398

Andris Ameriks

Proposal for a regulation

Article 8 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. Member States shall adopt the relevant standards or technical specifications that are necessary for the implementation of paragraphs 1, 2 and 3 before [ENTRY INTO FORCE + 15 months]. Those standards or technical specifications shall set at least:

Or. en

Amendment 399

Johan Nissinen

Proposal for a regulation

Article 8 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) the building access point specifications and fibre interface specifications;

(a) the building access point specifications and interface specifications;

Or. en

Amendment 400

Ivars Ijabs

Proposal for a regulation

Article 8 – paragraph 4 – point f a (new)

Text proposed by the Commission

Amendment

(fa) the essential parts of buildings or premises where functional 5G coverage must be provided, as well as the technical parameters and signal levels at which 5G coverage is considered functional.

Or. en

Amendment 401

Miapetra Kumpula-Natri

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

Member States will associate the Electronic Communication network operators to define the technical specification and the usable standards.

Or. en

Justification

The related specifications as well has the certification scheme should be done with the participation of the operators that have the necessary skills to address such technical matter and that will connect to these different elements.

Amendment 402

Ivars Ijabs

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission

Amendment

5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘fibre-ready’ label.

5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘fibre-ready’ and ‘VHCN-ready’ label.

Or. en

Amendment 403

Johan Nissinen

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission

Amendment

5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘fibre-ready’ label.

5. Buildings equipped in accordance with this Article shall be eligible to receive a gigabit-ready VHCN label.

Or. en

Amendment 404

Dace Melbārde

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission

Amendment

5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘fibre-ready’ label.

5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘gigabit-capable’ label.

Or. en

Amendment 405

Andris Ameriks

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission

Amendment

5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘fibre-ready’ label.

5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘gigabit-capable’ label.

Or. en

Amendment 406

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission

Amendment

5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘fibre-ready’ label.

5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘gigabit-ready’ label.

Or. en

Amendment 407

Andris Ameriks

Proposal for a regulation

Article 8 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States shall set up certification schemes for the purpose of demonstrating compliance with the standards or technical specifications referred to in paragraph 4 as well as for qualifying for the ‘fibre-ready’ label provided for in paragraph 5 before [ENTRY INTO FORCE + 12 months]. Member States shall make the issuance of the building permits referred to in paragraphs 1 and 2 conditional upon compliance with the standards or technical specifications referred to in this paragraph on the basis of a certified test report.

Or. en

Amendment 408

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 8 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States shall set up certification schemes for the purpose of demonstrating compliance with the standards or technical specifications referred to in paragraph 4 as well as for qualifying for the 'gigabit-ready’ label provided for in paragraph 5 before [ENTRY INTO FORCE + 12 months]. Member States shall make the issuance of the building works permits referred to in paragraphs 1 and 2 conditional upon compliance with the standards or technical specifications referred to in this paragraph, and the use permits of the building for the intended purpose after works are finished on the basis of a certified test report which could include on-site inspection of buildings or a representative sample of them.

Or. en

Amendment 409

Johan Nissinen

Proposal for a regulation

Article 8 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States shall set up certification schemes for the purpose of demonstrating compliance with the standards or technical specifications referred to in paragraph 4 as well as for qualifying for the gigabit-ready VHCN label provided for in paragraph 5 before [ENTRY INTO FORCE + 12 months]. Member States shall make the issuance of the building permits referred to in paragraphs 1 and 2 conditional upon compliance with the standards or technical specifications referred to in this paragraph on the basis of a certified test report.

Or. en

Amendment 410

Dace Melbārde

Proposal for a regulation

Article 8 – paragraph 6

Text proposed by the Commission

Amendment

6. Member States may set up certification schemes for the purpose of demonstrating compliance with the standards or technical specifications referred to in paragraph 4 as well as for qualifying for the ‘gigabit-capabale’ label provided for in paragraph 5 before [ENTRY INTO FORCE + 18 months]. Member States shall make the issuance of the building permits referred to in paragraphs 1 and 2 conditional upon compliance with the standards or technical specifications referred to in this paragraph on the basis of a certified test report.

Or. en

Justification

Certification scheme as proposed could be too costly and administratively burdensome for Member States with limited economic and administrative capacity.

Amendment 411

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 8 – paragraph 7

Text proposed by the Commission

Amendment

7. Paragraphs 1, 2 and 3 shall not apply to certain categories of buildings, in particular single-dwelling buildings, where compliance with those paragraphs is disproportionate, in particular in terms of costs for individual or joint owners based on objective elements.

Or. en

Amendment 412

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 8 – paragraph 8

Text proposed by the Commission

Amendment

8. Paragraphs 1, 2 and 3 need not apply to certain types of buildings, such as specific categories of monuments, historic buildings, military buildings and buildings used for national security purposes, as defined by national law. Member States shall identify such categories of buildings based on duly justified and proportionate reasons. Information on such categories of buildings shall be published via a single information point and notified to the Commission.

8. Paragraphs 1, 2 and 3 need not apply to certain types of buildings, such as specific categories of monuments, historic buildings, military buildings and buildings used for national security purposes, as defined by national law. Member States shall identify such categories of buildings based on duly justified and proportionate reasons. Information on the criteria and conditions applied to identify such categories of buildings shall be published via a single information point and notified to the Commission.

Or. en

Amendment 413

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. Subject to paragraph 3, first subparagraph, any public electronic communications network provider shall have the right to roll out its network at its own costs up to the access point.

1. Subject to paragraph 3, first subparagraph, and without prejudice to property rights, any public electronic communications network provider shall have the right to roll out its network at its own costs up to the access point.

Or. en

Amendment 414

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. Subject to paragraph 3, first subparagraph, any public electronic communications network provider shall have the right to roll out its network at its own costs up to the access point.

1. Subject to paragraph 3, first subparagraph, any public electronic communications network provider shall have the right to roll out its network at its own costs up to the building access point.

Or. en

Amendment 415

Johan Nissinen

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Any holder of a right to use the access point and the in-building physical infrastructure shall meet all reasonable requests for access to the access point and the in-building physical infrastructure from public electronic communications network providers under fair and non-discriminatory terms and conditions, including price, where appropriate.

Without prejudice to Article 8 paragraph 3bis, any holder of a right to use the access point and the in-building physical infrastructure shall meet all reasonable requests for access to the access point and the in-building physical infrastructure from public electronic communications network providers under fair and non-discriminatory terms and conditions, including price, where appropriate. In order to avoid excessive pricing, the price reference should be the cost incurred, if any, related to the use of the in-building physical infrastructure or in building fibre wiring.

Or. en

Amendment 416

Miapetra Kumpula-Natri

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Or. en

Justification

Due to the high level of cost of the last mile, it is of utmost importance to avoid too high prices in order to benefit from this new provision related to in-building facilities.

Amendment 417

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Any holder of a right to use the building access point and the in-building physical infrastructure shall meet all reasonable written requests for access to the building access point and the in-building physical infrastructure from public electronic communications network providers under fair and non-discriminatory terms and conditions, including price, where appropriate.

Or. en

Amendment 418

Johan Nissinen

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Any holder of a right to use the access point or the in-building physical infrastructure may refuse access where access to in-building fibre wiring is provided pursuant to obligations imposed under Directive (EU) 2018/1972, under Title II, Chapters II to IV, or made available under fair, reasonable and non-discriminatory terms and conditions, including price.

deleted

Or. en

Amendment 419

Miapetra Kumpula-Natri

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

The possibility to refuse access should be deleted, as it will likely cause considerable bottlenecks in competition and innovation. Operators will have less possibility to differentiate their products when, instead of rolling out their fibre all the way up to end-user premises, they will be constrained by fibre access provided by the holder of rights to the in-building physical infrastructure. Moreover, when in-building physical infrastructure with sufficient free capacity is available, there are no reasons why it should not be provided for rolling out fibre, as in these circumstances (virtually) no construction works are required and therefore no tangible impact on property owners or users is to be expected.

Amendment 420

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Any holder of a right to use the building access point or the in-building physical infrastructure may refuse access where access to in-building physical infrastructure is provided pursuant to obligations imposed under Directive (EU) 2018/1972, under Title II, Chapters II to IV, or made available under fair, reasonable and non-discriminatory terms and conditions, including price.

Or. en

Amendment 421

Johan Nissinen

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. In the absence of available fibre-ready in-building physical infrastructure, every public electronic communications network provider shall have the right to terminate its network at the premises of the subscriber, subject to the agreement of the subscriber, provided that it minimises the impact on the private property of third parties.

deleted

Or. en

Amendment 422

Dace Melbārde

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. In the absence of available gigabit-capable in-building physical infrastructure, every public electronic communications network provider shall have the right to terminate its network at the premises of the subscriber, subject to the agreement of the subscriber, provided that it minimises the impact on the private property of third parties.

Or. en

Amendment 423

Andris Ameriks

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 424

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. In the absence of available gigabit-ready in-building physical infrastructure, every public electronic communications network provider shall have the right to terminate its network at the premises of the subscriber, subject to the agreement of the subscriber, provided that it minimises the impact on the private property of third parties.

Or. en

Amendment 425

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. In the absence of available fibre-ready in-building physical infrastructure, every public electronic communications network provider shall have the right to terminate its network at the premises of the subscriber, subject to the agreement of the subscriber, provided that it respects the private property rights of third parties.

Or. en

Amendment 426

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 9 – paragraph 5

Text proposed by the Commission

Amendment

5. This Article shall be without prejudice to the right to property of the owner of the access point or the in-building physical infrastructure where the holder of a right to use that infrastructure or access point is not the owner thereof, and to the right to property of other third parties, such as landowners and building owners.

5. This Article shall be without prejudice to the right to property of the owner of the building access point or the in-building physical infrastructure where the holder of a right to use that infrastructure or building access point is not the owner thereof, and to the right to property of other third parties, such as landowners and building owners.

Or. en

Amendment 427

Miapetra Kumpula-Natri

Proposal for a regulation

Article 9 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. This Article shall also be without prejudice to the right of Member States to maintain or introduce measures falling outside the scope of this Regulation, such as access obligations for in-building cables, provided that these measures are in alignment with the aim of this Regulation.

Or. en

Justification

Some Member States have already introduced measures on in-building physical infrastructure, and in-building networks are considered integral parts of the property, with the property owner owning any in-building physical infrastructure. Access to the in-building cabling may be appropriate and as it contributes to reducing the cost of ECN deployment. It is thus important that Member States have the possibility to maintain or introduce such measures.

Amendment 428

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 9 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. This Article is without prejudice to the right of Member States to maintain or introduce measures falling outside the scope of this Regulation, such as access obligations for in-building cables.

Or. en

Amendment 429

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 9 – paragraph 6

Text proposed by the Commission

Amendment

6. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, the Commission may, in close cooperation with BEREC, provide guidance on the application of this Article.

6. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, and having taken into account well-established principles and the divergent situation across Member States the Commission may, in close cooperation with BEREC, provide guidance on the application of this Article.

Or. en

Amendment 430

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 10 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States, before implementing the Single Information point, shall conduct a survey in order to identify existing relevant databases to take them into account in order to avoid duplication.

Or. en

Amendment 431

Miapetra Kumpula-Natri

Proposal for a regulation

Article 10 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. 4. Member States shall, without delay, conduct a survey in order to identify existing relevant databases to take into account in order to avoid duplication.

Or. en

Justification

In order to save cost and energy it is important that the set-up of the single information point integrate any database providing relevant information in order to have potentially the SIP liaising with other possible platforms.

Amendment 432

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 10 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. Member States shall ensure adequate technical, financial and human resources to support the roll-out and the digitalisation of single information points. The cost driven from the setting-up of the single national digital entry point, single information points and related digital tools needed to comply with provisions in Articles 4, 6 and 7 of this Regulation, may be fully or partly eligible for financial support under Union funds, such as the European Regional Development Fund, the Digital Europe Programme, and the Recovery and Resilience Facility.

Or. en

Amendment 433

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 11 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) where access to existing infrastructure is refused or agreement on specific terms and conditions, including price, has not been reached within 1 month from the date of receipt of the request for access under Article 3;

(a) where access to existing infrastructure is refused or agreement on specific terms and conditions, including price, has not been reached within 2 month from the date of receipt of the request for access under Article 3;

Or. en

Amendment 434

Miapetra Kumpula-Natri

Proposal for a regulation

Article 11 – paragraph 2 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) within four months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);

(a) within maximum 2 months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);

Or. en

Justification

Four months for having a decision is too long considering typical operator’s deployment plannings. Dispute resolution procedures must be swift, clear, and effective tor this Regulation to fulfil its objectives.

Amendment 435

Johan Nissinen

Proposal for a regulation

Article 11 – paragraph 2 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) within four months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);

(a) within three months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);

Or. en

Amendment 436

Adam Jarubas, Janusz Lewandowski

Proposal for a regulation

Article 11 – paragraph 2 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) within four months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);

(a) within two months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);

Or. en

Amendment 437

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 11 – paragraph 2 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) within one month from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, points (b), (c) and (d).

(b) within two months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, points (b), (c) and (d).

Or. en

Amendment 438

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 11 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Those deadlines may only be extended in exceptional circumstances.

Those deadlines may only be extended in exceptional circumstances duly substantiated by the competent national dispute settlement body.

Or. en

Amendment 439

Franc Bogovič

Proposal for a regulation

Article 11 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Where the dispute relates to access to the infrastructure of an operator and the national dispute settlement body is the national regulatory authority, the objectives set out in Article 3 of Directive (EU) 2018/1972 shall be taken into account, where appropriate.

Where the dispute relates to access to the infrastructure of an undertaking providing or authorised to provide public electronic communications networks and the national dispute settlement body is the national regulatory authority, the objectives set out in Article 3 of Directive (EU) 2018/1972 shall be taken into account, where appropriate.

Or. en

Justification

Amendment 440

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 12 – paragraph 2

Text proposed by the Commission

Amendment

2. The national dispute settlement body shall be legally distinct and functionally independent of any network operator and any public sector body owning or controlling physical infrastructure involved in the dispute. Member States that retain ownership or control of network operators shall ensure effective structural separation of the functions related to the national dispute settlement procedures and those of the single information point from activities associated with ownership or control.

2. The national dispute settlement body shall act independently and objectively, including in the development of internal procedures and the organisation of staff, shall operate in a transparent and accountable manner in accordance with Union law, and shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing Union law. The national dispute settlement body shall be legally distinct, and functionally independent of any network operator and any public sector body owning or controlling physical infrastructure involved in the dispute. Member States that retain ownership or control of network operators shall ensure effective structural separation of the functions related to the national dispute settlement procedures and those of the single information point from activities associated with ownership or control. Only appeal bodies shall have the power to suspend or overturn decisions of the national regulatory authorities.

Or. en

Amendment 441

Angelika Winzig, Sara Skyttedal, Adam Jarubas, Seán Kelly, Angelika Niebler

Proposal for a regulation

Article 12 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Article 8 first paragraph of Directive (EU) 2018/1972 shall be applied mutatis mutandis to national dispute settlement bodies.

Or. en

Justification

Political independence of national dispute bodies is of utmost importance for the quality of their decisions.

Amendment 442

Angelika Winzig, Sara Skyttedal, Adam Jarubas, Seán Kelly, Angelika Niebler

Proposal for a regulation

Article 12 – paragraph 6

Text proposed by the Commission

Amendment

6. Paragraph 2 shall apply mutatis mutandis to the competent bodies performing the functions of a single information point.

6. Paragraphs 2 and 2a shall apply mutatis mutandis to the competent bodies performing the functions of a single information point.

Or. en

Justification

This amendment is needed to maintain the inner logic of the text.

Amendment 443

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 12 – paragraph 7

Text proposed by the Commission

Amendment

7. The competent bodies shall exercise their powers impartially, transparently and in a timely manner. Member States shall ensure that they shall have adequate technical, financial and human resources to carry out the tasks assigned to them. In order to fulfil their tasks, competent bodies may be fully or partly eligible for financial support under Union funds, such as the European Regional Development Fund, the Digital Europe Programme, and the Recovery and Resilience Facility.

Or. en

Amendment 444

Beatrice Covassi, Carlos Zorrinho, Patrizia Toia, Lina Gálvez Muñoz, Adriana Maldonado López

Proposal for a regulation

Article 13 – title

Text proposed by the Commission

Amendment

13 Committee procedure

13 Delegated powers and committee procedure

Or. en

Amendment 445

Beatrice Covassi, Carlos Zorrinho, Patrizia Toia, Lina Gálvez Muñoz, Adriana Maldonado López

Proposal for a regulation

Article 13 a (new)

Text proposed by the Commission

Amendment

Article 13a

Exercise of the delegation

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

The power to adopt delegated acts referred to in Article 7(8) shall be conferred on the Commission.

The delegation of power referred to in Article 7(8) 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.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

A delegated act adopted pursuant to Article 7(8) 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 to 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 446

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1. By [DATE OF ENTRY INTO FORCE + 5 YEARS], the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation. The report shall include a summary of the impact of the measures set out in this Regulation and an assessment of the progress towards achieving its objectives, including whether and how the Regulation could further contribute to achieving the connectivity targets set out in the Decision establishing the Digital Decade Policy Programme 2030.

Or. en

Amendment 447

Elena Kountoura

on behalf of The Left Group

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1. By [DATE OF ENTRY INTO FORCE + 5 YEARS], the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation. The report shall include a summary of the impact of the measures set out in this Regulation and an assessment of the progress towards achieving its objectives, including in particular its impact on the objective of a fast and extensive deployment of very high capacity networks, in rural, insular and remote areas, such as islands and mountainous and sparsely-populated regions, and whether and how the Regulation could further contribute to achieving the connectivity targets set out in the Decision establishing the Digital Decade Policy Programme 2030.

Or. en

Amendment 448

Miapetra Kumpula-Natri

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1. By [DATE OF ENTRY INTO FORCE + 3 YEARS], the Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation. The report shall include a summary of the impact of the measures set out in this Regulation and an assessment of the progress towards achieving its objectives, including whether and how the Regulation could further contribute to achieving the connectivity targets set out in the Decision establishing the Digital Decade Policy Programme 2030.

Or. en

Justification

Waiting for 5 years for the EC to provide a report on the implementation of the Regulation and the assessment of the progress toward achieving the Digital Decade targets is too long. It would mean that this report would be published only in 2029, which dilutes its objectives.

Amendment 449

Beatrice Covassi, Carlos Zorrinho, Josianne Cutajar, Patrizia Toia, Lina Gálvez Muñoz, Adriana Maldonado López

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 450

Angelika Winzig, Sara Skyttedal, Massimiliano Salini, Seán Kelly

Proposal for a regulation

Article 15 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The Commission, supported by BEREC and the national regulators, shall carry out a market analysis to determine whether phenomena have occurred in the Member States that indicate a market failure with regard to the pricing of tower companies.

By [DATE OF ENTRY INTO FORCE + TWO YEARS] and every two years thereafter, the commission shall present the result of the market analysis to the European Parliament and the Council. The report shall include the number of cases phenomena occurred per Member State, a description of the nature of the phenomena that indicate a market failure and conclusions, whether or not a market failure has occurred.

If the report comes to the conclusion a market failure occurred, the Commission shall adopt a delegated act in accordance with Article 3(1a) and Article 15a.

Or. en

Amendment 451

Angelika Niebler

Proposal for a regulation

Article 15 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The Commission, supported by BEREC and the national regulators, shall carry out a market analysis to determine whether phenomena have occurred in the Member States, indicating a market failure with regard to the pricing of tower companies.

By [Date of Entry into force + 2 years], the Commission shall submit a report, which presents the results of the market analysis, to the European Parliament and the Council of the European Union.

If the report comes to the conclusion that a market failure occurred, the Commission shall propose measures, addressing the market failures, in the form of a legislative proposal.

Or. en

Amendment 452

Angelika Winzig, Sara Skyttedal, Seán Kelly, Angelika Niebler

Proposal for a regulation

Article 15 a (new)

Text proposed by the Commission

Amendment

Article 15a

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 power to adopt delegated acts referred to in Article 3(1a), shall be conferred on the Commission for a period of five years from [DATE THE REGULATION COMES IN EFFECT]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 3(1a) 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 the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

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 3(1a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to 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 453

Miapetra Kumpula-Natri

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

National measures that specify the categories of deployment of elements of very high capacity networks or associated facilities not being subject to any permit-granting procedure within the meaning of Article 7, and that were adopted by the Member States pursuant to Directive 2014/61/EU or before its entry into force but in line with it shall continue to apply until the implementing act provided for in Article 7(8) of this Regulation enters into application.

Or. en

Justification

The Commission's implementing act should not prejudice additional existing exemptions already provided by Member States.

Amendment 454

Angelika Winzig, Sara Skyttedal, Seán Kelly, Angelika Niebler

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Justification

This amendment is needed for the inner logic of the text.

Amendment 455

Niklas Nienass

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 16 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

Article 16a

Amendments to Regulation (EU) 2015/2120 Regulation (EU) 2015/2120 is amended as follows:

(1) the title is replaced by the following:

‘Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access, abolishing retail surcharges for regulated intra-Union communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012’;

(2) in Article 1, paragraph 3 is replaced by the following:

‘This Regulation also abolishes retail surcharges for regulated intra-Union communications to ensure that consumers are not charged excessive prices for making number-based interpersonal communications originating in the Member State of the consumer’s domestic provider and terminating at any fixed or mobile number in another Member State.’;

(3) Article 5a is replaced by the following:

Article 5a

Abolition of retail surcharges for regulated intra-EU communications

1. Providers of electronic communications to the public shall not apply tariffs to regulated intra-EU communications terminating in another Member State that are higher than the tariffs applicable to services terminating in the same Member State, unless they demonstrate the existence of direct costs that are objectively justified.

2. By... [DATE OF ENTRY INTO FORCE + 6 MONTHS], BEREC shall provide guidelines setting out the criteria for determining the objectively justified direct costs referred to in paragraph 1.

3. By... [DATE OF ENTRY INTO FORCE + 12 MONTHS], and biennially thereafter, the Commission shall, after consulting BEREC, publish a report on the application of the requirement laid down in paragraph 1, including an assessment of the evolution of intra-Union communication tariffs.’;

(4) in Article 10, paragraph 5 is deleted.

Or. en

Amendment 456

Angelika Niebler

Proposal for a regulation

Article 16 a (new)

Text proposed by the Commission

Amendment

Article 16a

Amendments to Regulation (EU) 2015/2120

Regulation (EU) 2015/2120 is amended as follows:

(1) the title is replaced by the following: ‘Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access, abolishing retail surcharges for regulated intra-Union communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012’;

(2) in Article 1, paragraph 3 is replaced by the following: ‘This Regulation also abolishes retail surcharges for regulated intra-Union communications to ensure that consumers are not charged excessive prices for making number-based interpersonal communications originating in the Member State of the consumer’s domestic provider and terminating at any fixed or mobile number in another Member State.’;

(3) Article 5a is replaced by the following:

Article 5a Abolition of retail surcharges for regulated intra-EU communications

2. By... [DATE OF ENTRY INTO FORCE + 6 MONTHS], BEREC shall provide guidelines setting out the criteria for determining the objectively justified direct costs referred to in paragraph 1.

(4) in Article 10, paragraph 5 is deleted.

Or. en

Amendment 457

Adam Jarubas, Janusz Lewandowski

Proposal for a regulation

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. It shall apply from [6 months after its entry into force].

2. It shall apply from [12 months after its entry into force].

Or. en

Amendment 458

Andris Ameriks

Proposal for a regulation

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. It shall apply from [6 months after its entry into force].

2. It shall apply from [24 months after its entry into force].

Or. en

Amendment 459

Dace Melbārde

Proposal for a regulation

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. It shall apply from [6 months after its entry into force].

2. It shall apply from [24 months after its entry into force].

Or. en

Justification

Member States need sufficient time to amend legal acts according to Article 6 and 7, develop standards or technical specifications and introduce the label according to Article 8 and to meet the requirements in Article 10 and 11. Decisions must be made regarding availability of budget, technical performance, reprogramming single information points, implementing common user interface solutions etc.