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					           EUROPEAN PARLIAMENT                          2009 - 2010




                      TEXTS ADOPTED

                                    Part I
                                  at the sitting of

                                    Wednesday
                                    6 May 2009




     P6_TA-PROV(2009)05-06        PROVISIONAL EDITION           PE 426.182




EN                               United in diversity                         EN
                                                         CONTENTS

                                                   TEXTS ADOPTED




P6_TA-PROV(2009)0348
Responsibilities of committees
(B6-0269/2009)
European Parliament decision of 6 May 2009 on the powers and responsibilities of the
standing committees...................................................................................................................... 2
P6_TA-PROV(2009)0349
Interparliamentary delegations, delegations to joint interparliamentary committees and
delegations to parliamentary cooperation committees and multilateral parliamentary
assemblies
(B6-0268/2009)
European Parliament decision of 6 May 2009 on the number of interparliamentary
delegations, delegations to joint parliamentary committees, delegations to parliamentary
cooperation committees and multilateral Parliamentary Assemblies ......................................... 13
P6_TA-PROV(2009)0350
CFP: repeal of Directive 83/515/EEC and 11 obsolete Decisions *
(A6-0203/2009 - Rapporteur: Philippe Morillon)
European Parliament legislative resolution of 6 May 2009 on the proposal for a Council
decision repealing Directive 83/515/EEC and 11 obsolete decisions in the field of the
Common Fisheries Policy (COM(2009)0088 – C6-0094/2009 – 2009/0022(CNS)) ................. 17
P6_TA-PROV(2009)0351
CFP: repeal of 14 obsolete Regulations *
(A6-0202/2009 - Rapporteur: Philippe Morillon)
European Parliament legislative resolution of 6 May 2009 on the proposal for a Council
regulation repealing 14 obsolete Regulations in the field of the Common Fisheries Policy
(COM(2009)0089 – C6-0095/2009 – 2009/0024(CNS))............................................................ 18
P6_TA-PROV(2009)0352
Support for rural development by the European Agricultural Fund for Rural
Development (EAFRD) *
(A6-0259/2009 - Rapporteur: Petya Stavreva)
European Parliament legislative resolution of 6 May 2009 on the proposal for a Council
regulation amending Regulation (EC) No 1698/2005 on support for rural development by
the European Agricultural Fund for Rural Development (EAFRD) (COM(2009)0038 –
C6-0051/2009 – 2009/0011(CNS))............................................................................................. 19




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     P6_TA-PROV(2009)0353
     The petitions process (amendment of Title VIII of the Rules of Procedure)
     (A6-0027/2009 - Rapporteur: Gérard Onesta)
     European Parliament decision of 6 May 2009 on revision of the Rules of Procedure with
     regard to the petitions process (2006/2209(REG)) ..................................................................... 31
     P6_TA-PROV(2009)0354
     Amendment of the Interinstitutional Agreement of 17 May 2006
     (A6-0278/2009 - Rapporteur: Reimer Böge)
     European Parliament resolution of 6 May 2009 on the amended proposal for a decision of
     the European Parliament and of the Council amending the Interinstitutional Agreement of
     17 May 2006 on budgetary discipline and sound financial management as regards the
     multiannual financial framework (2007-2013) (COM(2009)0171 – C6-0508/2008 –
     2008/2332(ACI))......................................................................................................................... 38
     P6_TA-PROV(2009)0355
     Draft amending budget No 4/2009
     (A6-0281/2009 - Rapporteur: Jutta Haug)
     European Parliament resolution of 6 May 2009 on Draft amending budget No 4/2009 of
     the European Union for the financial year 2009, Section III – Commission (9126/2009 –
     C6-0156/2009 – 2009/2039(BUD)) ............................................................................................ 43
     P6_TA-PROV(2009)0356
     Draft amending budget No 5/2009
     (A6-0282/2009 - Rapporteur: Jutta Haug)
     European Parliament resolution of 6 May 2009 on Draft amending budget No 5/2009 of
     the European Union for the financial year 2009, Section III – Commission (9127/2009 –
     C6-0157/2009 – 2009/2040(BUD)) ............................................................................................ 45
     P6_TA-PROV(2009)0357
     Energy labelling of televisions
     (B6-0260/2009)
     European Parliament resolution of 6 May 2009 on the draft Commission directive
     implementing and amending Council Directive 92/75/EEC with regard to energy labelling
     of televisions ............................................................................................................................... 47
     P6_TA-PROV(2009)0358
     Non-State actors and local authorities in development
     (B6-0285/2009)
     European Parliament resolution of 6 May 2009 on the draft Commission decision
     establishing the 2009 Annual Action Programme for Non-State Actors and Local
     Authorities in Development (Part II: Targeted Projects) ............................................................ 50
     P6_TA-PROV(2009)0359
     General revision of the Rules of Procedure
     (A6-0273/2009 - Rapporteur: Richard Corbett)
     European Parliament decision of 6 May 2009 on the general revision of Parliament's Rules
     of Procedure (2007/2124(REG))................................................................................................. 54
     P6_TA-PROV(2009)0360
     Electronic communications networks, personal data and the protection of privacy ***II
     (A6-0257/2009 - Rapporteur: Malcolm Harbour)

     II /PE 426.182


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European Parliament legislative resolution of 6 May 2009 on the common position
adopted by the Council with a view to the adoption of a directive of the European
Parliament and of the Council amending Directive 2002/22/EC on universal service and
users’ rights relating to electronic communications networks, Directive 2002/58/EC
concerning the processing of personal data and the protection of privacy in the electronic
communications sector and Regulation (EC) No 2006/2004 on cooperation between
national authorities responsible for the enforcement of consumer protection laws
(16497/1/2008 – C6-0068/2009 – 2007/0248(COD))................................................................. 81
P6_TA-PROV(2009)0361
Electronic communications networks and services ***II
(A6-0272/2009 - Rapporteur: Catherine Trautmann)
European Parliament legislative resolution of 6 May 2009 on the Council common
position for adopting a directive of the European Parliament and of the Council amending
Directives 2002/21/EC on a common regulatory framework for electronic communications
networks and services, 2002/19/EC on access to, and interconnection of, electronic
communications networks and associated facilities, and 2002/20/EC on the authorisation
of electronic communications networks and services (16496/1/2008 – C6-0066/2009 –
2007/0247(COD)) ..................................................................................................................... 127
P6_TA-PROV(2009)0362
Body of European Regulators for Electronic Communications (BEREC) and the Office
***II
(A6-0271/2009 - Rapporteur: Pilar del Castillo Vera)
European Parliament legislative resolution of 6 May 2009 on the Council common
position for adopting a regulation of the European Parliament and of the Council
establishing the Group of European Regulators in Telecoms (GERT) (16498/1/2008 – C6-
0067/2009 – 2007/0249(COD)) ................................................................................................ 184




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PE 426.182\ 1


                EN
     P6_TA-PROV(2009)0348

     Responsibilities of committees
     European Parliament decision of 6 May 2009 on the powers and responsibilities of the
     standing committees


     The European Parliament,

     – having regard to the proposal by the Conference of Presidents,

     – having regard to Rule 174 of its Rules of Procedure,

     1. Decides to set up the following standing committees:

         I.       Committee on Foreign Affairs,
         II.      Committee on Development
         III.     Committee on International Trade
         IV.      Committee on Budgets
         V.       Committee on Budgetary Control
         VI.      Committee on Economic and Monetary Affairs
         VII.     Committee on Employment and Social Affairs
         VIII.    Committee on the Environment, Public Health and Food Safety
         IX.      Committee on Industry, Research and Energy
         X.       Committee on Internal Market and Consumer Protection
         XI.      Committee on Transport and tourism
         XII.     Committee on Regional Development
         XIII.    Committee on Agriculture and Rural Development
         XIV.     Committee on Fisheries
         XV.      Committee on Culture and Education
         XVI.     Committee on Legal Affairs
         XVII.    Committee on Civil Liberties, Justice and Home Affairs
         XVIII.   Committee on Constitutional Affairs
         XIX.     Committee on Women’s Rights and Gender Equality
         XX.      Committee on Petitions;

     2. Decides to replace Annex VI to its Rules of Procedure by the following:



                                       "ANNEX VI
                      Powers and responsibilities of standing committees
                               I. Committee on Foreign Affairs
     Committee responsible for:
             1.      the common foreign and security policy (CFSP) and the European security and
                     defence policy (ESDP). In this context the committee is assisted by a
                     subcommittee on security and defence;



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       2.     relations with other EU institutions and bodies, the UNO and other international
              organisations and interparliamentary assemblies for matters falling under its
              responsibility;
       3.     the strengthening of political relations with third countries, particularly those in
              the immediate vicinity of the Union, by means of major cooperation and
              assistance programmes or international agreements such as association and
              partnership agreements;
       4.     the opening, monitoring and concluding of negotiations concerning the accession
              of European States to the Union;
       5.     issues concerning human rights, the protection of minorities and the promotion
              of democratic values in third countries. In this context the committee is assisted
              by a subcommittee on human rights. Without prejudice to the relevant rules,
              members from other committees and bodies with responsibilities in this field
              shall be invited to attend the meetings of the subcommittee.
The committee coordinates the work of joint parliamentary committees and parliamentary
cooperation committees as well as that of the interparliamentary delegations and ad hoc
delegations and election observation missions falling within its remit.

                             II. Committee on Development
Committee responsible for:
       1.     the promotion, implementation and monitoring of the development and
              cooperation policy of the Union, notably:
              (a)    political dialogue with developing countries, bilaterally and in the
                     relevant international organisations and interparliamentary fora,
              (b)    aid to, and cooperation agreements with, developing countries,
              (c)    promotion of democratic values, good governance and human rights in
                     developing countries;
       2.     matters relating to the ACP-EU Partnership Agreement and relations with the
              relevant bodies;
       3.     Parliament's involvement in election observation missions, when appropriate in
              cooperation with other relevant committees and delegations.
The committee coordinates the work of the interparliamentary delegations and ad hoc
delegations falling within its remit.

                         III. Committee on International Trade
Committee responsible for:
matters relating to the establishment and implementation of the Union's common commercial
policy and its external economic relations, in particular:
       1.     financial, economic and trade relations with third countries and regional
              organisations;


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             2.      measures of technical harmonisation or standardisation in fields covered by
                     instruments of international law;
             3.      relations with the relevant international organisations and with organisations
                     promoting regional economic and commercial integration outside the Union;
             4.      relations with the WTO, including its parliamentary dimension.
     The committee liaises with the relevant interparliamentary and ad hoc delegations for the
     economic and trade aspects of relations with third countries.

                                       IV. Committee on Budgets
     Committee responsible for:
             1.      the multiannual financial framework of the Union's revenue and expenditure and
                     the Union's system of own resources;
             2.      Parliament's budgetary prerogatives, namely the budget of the Union as well as
                     the negotiation and implementation of interinstitutional agreements in this field;
             3.      Parliament's estimates according to the procedure defined in the Rules;
             4.      the budget of the decentralised bodies;
             5.      the financial activities of the European Investment Bank;
             6.      the budgetisation of the European Development Fund, without prejudice to the
                     powers of the committee responsible for the ACP-EU Partnership Agreement;
             7.      financial implications and compatibility with the multiannual Financial
                     Framework of all Community acts, without prejudice to the powers of the
                     relevant committees;
             8.      keeping track of and assessing the implementation of the current budget
                     notwithstanding Rule 72(1), transfers of appropriations, procedures relating to
                     the establishment plans, administrative appropriations and opinions concerning
                     buildings-related projects with significant financial implications;
             9.      the Financial Regulation, excluding matters relating to the implementation,
                     management and control of the budget.

                                 V. Committee on Budgetary Control
     Committee responsible for:
             1.      the control of the implementation of the budget of the Union and of the
                     European Development Fund, and the decisions on discharge to be taken by
                     Parliament, including the internal discharge procedure and all other measures
                     accompanying or implementing such decisions;
             2.      the closure, presenting and auditing of the accounts and balance sheets of the
                     Union, its institutions and any bodies financed by it, including the establishment
                     of appropriations to be carried over and the settling of balances;
             3.      the control of the financial activities of the European Investment Bank;


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       4.     monitoring the cost-effectiveness of the various forms of Community financing
              in the implementation of the Union's policies;
       5.     consideration of fraud and irregularities in the implementation of the budget of
              the Union, measures aiming at preventing and prosecuting such cases, and the
              protection of the Union's financial interests in general;
       6.     relations with the Court of Auditors, the appointment of its members and
              consideration of its reports;
       7.     the Financial Regulation as far as the implementation, management and control
              of the budget are concerned.

                 VI. Committee on Economic and Monetary Affairs
Committee responsible for:
       1.     the economic and monetary policies of the Union, the functioning of Economic
              and Monetary Union and the European monetary and financial system (including
              relations with the relevant institutions or organisations);
       2.     the free movement of capital and payments (cross-border payments, single
              payment area, balance of payments, capital movements and borrowing and
              lending policy, control of movements of capital originating in third countries,
              measures to encourage the export of the Union's capital);
       3.     the international monetary and financial system (including relations with
              financial and monetary institutions and organisations);
       4.     rules on competition and State or public aid;
       5.     tax provisions;
       6.     the regulation and supervision of financial services, institutions and markets
              including financial reporting, auditing, accounting rules, corporate governance
              and other company law matters specifically concerning financial services.

                 VII. Committee on Employment and Social Affairs
Committee responsible for:
       1.     employment policy and all aspects of social policy such as working conditions,
              social security and social protection;
       2.     health and safety measures at the workplace;
       3.     the European Social Fund;
       4.     vocational training policy, including professional qualifications;
       5.     the free movement of workers and pensioners;
       6.     social dialogue;
       7.     all forms of discrimination at the workplace and in the labour market except
              those based on sex;


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             8.      relations with:
                     -       the European Centre for the Development of Vocational Training
                             (Cedefop),
                     -       the European Foundation for the Improvement of Living and Working
                             Conditions,
                     -       the European Training Foundation,
                     -       the European Agency for Safety and Health at Work;
                             as well as relations with other relevant EU bodies and international
                             organisations.

             VIII. Committee on the Environment, Public Health and Food Safety
     Committee responsible for:
             1.      environmental policy and environmental protection measures, in particular
                     concerning:
                     (a)     air, soil and water pollution, waste management and recycling, dangerous
                             substances and preparations, noise levels, climate change, protection of
                             biodiversity,
                     (b)     sustainable development,
                     (c)     international and regional measures and agreements aimed at protecting
                             the environment,
                     (d)     restoration of environmental damage,
                     (e)     civil protection,
                     (f)     the European Environment Agency,
                     (g)     the European Chemicals Agency;
             2.      public health, in particular:
                     (a)     programmes and specific actions in the field of public health,
                     (b)     pharmaceutical and cosmetic products,
                     (c)     health aspects of bioterrorism,
                     (d)     the European Agency for the Evaluation of Medicinal Products and the
                             European Centre of Disease Prevention and Control;
             3.      food safety issues, in particular:
                     (a)     the labelling and safety of foodstuffs,
                     (b)     veterinary legislation concerning protection against risks to human
                             health; public health checks on foodstuffs and food production systems,


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               (c)     the European Food Safety Authority and the European Food and
                       Veterinary Office.

                     IX. Committee on Industry, Research and Energy
Committee responsible for:
       1.      the Union's industrial policy and the application of new technologies, including
               measures relating to SMEs;
       2.      the Union's research policy, including the dissemination and exploitation of
               research findings;
       3.      space policy;
       4.      the activities of the Joint Research Centre and the Central Office for Nuclear
               Measurements, as well as JET, ITER and other projects in the same area;
       5.      Community measures relating to energy policy in general, the security of energy
               supply and energy efficiency including the establishment and development of
               trans-European networks in the energy infrastructure sector;
       6.      the Euratom Treaty and Euratom Supply Agency;                     nuclear   safety,
               decommissioning and waste disposal in the nuclear sector;
       7.      the information society and information technology, including the establishment
               and development of trans-European networks in the telecommunication
               infrastructure sector.



            X. Committee on the Internal Market and Consumer Protection
Committee responsible for:
       1.      coordination at Community level of national legislation in the sphere of the
               internal market and of the customs union, in particular:
               (a)     the free movement of goods including the harmonisation of technical
                       standards,
               (b)     the right of establishment,
               (c)     the freedom to provide services except in the financial and postal sectors;
       2.      measures aiming at the identification and removal of potential obstacles to the
               functioning of the internal market;
       3.      the promotion and protection of the economic interests of consumers, except for
               public health and food safety issues, in the context of the establishment of the
               internal market.

                        XI. Committee on Transport and Tourism
Committee responsible for:



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             1.      matters relating to the development of a common policy for rail, road, inland
                     waterway, maritime and air transport, in particular:
                     (a)    common rules applicable to transport within the European Union,
                     (b)    the establishment and development of trans-European networks in the
                            area of transport infrastructure,
                     (c)    the provision of transport services and relations in the field of transport
                            with third countries,
                     (d)    transport safety,
                     (e)    relations with international transport bodies and organisations;
             2.      postal services;
             3.      tourism.

                                XII. Committee on Regional Development
     Committee responsible for:
     regional and cohesion policy, in particular:
             (a)     the European Regional Development Fund, the Cohesion Fund and the other
                     instruments of the Union's regional policy,
             (b)     assessing the impact of other Union policies on economic and social cohesion,
             (c)     coordination of the Union's structural instruments,
             (d)     outermost regions and islands as well as trans-frontier and interregional
                     cooperation,
             (e)     relations with the Committee of the Regions, interregional cooperation
                     organisations and local and regional authorities.

                     XIII. Committee on Agriculture and Rural Development
     Committee responsible for:
             1.      the operation and development of the common agricultural policy;
             2.      rural development, including the activities of the relevant financial instruments;
             3.      legislation on:
                     (a)    veterinary and plant-health matters, animal feedingstuffs provided such
                            measures are not intended to protect against risks to human health,
                     (b)    animal husbandry and welfare;
             4.      the improvement of the quality of agricultural products;
             5.      supplies of agricultural raw materials;
             6.      the Community Plant Variety Office;

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       7.     forestry.

                               XIV. Committee on Fisheries
Committee responsible for:
       1.     the operation and development of the common fisheries policy and its
              management;
       2.     the conservation of fishery resources;
       3.     the common organisation of the market in fishery products;
       4.     structural policy in the fisheries and aquaculture sectors, including the financial
              instruments for fisheries guidance;
       5.     international fisheries agreements.

                          XV. Committee on Culture and Education
Committee responsible for:
       1.     the cultural aspects of the European Union, and in particular:
              (a)     improving the knowledge and dissemination of culture,
              (b)     the protection and promotion of cultural and linguistic diversity,
              (c)     the conservation and safeguarding of cultural heritage, cultural
                      exchanges and artistic creation;
       2.     the Union's education policy, including the European higher education area, the
              promotion of the system of European schools and lifelong learning;
       3.     audiovisual policy and the cultural and educational aspects of the information
              society;
       4.     youth policy and the development of a sports and leisure policy;
       5.     information and media policy;
       6.     cooperation with third countries in the areas of culture and education and
              relations with the relevant international organisations and institutions.

                              XVI. Committee on Legal Affairs
Committee responsible for:
       1.     the interpretation and application of European law, compliance of European
              Union acts with primary law, notably the choice of legal bases and respect for
              the principles of subsidiarity and proportionality;
       2.     the interpretation and application of international law, in so far as the European
              Union is affected;
       3.     the simplification of Community law, in particular legislative proposals for its
              official codification;


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             4.       the legal protection of Parliament's rights and prerogatives, including its
                      involvement in actions before the Court of Justice and the Court of First
                      Instance;
             5.       Community acts which affect the Member States' legal order, namely in the
                      fields of:
                      (a)    civil and commercial law,
                      (b)    company law,
                      (c)    intellectual property law,
                      (d)    procedural law;
             6.       measures concerning judicial and administrative cooperation in civil matters;
             7.       environmental liability and sanctions against environmental crime;
             8.       ethical questions related to new technologies, applying the procedure with
                      associated committees with the relevant committees;
             9.       the Statute for Members and the Staff Regulations of the European
                      Communities;
             10.      privileges and immunities as well as verification of Members' credentials;
             11.      the organisation and statute of the Court of Justice;
             12.      the Office for Harmonisation in the Internal Market.

                   XVII. Committee on Civil Liberties, Justice and Home Affairs
     Committee responsible for:
             1.       the protection within the territory of the Union of citizens' rights, human rights
                      and fundamental rights, including the protection of minorities, as laid down in
                      the Treaties and in the Charter of Fundamental Rights of the European Union;
             2.       the measures needed to combat all forms of discrimination other than those
                      based on sex or those occurring at the workplace and in the labour market;
             3.       legislation in the areas of transparency and of the protection of natural persons
                      with regard to the processing of personal data;
             4.       the establishment and development of an area of freedom, security and justice, in
                      particular:
                      (a)    measures concerning the entry and movement of persons, asylum and
                             migration,
                      (b)    measures concerning an integrated management of the common borders,
                      (c)    measures relating to police and judicial cooperation in criminal matters;




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       5.     the European Monitoring Centre for Drugs and Drug Addiction and the
              European Monitoring Centre on Racism and Xenophobia, Europol, Eurojust,
              Cepol and other bodies and agencies in the same area;
       6.     the determination of a clear risk of a serious breach by a Member State of the
              principles common to the Member States.

                      XVIII. Committee on Constitutional Affairs
Committee responsible for:
       1.     the institutional aspects of the European integration process, in particular in the
              framework of the preparation and proceedings of conventions and
              intergovernmental conferences;
       2.     the implementation of the EU Treaty and the assessment of its operation;
       3.     the institutional consequences of enlargement negotiations of the Union;
       4.     interinstitutional relations, including, in view of their approval by Parliament,
              examination of interinstitutional agreements pursuant to Rule 120(2) of the
              Rules of Procedure;
       5.     uniform electoral procedure;
       6.     political parties at European level, without prejudice to the competences of the
              Bureau;
       7.     the determination of the existence of a serious and persistent breach by a
              Member State of the principles common to the Member States;
       8.     the interpretation and application of the Rules of Procedure and proposals for
              amendments thereto.

             XIX. Committee on Women's Rights and Gender Equality
Committee responsible for:
       1.     the definition, promotion and protection of women's rights in the Union and
              related Community measures;
       2.     the promotion of women's rights in third countries;
       3.     equal opportunities policy, including equality between men and women with
              regard to labour market opportunities and treatment at work;
       4.     the removal of all forms of discrimination based on sex;
       5.     the implementation and further development of gender mainstreaming in all
              policy sectors;
       6.     the follow-up and implementation of international agreements and conventions
              involving the rights of women;
       7.     information policy on women.



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                                      XX. Committee on Petitions
     Committee responsible for:
             1.       petitions;
             2.       relations with the European Ombudsman.";




     3. Decides that this decision will enter into force on the first day of the first part-session of the
        seventh parliamentary term;

     4. Instructs its President to forward this decision to the Council and the Commission, for
        information.




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P6_TA-PROV(2009)0349

Interparliamentary delegations, delegations to joint interparliamentary
committees and delegations to parliamentary cooperation committees and
multilateral parliamentary assemblies
European Parliament decision of 6 May 2009 on the number of interparliamentary
delegations, delegations to joint parliamentary committees, delegations to parliamentary
cooperation committees and multilateral Parliamentary Assemblies


The European Parliament,

– having regard to the proposal by the Conference of Presidents,

– having regard to Rules 188 and 190 of its Rules of Procedure,

– having regard to the association, cooperation and other agreements concluded by the Union
  with non-EU countries,

– anxious to strengthen parliamentary democracy by pursuing a continuous interparliamentary
  dialogue,

1.   Decides that the number of delegations and their regional groupings shall be as follows:

(a) Europe, Western Balkans and Turkey

Delegations to the:

– EU-Croatia Joint Parliamentary Committee

– EU-Former Yugoslav Republic of Macedonia Joint Parliamentary Committee

– EU-Turkey Joint Parliamentary Committee

Delegation for relations with Switzerland, Iceland and Norway and to the European Economic
Area (EEA) Joint Parliamentary Committee

Delegation for relations with Albania, Bosnia and Herzegovina, Serbia, Montenegro and
Kosovo

(b) Russia, the Eastern Partnership States, Central Asia and Mongolia

Delegation to the EU-Russia Parliamentary Cooperation Committee

Delegation to the EU-Ukraine Parliamentary Cooperation Committee

Delegation to the EU-Moldova Parliamentary Cooperation Committee

Delegation for relations with Belarus



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     Delegation to the EU-Armenia, EU-Azerbaijan and EU-Georgia Parliamentary Cooperation
     Committees

     Delegation to the EU-Kazakhstan, EU-Kyrgyzstan and EU-Uzbekistan Parliamentary
     Cooperation Committees, and for relations with Tajikistan, Turkmenistan and Mongolia

     (c) Maghreb, Mashreq, Israel and Palestine

     Delegations for relations with:

     – Israel

     – the Palestinian Legislative Council

     – the Maghreb countries and the Arab Maghreb Union

     – the Mashreq countries

     (d) The Arab Peninsula, Iraq and Iran

     Delegations for relations with:

     – the Arab Peninsula

     – Iraq

     – Iran

     (e) The Americas

     Delegations for relations with:

     – the United States

     – Canada

     – the countries of Central America

     – the countries of the Andean Community

     – Mercosur

     Delegation to the EU-Mexico Joint Parliamentary Committee

     Delegation to the EU-Chile Joint Parliamentary Committee

     (f) Asia/Pacific

     Delegations for relations with:

     – Japan

     – the People's Republic of China


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– India

– Afghanistan

– the countries of South Asia

– the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN)

– the Korean Peninsula

– Australia and New Zealand

(g) Africa

Delegations for relations with:

– South Africa

– the Pan-African Parliament

(h) Multilateral Assemblies

Delegation to the ACP-EU Joint Parliamentary Assembly

Delegation to the Euro-Mediterranean Parliamentary Assembly

Delegation to the Euro-Latin American Parliamentary Assembly

Delegation to the Euronest Parliamentary Assembly

Delegation for relations with the NATO Parliamentary Assembly

(which will consist of members of the Subcommittee on Security and Defence);

2(a). Decides that the membership of EPA Parliamentary Committees shall be drawn
      exclusively from the Committee on International Trade and the Committee on
      Development – ensuring the maintenance of the leading role of the Committee on
      International Trade as the committee responsible – and that they should actively
      coordinate their work with the ACP-EU Joint Parliamentary Assembly (JPA);

2(b). Decides that the membership of the Euromed, Eurolat and Euronest Parliamentary
      Assemblies shall be drawn exclusively from the bilateral or sub-regional delegations
      covered by each Assembly;

3.    Recalls the decision of the Conference of Presidents to establish a Euronest Parliamentary
      Assembly associating the European Parliament with the Parliaments of Ukraine,
      Moldova, Belarus, Armenia, Azerbaijan and Georgia; decides, as regards Belarus, that
      the Conference of Presidents will submit proposals with regard to the representation of
      Belarus in the Euronest Parliamentary Assembly;

4.    Decides that the Conference of Delegation Chairmen should draw up a draft annual
      calendar, to be adopted by the Conference of Presidents after consulting the Committee


                                                                                  PE 426.182\ 15


                                                                                                   EN
           on Foreign Affairs, the Committee on Development and the Committee on International
           Trade, on the understanding, however, that the Conference of Presidents may modify the
           calendar in order to respond to political events;

     5.    Decides that the political groups and non-attached Members shall appoint permanent
           substitutes to serve on each type of delegation and that the number of those substitutes
           may not exceed the number of full members representing the groups or non-attached
           Members;

     6.    Decides to intensify cooperation with and consultation of the committees concerned by
           delegation work by organising joint meetings between these bodies in its usual places of
           work;

     7.    Will endeavour to ensure at the practical level that one or more committee
           rapporteurs/chairs may likewise take part in the proceedings of delegations, parliamentary
           cooperation committees, joint parliamentary committees and multilateral Parliamentary
           Assemblies; and decides that the President, at the joint request of the chairmen of the
           delegation and committee concerned, shall authorise missions of this type;

     8.    Decides that this decision will enter into force at the first part-session of the seventh
           parliamentary term;

     9.    Instructs its President to forward this decision to the Council and the Commission.




     16 /PE 426.182


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P6_TA-PROV(2009)0350

CFP: repeal of Directive 83/515/EEC and 11 obsolete Decisions *
European Parliament legislative resolution of 6 May 2009 on the proposal for a Council
decision repealing Directive 83/515/EEC and 11 obsolete decisions in the field of the
Common Fisheries Policy (COM(2009)0088 – C6-0094/2009 – 2009/0022(CNS))


(Consultation procedure)

The European Parliament,

– having regard to the Commission proposal to the Council (COM(2009)0088),

– having regard to Article 37, Article 300(2) and the first subparagraph of Article 300(3) of
  the EC Treaty, pursuant to which the Council consulted Parliament (C6-0094/2009),

– having regard to Rule 51 and Rule 43(1) of its Rules of Procedure,

– having regard to the report of the Committee on Fisheries (A6-0203/2009),

1. Approves the Commission proposal;

2. Calls on the Council to notify Parliament if it intends to depart from the text approved by
   Parliament;

3. Asks the Council to consult Parliament again if it intends to amend the Commission
   proposal substantially;

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




                                                                                    PE 426.182\ 17


                                                                                                     EN
     P6_TA-PROV(2009)0351

     CFP: repeal of 14 obsolete Regulations *
     European Parliament legislative resolution of 6 May 2009 on the proposal for a Council
     regulation repealing 14 obsolete Regulations in the field of the Common Fisheries Policy
     (COM(2009)0089 – C6-0095/2009 – 2009/0024(CNS))


     (Consultation procedure)

     The European Parliament,

     – having regard to the Commission proposal to the Council (COM(2009)0089),

     – having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted
       Parliament (C6-0095/2009),

     – having regard to Rule 51 and Rule 43(1) of its Rules of Procedure,

     – having regard to the report of the Committee on Fisheries (A6-0202/2009),

     1. Approves the Commission proposal;

     2. Calls on the Council to notify Parliament if it intends to depart from the text approved by
        Parliament;

     3. Asks the Council to consult Parliament again if it intends to amend the Commission
        proposal substantially;

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




     18 /PE 426.182


EN
P6_TA-PROV(2009)0352

Support for rural development by the European Agricultural Fund for Rural
Development (EAFRD) *
European Parliament legislative resolution of 6 May 2009 on the proposal for a Council
regulation amending Regulation (EC) No 1698/2005 on support for rural development by
the European Agricultural Fund for Rural Development (EAFRD) (COM(2009)0038 –
C6-0051/2009 – 2009/0011(CNS))


(Consultation procedure)

The European Parliament,

– having regard to the Commission proposal to the Council (COM(2009)0038),

– having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council
  consulted Parliament (C6-0051/2009),

– having regard to Rule 51 of its Rules of Procedure,

– having regard to the report of the Committee on Agriculture and Rural Development and the
  opinions of the Committee on Regional Development and the Committee on Budgets
  (A6-0259/2009),

1. Approves the Commission proposal as amended;

2. Acknowledges that there are uncertainties concerning the availability of margins under
   heading 2; emphasises that the financing of the economic recovery plan should not put at
   risk future needs within that category of expenditure; expresses its preference for using the
   margins of the budget years that are coming to an end;

3. Recalls that the annual amount will be decided within the annual budgetary procedure, in
   accordance with the provisions of point 38 of the Interinstitutional Agreement of 17 May
   20061;

4. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the
   EC Treaty;

5. Calls on the Council to notify Parliament if it intends to depart from the text approved by
   Parliament;

6. Asks the Council to consult Parliament again if it intends to amend the Commission
   proposal substantially;

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



1
    OJ C 139, 14.6.2006, p. 1.

                                                                                    PE 426.182\ 19


                                                                                                     EN
     Amendment 1

     Proposal for a regulation – amending act
     Recital 1 a (new)

           Text proposed by the Commission                        Amendment

                                                   (1a) Financing of the European economic
                                                   recovery plan should be carried out in
                                                   accordance with the provisions of the
                                                   Interinstitutional Agreement of 17 May
                                                   2006 between the European Parliament,
                                                   the Council and the Commission on
                                                   budgetary discipline and sound financial
                                                   management1.
                                                   ____________
                                                   1
                                                   OJ C 139, 14.6.2006, p. 1

     Amendment 2

     Proposal for a regulation – amending act
     Recital 1 b (new)

           Text proposed by the Commission                        Amendment

                                                   (1b) The current margins in heading 2
                                                   cannot be taken for granted and any
                                                   agreement on the economic recovery plan
                                                   should not put at risk future needs within
                                                   any category of expenditure.

     Amendment 3

     Proposal for a regulation – amending act
     Recital 2

           Text proposed by the Commission                        Amendment

     (2) Of the above amount, EUR 1.5 billion      (2) Of the above amount,
     should be made available to all Member        EUR 1 020 million should be made
     States via the European Agricultural Fund     available to all Member States via the
     for Rural Development (EAFRD) with a          European Agricultural Fund for Rural
     view to developing broadband internet in      Development (EAFRD) with a view to
     rural areas and to strengthening the          developing broadband internet in rural
     operations related to the priorities laid     areas and to strengthening the operations
     down in Article 16a(1)(a) to (f) of Council   related to the priorities laid down in
     Regulation (EC) No 1698/2005                  Article 16a(1)(a) to (f) of Council
     (hereinafter "new challenges").               Regulation (EC) No 1698/2005
                                                   (hereinafter "new challenges"). Of this
                                                   amount, EUR 850 million should be

     20 /PE 426.182


EN
                                               available in 2009, while EUR 170 million
                                               should be secured through a
                                               compensation mechanism in the context
                                               of the conciliation on the 2010 budget and
                                               should be available in 2010.

Amendment 4

Proposal for a regulation – amending act
Recital 2 a (new)

     Text proposed by the Commission                           Amendment

                                               (2a) The budgetary authority increased
                                               the 2009 budget line for rural
                                               development by EUR 249 840 000. These
                                               additional funds should be made available
                                               for the measures financed under the
                                               EAFRD in the European Economic
                                               Recovery Plan.

Amendment 5

Proposal for a regulation – amending act
Recital 4

     Text proposed by the Commission                           Amendment

(4) In order to ensure that the breakdown      (4) In order to ensure that the breakdown
of the additional Community contribution       of the additional Community contribution
in each Member State is used consistently      in each Member State is used consistently
with the objectives of the two policy          with the objectives of the two policy
packages (new challenges and broadband         packages (new challenges and broadband
internet), Member States should specify in     internet), Member States should specify in
their national strategy plans the indicative   their national strategy plans the indicative
amount, resulting from the compulsory          amount, resulting from the compulsory
modulation together with the unused funds      modulation together with the unused funds
generated under Article 136 of Regulation      generated under Article 136 of Regulation
(EC) No … and the increase of the global       (EC) No … and the increase of the global
commitments as laid down by Council            commitments as laid down by Council
Decision 2006/493/EC as amended by             Decision 2006/493/EC as amended by
Decision ……. These amounts will be             Decision ……. These amounts will be
devoted to broadband internet                  devoted to broadband internet
infrastructure in rural areas on the one       infrastructure in rural areas, to the "new
hand and to the "new challenges" on the        challenges", and to other measures aimed
other.                                         at improving take-up of the funds and
                                               creating new jobs.




                                                                               PE 426.182\ 21


                                                                                                EN
     Amendment 6

     Proposal for a regulation – amending act
     Recital 4 a (new)

           Text proposed by the Commission                           Amendment

                                                     (4a) In order to increase the take-up of
                                                     their programmes, Member States may
                                                     use the additional resources for a
                                                     guarantee and loan fund.

     Amendment 7

     Proposal for a regulation – amending act
     Recital 6

           Text proposed by the Commission                           Amendment

     (6) The Conclusions of the European             (6) The Conclusions of the European
     Council of 12 December 2008 record the          Council of 12 December 2008 record the
     European Council's supports under the           European Council's supports under the
     EERP, in particular, developing broadband       EERP, in particular, developing broadband
     internet, including in areas that are poorly    internet, including in areas that are poorly
     served. Because rural areas often suffer        served. Because rural areas often suffer
     from insufficient internet access, support      from insufficient internet access, support
     for broadband infrastructures in rural areas    for broadband infrastructures and related
     should be strengthened under the support        facilities in rural areas should be
     of EAFRD. Given the importance of this          strengthened under the support of EAFRD.
     priority, Member States should provide in       Given the importance of this priority,
     their programmes for operations related to      Member States should provide in their
     this priority by the end of 2009. A list of     programmes for operations related to this
     types of operations related to broadband        priority by the end of 2009. A list of types
     infrastructures should be established in        of operations related to broadband
     order to allow Member States to identify        infrastructures and facilities should be
     the relevant operations in the context of the   established in order to allow Member
     legal framework for rural development.          States to identify the relevant operations in
                                                     the context of the legal framework for rural
                                                     development.

     Amendment 8

     Proposal for a regulation – amending act
     Recital 10

           Text proposed by the Commission                           Amendment

     (10) Rural areas often lack broadband           (10) Rural areas often lack broadband
     infrastructure both small and larger scale.     infrastructure both small and larger scale.
     The latter may be crucial for serving less      The latter is crucial for serving less


     22 /PE 426.182


EN
accessible rural areas. In order to ensure       accessible rural areas such as islands and
the most effective use of available              mountain regions. In order to ensure the
resources and to allow a substantive             most effective use of available resources
development of the broadband internet in         and existing infrastructure, and to allow a
rural areas, the pertinent operations should     substantive development of the broadband
be considered eligible without limitation in     internet and facilities in rural areas, the
the size of the related infrastructure.          pertinent operations should be considered
Therefore, the existing limitation in size for   eligible without limitation in the size of the
infrastructure in basic services for             related active or passive infrastructure or
economy and rural population should not          part thereof. Therefore, the existing
apply to the operations related to               limitation in size for infrastructure in basic
broadband infrastructures.                       services for economy and rural population
                                                 should not apply to the operations related
                                                 to broadband infrastructures.

Amendment 9

Proposal for a regulation – amending act
Recital 11 a (new)

     Text proposed by the Commission                             Amendment

                                                 (11a) Given the need for rapid reaction to
                                                 the current economic crisis, it is
                                                 appropriate to provide for payments which
                                                 can be made in budget year 2009.

Amendment 10

Proposal for a regulation – amending act
Recital 13 a (new)

     Text proposed by the Commission                             Amendment

                                                 (13a) Member States should make sure
                                                 that specific information is available to
                                                 regional and local authorities and
                                                 potential beneficiaries on the new
                                                 opportunities offered by the revised rural
                                                 development programmes.

Amendment 11

Proposal for a regulation – amending act
Recital 13 b (new)

     Text proposed by the Commission                             Amendment

                                                 (13b) Special measures for the provision
                                                 of educational and training courses on

                                                                                  PE 426.182\ 23


                                                                                                   EN
                                                   the use of broadband infrastructures and
                                                   facilities in rural communities should be
                                                   established, with special attention to the
                                                   vocational training of agricultural
                                                   specialists, whose practical skills could
                                                   then be utilised. In that respect,
                                                   stimulation of the research sector should
                                                   be considered a priority.

     Amendment 12

     Proposal for a regulation – amending act
     Article 1 – point 3
     Regulation (EC) No 1698/2005
     Article 16a – paragraph 1 – point g

           Text proposed by the Commission                         Amendment

     (g) broadband internet infrastructure in      (g) broadband internet infrastructure in
     rural areas.                                  rural areas and facilities for public
                                                   internet access in rural communities;

     Amendment 13

     Proposal for a regulation – amending act
     Article 1 – point 3
     Regulation (EC) No 1698/2005
     Article 16a – paragraph 1 – point g a (new)

           Text proposed by the Commission                         Amendment

                                                   (ga) economic-crisis management in the
                                                   agricultural sector, principally to provide
                                                   support for infrastructures and to create a
                                                   network of producers and organisations;

     Amendment 14

     Proposal for a regulation – amending act
     Article 1 – point 3
     Regulation (EC) No 1698/2005
     Article 16a – paragraph 1 – point g b (new)

           Text proposed by the Commission                         Amendment

                                                   (gb) measures to preserve or create jobs in
                                                   rural areas;

     Amendment 15


     24 /PE 426.182


EN
Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1698/2005
Article 16a – paragraph 1 – point g c (new)

     Text proposed by the Commission                             Amendment

                                                 (gc) support measures for young farmers.

Amendment 16

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 1698/2005
Article 16a – paragraph 3 – point b

     Text proposed by the Commission                             Amendment

(b) a table setting out, for the period from 1   (b) a table setting out, for the period from
January 2009 to 31 December 2013, the            1 January 2009 to 31 December 2013, the
total Community contribution for types of        total Community contribution for types of
operations referred to in points (a) to (f) of   operations referred to in points (a) to (f)
paragraph 1 and the Community                    and (ga) to (gc) of paragraph 1 and the
contribution for types of operations             Community contribution for types of
referred to in point (g) of paragraph 1.         operations referred to in point (g) of
                                                 paragraph 1.

Amendment 17

Proposal for a regulation – amending act
Article 1 – point 6 – subpoint a
Regulation (EC) No 1698/2005
Article 69 – paragraph 2a

     Text proposed by the Commission                             Amendment

"2a. The part of the amount referred to in       "2a. The part of the amount referred to in
paragraph 1 of this Article resulting from       paragraph 1 of this Article resulting from
the increase of the global commitments as        the increase of the global commitments as
laid down by Council Decision                    laid down by Council Decision
2006/493/EC as amended by Decision               2006/493/EC as amended by Decision
…… shall be available as from 1 January          …… as well as the amount of
2009. It shall be devoted to types of            EUR 249 840 000 added to budget line
operations related to priorities laid down in    05 04 05 01 in budget year 2009 shall be
Article 16a(1) and it shall be spent as          available as from 1 January 2009. They
follows:                                         shall be devoted to types of operations
                                                 related to priorities laid down in Article
                                                 16a(1)."
(a) one third (EUR 0.5 billion) on types of


                                                                                 PE 426.182\ 25


                                                                                                  EN
     operations related to priorities laid down
     in Article 16a(1)(a) to (f);
     (b) two thirds (EUR 1 billion) on types of
     operations related to priority laid down in
     Article 16a(1)(g)."

     Amendment 18

     Proposal for a regulation – amending act
     Article 1 – point 6 – subpoint aa (new)
     Regulation (EC) No 1698/2005
     Article 69 – paragraph 4

           Text proposed by the Commission                               Amendment

                                                          (aa) In paragraph 4, the following
                                                          subparagraph is added:
                                                          "For the amount referred to in paragraph
                                                          2a(b), the Commission shall take into
                                                          account the differences in existing
                                                          broadband coverage in the Member
                                                          States, particularly in areas where access
                                                          is difficult, and the different needs
                                                          resulting therefrom.".

     Amendment 19

     Proposal for a regulation – amending act
     Article 1 – point 6 – subpoint b
     Regulation (EC) No 1698/2005
     Article 69 – paragraph 5a – subparagraph 1 a (new)

           Text proposed by the Commission                               Amendment

                                                          The Commission's annual report on rural
                                                          development shall contain a section
                                                          dealing specifically with monitoring
                                                          operations connected with the priorities
                                                          listed in Article 16a(1)(g).

     Amendment 20

     Proposal for a regulation – amending act
     Article 1 – point 6 – subpoint b
     Regulation (EC) No 1698/2005
     Article 69 – paragraph 5 b




     26 /PE 426.182


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     Text proposed by the Commission                            Amendment

5b. If, at the closure of the programme, the    5b. If, at the closure of the programme, the
actual amount of Community contribution         actual amount of Community contribution
spent on the operations referred to in          spent on the operations referred to in
Article 16a(1) is lower than the total of the   Article 16a(1) is lower than the total of the
amounts referred to in paragraph 5a of this     amounts referred to in paragraph 5a of this
Article, the difference shall be reimbursed     Article, the difference shall be
by the Member State to the general budget       incorporated by the Member State into its
of the European Communities up to the           agricultural development budget up to the
amount by which the total allocations           amount by which the total allocations
available for operations other than those       available for operations other than those
referred to in Article 16a(1) have been         referred to in Article 16a(1) have been
exceeded.                                       exceeded.
In addition, if, at the closure of the
programme, the actual amount of
Community contribution spent on the
operations referred to in Article 16a(1)(a)
to (f) is lower than the amount referred to
in paragraph 5a of this Article for those
types of operations, the difference shall be
reimbursed by the Member State to the
general budget of the European
Communities up to the amount by which
the allocations available for operations
referred to in Article 16a(1)(g) have been
exceeded. However, if the actual amount
of Community contribution spent on the
operations other than those referred to in
Article 16a(1) is lower than the
allocations available for those types of
operations, the amount to be reimbursed
shall be reduced of that difference.
In parallel, if at the closure of the
programme, the actual amount of
Community contribution spent on the
operations referred to in Article 16a(1)(g)
is lower than the amount referred to in
paragraph 5a of this Article for those
types of operations, the difference shall be
reimbursed by the Member State to the
general budget of the European
Communities up to the amount by which
the allocations available for operations
referred to in Article 16a(1)(a) to (f) have
been exceeded. However, if the actual
amount of Community contribution spent
on the operations other than those

                                                                                PE 426.182\ 27


                                                                                                 EN
     referred to in Article 16a(1) is lower than
     the allocations available for those types of
     operations, the amount to be reimbursed
     shall be reduced of that difference.".

     Amendment 21

     Proposal for a regulation – amending act
     Article 1 – point 6 – subpoint ba (new)
     Regulation (EC) No 1698/2005
     Article 69 – paragraph 6 a (new)

           Text proposed by the Commission                          Amendment

                                                    (ba) The following paragraph is added:
                                                    "6a. From the amount referred to in
                                                    paragraph 2a, EUR 250 million shall be
                                                    made available for payments in budget
                                                    year 2009.".

     Amendment 22

     Proposal for a regulation – amending act
     Article 2 – point 6 a (new)
     Regulation (EC) No 1698/2005
     Article 69 a (new)

           Text proposed by the Commission                          Amendment

                                                    (6a) The following Article is inserted:
                                                                   " Article 69a
                                                            Guarantee and loan funds
                                                    Notwithstanding the provisions of
                                                    Article 69, Member States can use the
                                                    amount referred to in Article 69(2a) for
                                                    guarantee and loan funds. For the
                                                    implementation of this Article, the
                                                    provisions of Commission Regulation
                                                    (EC) No 1974/2006 of 15 December 2006
                                                    laying down detailed rules for the
                                                    application of Council Regulation (EC)
                                                    No 1698/2005 on support for rural
                                                    development by the European
                                                    Agricultural Fund for Rural Development
                                                    (EAFRD)1, and in particular Articles 50,
                                                    51 and 52 thereof, shall apply.
                                                    _________


     28 /PE 426.182


EN
                                               1
                                               OJ L 368, 23.12.2006, p. 15."

Amendment 23

Proposal for a regulation – amending act
Article 1 – point 7
Regulation (EC) No 1698/2005
Article 70 – paragraph 4 – subparagraph 2

     Text proposed by the Commission                           Amendment

"Notwithstanding the ceilings set out in       "Notwithstanding the ceilings set out in
paragraph 3, the EAFRD contribution may        paragraph 3, the EAFRD contribution may
be increased to 90 % for convergence and       be increased to 100 % for convergence and
to 75% for non-convergence regions for         to 75% for non-convergence regions for
the operations of the types referred to in     the operations of the types referred to in
Article 16a(1) of this Regulation, up to the   Article 16a(1) of this Regulation, up to the
amount resulting from the application of       amount resulting from the application of
the compulsory modulation under                the compulsory modulation under
Article 9(4) and Article 10(3) of              Article 9(4) and Article 10(3) of
Regulation (EC) No …, the amount               Regulation (EC) No …, the amount
referred to in Article 69(2a) of this          referred to in Article 69(2a) of this
Regulation and, as from 2011, the amounts      Regulation and, as from 2011, the amounts
generated under Article 136 of                 generated under Article 136 of
Regulation (EC) No ….";                        Regulation (EC) No ….";

Amendment 24

Proposal for a regulation – amending act
Article 1 – point 8 a (new)
Regulation (EC) No 1698/2005
Article 76 – paragraph 2 a (new)

     Text proposed by the Commission                           Amendment

                                               (8a) In Article 76, the following
                                               paragraph is added:
                                               "2a. Member States shall provide specific
                                               information with regard to the new
                                               priorities outlined in Article 16a. Such
                                               information shall be provided for the
                                               benefit of regional and local authorities
                                               and potential beneficiaries of the
                                               measures.".

Amendment 25




                                                                               PE 426.182\ 29


                                                                                                EN
     Proposal for a regulation – amending act
     Annex
     Regulation (EC) No 1698/2005
     Annex III – Title

           Text proposed by the Commission                          Amendment

     List with types of operations related to the   Indicative list with types of operations
     priority under Article 16a(1)(g)               related to the priority under
                                                    Article 16a(1)(g)

     Amendment 26

     Proposal for a regulation – amending act
     Annex
     Regulation (EC) No 1698/2005
     Annex III – column 1 – line 1

           Text proposed by the Commission                          Amendment

     Creation of new broadband infrastructure       Creation of new broadband infrastructure
     including backhaul facilities (e.g. fixed,     including backhaul facilities and ground
     terrestrial wireless, satellite-based or       equipment (e.g. fixed, terrestrial wireless,
     combination of technologies)                   satellite-based or combination of
                                                    technologies) and other necessary forms
                                                    of support (e.g. installation and
                                                    maintenance)

     Amendment 27

     Proposal for a regulation – amending act
     Annex
     Regulation (EC) No 1698/2005
     Annex III – line 3 a (new)

           Text proposed by the Commission                          Amendment

                                                    Providing public access to broadband
                                                    facilities
                                                    Article 56: basic services for the economy
                                                    and rural population




     30 /PE 426.182


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P6_TA-PROV(2009)0353

The petitions process (amendment of Title VIII of the Rules of Procedure)
European Parliament decision of 6 May 2009 on revision of the Rules of Procedure with
regard to the petitions process (2006/2209(REG))


The European Parliament,

– having regard to the letter from its President of 20 July 2006,

– having regard to Rules 201 and 202 of its Rules of Procedure,

– having regard to the report of the Committee on Constitutional Affairs and the opinion of
  the Committee on Petitions (A6-0027/2009),

1. Decides to amend its Rules of Procedure as shown below;

2. Points out that the amendments will enter into force on the first day of the next part-session,
   with the exception of the amendment concerning Rule 193a (new), which will enter into
   force on the first day after the entry into force of the relevant Treaty provision;

3. Instructs its President to forward this decision to the Council and the Commission, for
   information.



Amendment 1

Parliament's Rules of Procedure
Rule 191 – paragraph 2 a (new)

                 Present text                                        Amendment

                                                    2a. Where a petition is signed by several
                                                    natural or legal persons, the signatories
                                                    shall designate a representative and
                                                    deputy representatives who shall be
                                                    regarded as the petitioners for the
                                                    purposes of implementation of this Title.
                                                    Where no such designation has occurred
                                                    the first signatory or another appropriate
                                                    person shall be regarded as the
                                                    petitioners.

Amendment 2

Parliament's Rules of Procedure
Rule 191 – paragraph 2 b (new)

                                                                                     PE 426.182\ 31


                                                                                                      EN
                      Present text                                   Amendment

                                                     2b. Each petitioner may at any time
                                                     withdraw support for the petition.
                                                     After withdrawal of support by all the
                                                     petitioners the petition shall become null
                                                     and void.

     Amendment 3

     Parliament's Rules of Procedure
     Rule 191 – paragraph 3

                      Present text                                   Amendment

     3. Petitions must be written in one of the      3. Petitions must be written in an official
     official languages of the European Union.       language of the European Union.
     Petitions written in any other language will    Petitions written in any other language will
     be considered only where the petitioner has     be considered only where the petitioner has
     attached a translation or summary drawn         attached a translation in an official
     up in an official language of the European      language. Parliament's correspondence
     Union. The translation or summary shall         with the petitioner shall employ the official
     form the basis of Parliament's work.            language in which the translation is drawn
     Parliament's correspondence with the            up.
     petitioner shall employ the official
     language in which the translation or
     summary is drawn up.
                                                     The Bureau may decide that petitions and
                                                     correspondence with petitioners may be
                                                     drafted in other languages used in a
                                                     Member State.

     Amendment 4

     Parliament's Rules of Procedure
     Rule 191 – paragraph 5

                      Present text                                   Amendment

     5. Petitions entered in the register shall be   5. Petitions entered in the register shall be
     forwarded by the President to the               forwarded by the President to the
     committee responsible, which shall first        committee responsible, which shall first
     ascertain whether the petitions registered      establish the admissibility or otherwise of
     fall within the sphere of activities of the     the petition in accordance with Article
     European Union.                                 194 of the EC Treaty.
                                                     If the committee responsible fails to reach
                                                     a consensus on the admissibility of the


     32 /PE 426.182


EN
                                             petition, it shall be declared admissible at
                                             the request of at least one quarter of the
                                             members of the committee.

Amendment 5

Parliament's Rules of Procedure
Rule 191 – paragraph 6

                Present text                                 Amendment

6. Petitions declared inadmissible by the    6. Petitions declared inadmissible by the
committee shall be filed; the petitioner     committee shall be filed; the petitioner
shall be informed of the decision and the    shall be informed of the decision and the
reasons therefor.                            reasons therefor. Where possible,
                                             alternative means of redress may be
                                             recommended.

Amendment 6

Parliament's Rules of Procedure
Rule 191 – paragraph 7

                Present text                                 Amendment

7. In such cases the committee may           deleted
suggest to the petitioner that he contact
the competent authority of the Member
State concerned or of the European
Union.

Amendment 7

Parliament's Rules of Procedure
Rule 191 – paragraph 8

                Present text                                 Amendment

8. Unless the petitioner asks for it to be   8. Petitions, once registered, shall as a
treated in confidence, it shall be entered   general rule become public documents,
in a public register.                        and the name of the petitioner and the
                                             contents of the petition may be published
                                             by Parliament for reasons of
                                             transparency.

Amendment 8

Parliament's Rules of Procedure
Rule 191 – paragraph 8 a (new)


                                                                             PE 426.182\ 33


                                                                                              EN
                      Present text                     Amendment

                                       8a. Notwithstanding the provisions
                                       contained in paragraph 8, the petitioner
                                       may request that his or her name be
                                       withheld in order to protect his or her
                                       privacy, in which case Parliament must
                                       respect such a request.
                                       Where the petitioner's complaint cannot
                                       be investigated for reasons of anonymity,
                                       the petitioner shall be consulted as to the
                                       further steps to be taken.

     Amendment 9

     Parliament's Rules of Procedure
     Rule 191 – paragraph 8 b (new)

                      Present text                     Amendment

                                       8b. The petitioner may request that his or
                                       her petition be treated confidentially, in
                                       which case suitable precautions will be
                                       taken by Parliament to ensure that the
                                       contents are not made public. The
                                       petitioner will be informed under which
                                       precise conditions this provision is to
                                       apply.

     Amendment 10

     Parliament's Rules of Procedure
     Rule 192 – paragraph -1 (new)

                      Present text                     Amendment

                                       -1. Admissible petitions shall be
                                       considered by the committee responsible
                                       in the course of its normal activity, either
                                       through discussion at a regular meeting
                                       or by written procedure. Petitioners may
                                       be invited to participate in meetings of the
                                       committee if their petition is to be the
                                       subject of discussion, or they may request
                                       to be present. The right to speak shall be
                                       granted to petitioners at the discretion of
                                       the chair.



     34 /PE 426.182


EN
Amendment 11

Parliament's Rules of Procedure
Rule 192 – paragraph 1

                Present text                                   Amendment

1. The committee responsible may decide        1. The committee may, with regard to an
to draw up a report or otherwise express its   admissible petition, decide to draw up an
opinion on petitions it has declared           own-initiative report in accordance with
admissible.                                    Rule 45(1) or submit a short motion for a
                                               resolution to Parliament, provided that
                                               there is no objection by the Conference of
                                               Presidents. Such motions for resolutions
                                               shall be placed on the draft agenda of the
                                               part-session held no later than eight
                                               weeks after their adoption in committee.
                                               They shall be put to a single vote and
                                               shall also be without debate unless the
                                               Conference of Presidents exceptionally
                                               decides to apply Rule 131a.
The committee may, particularly in the         The committee may request opinions from
case of petitions which seek changes in        other committees that have specific
existing law, request opinions from other      responsibility for the issue under
committees pursuant to Rule 46.                consideration pursuant to Rule 46 and
                                               Annex VI.

Amendment 12

Parliament's Rules of Procedure
Rule 192 – paragraph 2

                Present text                                   Amendment

2. An electronic register shall be set up in   2. An electronic register shall be set up in
which citizens may lend their support to       which citizens may lend or withdraw their
the petitioner, appending their own            support to the petitioner, appending their
electronic signature to petitions which have   own electronic signature to petitions which
been declared admissible and entered in the    have been declared admissible and entered
register.                                      in the register.

Amendment 13

Parliament's Rules of Procedure
Rule 192 – paragraph 3

                Present text                                   Amendment

3. When considering petitions or               3. When investigating petitions,
establishing facts, the committee may          establishing facts or seeking solutions the

                                                                               PE 426.182\ 35


                                                                                                EN
     organise hearings of petitioners or general   committee may organise fact-finding visits
     hearings or dispatch members to establish     to the Member State or region concerned
     the facts of the situation in situ.           by the petition.
                                                   Reports on the visits shall be drafted by
                                                   their participants. They shall be
                                                   forwarded to the President after approval
                                                   by the committee.

     Amendment 14

     Parliament's Rules of Procedure
     Rule 192 – paragraph 4

                      Present text                                Amendment

     4. With a view to preparing its opinions,     4. The committee may request assistance
     the committee may request the                 from the Commission, notably through
     Commission to submit documents, to            information on the application of
     supply information and to grant it access     Community law or compliance therewith,
     to its facilities.                            as well as by supplying any information or
                                                   documents relevant to the petition.
                                                   Representatives of the Commission shall
                                                   be invited to attend meetings of the
                                                   committee.

     Amendment 15

     Parliament's Rules of Procedure
     Rule 192 – paragraph 5

                      Present text                                Amendment

     5. The committee shall, where necessary,      5. The committee may request the
     submit motions for resolutions to             President to forward its opinion or
     Parliament on petitions which it has          recommendation to the Commission, the
     considered.                                   Council or the Member State authority
                                                   concerned for action or response.
     The committee may also request that its
     opinions be forwarded by the President to
     the Commission or the Council.

     Amendment 16

     Parliament's Rules of Procedure
     Rule 192 – paragraph 7

                      Present text                                Amendment

     7. The President shall inform petitioners     7. The petitioner shall be informed of the

     36 /PE 426.182


EN
of the decisions taken and the reasons   decision taken by the committee and given
therefor.                                the reasons justifying the decision.
                                         When consideration of an admissible
                                         petition has been concluded, it shall be
                                         declared closed and the petitioner
                                         informed.

Amendment 17

Parliament's Rules of Procedure
Rule 193 a (new)

               Present text                             Amendment

                                                         Rule 193 a
                                                     Citizens' initiative
                                         When Parliament is informed that the
                                         Commission has been invited to submit a
                                         proposal for a legal act under Article
                                         11(4) of the EU Treaty, the Committee on
                                         Petitions shall ascertain whether this is
                                         likely to affect its work and, if need be,
                                         shall inform those petitioners who have
                                         addressed a petition on related subjects.




                                                                            PE 426.182\ 37


                                                                                             EN
     P6_TA-PROV(2009)0354

     Amendment of the Interinstitutional Agreement of 17 May 2006
     European Parliament resolution of 6 May 2009 on the amended proposal for a decision of
     the European Parliament and of the Council amending the Interinstitutional Agreement
     of 17 May 2006 on budgetary discipline and sound financial management as regards the
     multiannual financial framework (2007-2013) (COM(2009)0171 – C6-0508/2008 –
     2008/2332(ACI))


     The European Parliament,

     – having regard to the amended Commission proposal to the European Parliament and the
       Council (COM(2009)0171),

     – having regard to the Interinstitutional Agreement of 17 May 2006 between the European
       Parliament, the Council and the Commission on budgetary discipline and sound financial
       management1 (IIA of 17 May 2006), and in particular to Points 21, 22 and 23 thereof,

     – having regard to its resolution of 25 March 2009 on the Mid-term Review of the 2007-2013
       Financial Framework2 and of 10 March 2009 on Guidelines for the 2010 budget procedure3
       ,

     – having regard to the Conclusions of the Trialogue held on 2 April 2009,

     – having regard to the report of the Committee on Budgets (A6-0278/2009),

     1. Approves the conclusions of the Trialogue of 2 April 2009;

     2. Stresses that the agreement reached on the revision of the multiannual financial framework
        is the result of successful interinstitutional cooperation in responding to the financial and
        economic crisis that Member States are experiencing, through the promotion of solidarity in
        the energy resources field and the promotion of broadband in rural areas as well as the
        support to the agriculture sector;

     3. Recalls that with this agreement the Parliament, in its double capacity of legislative and
        budgetary authority, has protected its existing priorities, as it did during the 2008 budgetary
        procedure when an agreement on Galileo financing was reached;

     4. Agrees to the political compromise which provides for a compensation mechanism planned
        for the 2010 budgetary procedure, as well as - but only if necessary - for the 2011 budgetary
        procedure; recalls that, as stated in the Joint Declaration adopted by the European
        Parliament, the Council and the Commission during Trilogue on 2 April 2009, the
        compensation mechanism will be without prejudice to the financial envelopes of the co-
        decided programmes and the annual budgetary procedure and will be financed by using all
        budgetary means available in the budgetary legal framework;

     1
         OJ C 139, 14.6.2006, p. 1.
     2
         Texts adopted, TA_P6(2009)0174.
     3
         Texts adopted, TA_P6(2009)0095 and 0096.

     38 /PE 426.182


EN
5. Reiterates that deficits and leftovers are still unresolved from the outcome of the
   negotiations of the IIA of 17 May 2006 and that these deficits should be addressed in the
   2008-2009 mid-term review, as provided for in Declaration 3 of the IIA of 17 May 2006, as
   well as in the course of the annual budgetary procedures, if possible through more flexibility
   and in any case by all means foreseen by the IIA of 17 May 2006; recalls, as stated by
   Parliament in its unilateral declaration during Trilogue on 2 April 2009, that the
   Commission should take on board during the mid-term review process the principles laid
   down in its resolution adopted on 25 March 2009;

6. Cautions against the regular use of margins under heading 2 to finance other headings, since
   this could jeopardise the interests of the agricultural sector, in light of unexpected decreases
   in market prices;

7. Regrets that the agreement with the Council was reached only two months before the end of
   parliamentary term, leaving less space for the negotiations, and regrets that this put the
   institutions under pressure, even if in the usual climate of loyal cooperation;

8. Approves the decision annexed to this resolution;

9. Instructs its President to sign the decision with the President of the Council and arrange for
   its publication in the Official Journal of the European Union;

10 Instructs its President to forward this resolution, including its annex, to the Council and the
   Commission.




                                                                                     PE 426.182\ 39


                                                                                                      EN
                                                                                                    ANNEX


             DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                 of 6 May 2009


      amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and
     sound financial management as regards the multiannual financial framework (2007-2013)




     THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

     Having regard to the Interinstitutional Agreement between the European Parliament, the
     Council and the Commission of 17 May 2006 on budgetary discipline and sound financial
     management1, and in particular to Points 21, 22, first and second paragraphs, and 23 thereof,

     Having regard to the proposal from the Commission,

     Whereas:

     (1)     At the trilogue meeting of 2 April 2009 the European Parliament, the Council and the
             Commission have agreed on the financing, in the framework of the European Economic
             Recovery Plan for modernisation of infrastructures and energy solidarity, of projects in
             the field of energy and broadband internet, as well as for strengthening operations
             related to the "new challenges" defined in the context of the assessment of the 2003
             mid-term reform of the Common Agricultural Policy ("Health Check"). The financing
             requires, as a first step, a revision of the multiannual financial framework 2007-2013 in
             accordance with Points 21, 22, and 23 of the Interinstitutional Agreement, so as to raise
             the ceiling for the year 2009 for commitment appropriations under sub-heading 1a by an
             amount of EUR 2 000 000 000 in current prices.

     (2)     The increase of the ceiling for sub-heading 1a will be fully offset by decreasing the
             ceiling for commitment appropriations under heading 2 for the year 2009 by EUR
             2000 000 000.

     (3)     In order to keep an appropriate relationship between commitments and payments, the
             annual ceilings for payment appropriations will be adjusted. The adjustment will be
             neutral.

     (4)     Annex I of the Interinstitutional Agreement on budgetary discipline and sound financial
             management should therefore be amended accordingly2,


     1
           OJ C 139, 14.6.2006, p. 1.
     2
           For that purpose, the figures resulting from the above agreement are converted into 2004 prices.

     40 /PE 426.182


EN
HAVE DECIDED AS FOLLOWS:

                                         Sole Article
Annex I to the Interinstitutional Agreement on budgetary discipline and sound financial
management is replaced by the Annex to this Decision.


Done at Strasbourg,



For the European Parliament                For the Council
The President                              The President




                                                                                  PE 426.182\ 41


                                                                                                   EN
    FINANCIAL FRAMEWORK 2007-2013 REVISED FOR EUROPEAN ECONOMIC
    RECOVERY PLAN (CONSTANT 2004 PRICES)


                                                                                            (EUR million - constant 2004 prices)

             COMMITMENT APPROPRIATIONS                                            2007           2008            2009              2010     2011
 1. Sustainable growth                                                             50 865         53 262         55 883            54 860    55 400
   1a Competitiveness for growth and employment                                     8 404          9 595         12 021            11 000    11 306
   1b Cohesion for growth and employment                                           42 461         43 667         43 862            43 860    44 094
 2. Preservation and Management of Natural Resources                               51 962         54 685         52 205            53 379    52
   of which: market-related expenditure and direct payments                        43 120         42 697         42 279            41 864    41 453

 3. Citizenship, freedom, security and justice                                      1 199          1 258          1 380             1 503     1 645
   3a Freedom, Security and Justice                                                   600            690            790              910      1 050
   3b Citizenship                                                                     599            568            590              593

 4. EU as a global player                                                           6 199          6 469          6 739             7 009     7 339
                    (1)
 5. Administration                                                                  6 633          6 818          6 973             7 111     7 255
 6. Compensation                                                                      419            191            190

                             TOTAL COMMITMENT APPROPRIATIONS                      117 277        122 683        123 370        123 862      124 167
                                                   as a percentage of GNI          1,08%           1,09%          1,07%            1,05%     1,03%


                                  TOTAL PAYMENT APPROPRIATIONS                    115 142        119 805        110 439        119 126      116 552
                                                   as a percentage of GNI          1,06%           1,06%          0,96%            1,01%     0,97%
                                                          Margin available         0,18%           0,18%          0,28%            0,23%     0,27%
                          Own Resources Ceiling as a percentage of GNI             1,24%           1,24%          1,24%            1,24%     1,24%


(1) The expenditure on pensions included under the ceiling for this heading is calculated net of the staff contributions to
the relevant scheme, within the limit of EUR 500 million at 2004 prices for the period 2007-2013.



    P6_TA-PROV(2009)0355

    Draft amending budget No 4/2009
    European Parliament resolution of 6 May 2009 on Draft amending budget No 4/2009 of
    the European Union for the financial year 2009, Section III – Commission (9126/2009 –
    C6-0156/2009 – 2009/2039(BUD))


    The European Parliament,

    – having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

    – having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the
      Financial Regulation applicable to the general budget of the European Communities1, and
      particularly Articles 37 and 38,


    1
           OJ L 248, 16.9.2002, p. 1.

                                                                                                              PE 426.182\ 43


                                                                                                                                   EN
     – having regard to the general budget of the European Union for the financial year 2009, as
       finally adopted on 18 December 20081,

     – having regard to the Interinstitutional Agreement of 17 May 2006 between the European
       Parliament, the Council and the Commission on budgetary discipline and sound financial
       management2,

     – having regard to Preliminary draft amending budget No 4/2009 of the European Union for
       the financial year 2009, which the Commission presented on 8 April 2009
       (SEC(2009)0496),

     – having regard to Draft amending budget No 4/2009, which the Council established on 27
       April 2009 (9126/2009 – C6-0156/2009),

     – having regard to Rule 69 of and Annex IV to its Rules of Procedure,

     – having regard to the report of the Committee on Budgets (A6-0281/2009),

     A. whereas Draft amending budget No 4 to the general budget 2009 covers the revision of the
        ceilings of the multiannual financial framework for Headings 1a and 2,

     B. whereas the purpose of Draft amending budget No 4/2009 is to formally enter these
        budgetary adjustments into the 2009 budget,

     1. Takes note of Preliminary draft amending budget No 4/2009;

     2. Approves Draft amending budget No 4/2009 unamended;

     3. Instructs its President to forward this resolution to the Council and the Commission.




     1
          OJ L 69, 13.3.2009.
     2
          OJ C 139, 14.6.2006, p. 1.

     44 /PE 426.182


EN
P6_TA-PROV(2009)0356

Draft amending budget No 5/2009
European Parliament resolution of 6 May 2009 on Draft amending budget No 5/2009 of
the European Union for the financial year 2009, Section III – Commission (9127/2009 –
C6-0157/2009 – 2009/2040(BUD))


The European Parliament,

– having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

– having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the
  Financial Regulation applicable to the general budget of the European Communities1, and
  particularly Articles 37 and 38,

– having regard to the general budget of the European Union for the financial year 2009, as
  finally adopted on 18 December 20082,

– having regard to the Interinstitutional Agreement of 17 May 2006 between the European
  Parliament, the Council and the Commission on budgetary discipline and sound financial
  management3,

– having regard to Preliminary draft amending budget No 5/2009 of the European Union for
  the financial year 2009, which the Commission presented on 15 April 2009
  (COM(2009)0177),

– having regard to Draft amending budget No 5/2009, which the Council established on 27
  April 2009 (9127/2009 – C6-0157/2009),

– having regard to Rule 69 of and Annex IV to its Rules of Procedure,

– having regard to the report of the Committee on Budgets (A6-0282/2009),

A. whereas Draft amending budget No 5 to the general budget 2009 covers the budgeting of
   the surplus resulting from the implementation of the budget for the year 2008,

B. whereas the purpose of Draft amending budget No 5/2009 is to formally enter these
   budgetary adjustments into the 2009 budget,

1. Takes note of Preliminary draft amending budget No 5/2009;

2. Approves Draft amending budget No 5/2009 unamended;

3. Instructs its President to forward this resolution to the Council and the Commission.


1
    OJ L 248, 16.9.2002, p. 1.
2
    OJ L 69, 13.3.2009.
3
    OJ C 139, 14.6.2006, p. 1.

                                                                                   PE 426.182\ 45


                                                                                                    EN
     46 /PE 426.182


EN
P6_TA-PROV(2009)0357

Energy labelling of televisions
European Parliament resolution of 6 May 2009 on the draft Commission directive
implementing and amending Council Directive 92/75/EEC with regard to energy labelling
of televisions


The European Parliament,

– having regard to Council Directive 92/75/EEC of 22 September 1992 on the indication by
  labelling and standard product information of the consumption of energy and other
  resources by household appliances1, and in particular Articles 9 and 12 thereof,

– having regard to the draft Commission directive implementing and amending Council
  Directive 92/75/EEC with regard to energy labelling of televisions,

– having regard to the opinion delivered on 30 March 2009 by the committee referred to in
  Article 10 of Council Directive 92/75/EEC,

– having regard to the Commission Communication of 19 October 2006 entitled 'Action Plan
  for Energy Efficiency: Realising the Potential' (COM(2006)0545),

– having regard to the Commission proposal of 13 November 2008 for a directive of the
  European Parliament and of the Council on the indication by labelling and standard product
  information of the consumption of energy and other resources by energy-related products
  (COM(2008)0778),

– having regard to its position of 5 May 2009 on the proposal for a directive of the European
  Parliament and of the Council on the indication by labelling and standard product
  information of the consumption of energy and other resources by energy-related products
  (recast)2

– having regard to Article 5a(3)(b) of Council Decision 1999/468/EC of 28 June 1999 laying
  down the procedures for the exercise of implementing powers conferred on the
  Commission3,

– having regard to Rule 81(2) and (4)(b) of its Rules of Procedure,

A. whereas the main aim of Directive 92/75/EEC (the Framework Directive), as stated in
   Article 1 thereof, is to 'enable the harmonisation of national measures on the publication,
   particularly by means of labelling and of product information, of information on the
   consumption of energy and of other essential resources, and additional information
   concerning certain types of household appliances, thereby allowing consumers to choose
   more energy-efficient appliances',


1
    OJ L 297, 13.10.1992, p. 16.
2
    Texts adopted, P6_TA(2009)0345.
3
    OJ L 184, 17.7.1999, p. 23.

                                                                                    PE 426.182\ 47


                                                                                                     EN
     B. whereas the Framework Directive also states that 'the provision of accurate, relevant and
        comparable information on the specific energy consumption of household appliances may
        influence the public's choice in favour of those appliances which consume less energy',

     C. whereas, as pointed out in the Commission Impact Assessment accompanying the proposal
        for a directive of the European Parliament and of the Council on the indication by labelling
        and standard product information of the consumption of energy and other resources by
        energy-related products (SEC(2008)2862), the original, successful A-G label has been
        followed as a model in different countries around the world, such as Brazil, China,
        Argentina, Chile, Iran, Israel and South Africa,

     D. whereas televisions are high energy consuming appliances and consequently there is
        considerable potential for saving energy by adding this category to the energy labelling
        scheme under Article 1(2) of the Framework Directive,

     E. whereas the energy labelling of televisions should be as consistent as possible with the
        established energy labelling schemes for other household appliances,

     F. whereas it is stated in the above-mentioned Commission Communication that 'the existing
        labelling classifications will be upgraded and re-scaled every 5 years or when new
        technological developments justify it, based on eco-design studies, with a view to reserve
        A-label status for the top 10-20 % best performing equipment',

     G. whereas it is essential for the successful implementation of the energy labelling scheme to
        introduce measures that will provide information on the energy efficiency of household
        appliances that is clear, comprehensive, comparable and easily understandable to the
        consumer,

     H. whereas the consumer purchasing of greater numbers of efficient appliances in place of less
        efficient appliances would increase the revenues of appliance manufacturers,

     I. whereas the draft Commission directive, in particular as regards the energy label design and
        energy efficiency classes, introduces another change by adding new A classes (A-20%, A-
        40%, A-60%, for example) which have the potential to confuse consumers further, to
        hamper their proper understanding of the energy labelling scheme and to undermine their
        ability to choose appliances with higher energy efficiency,

     J. whereas a small number of technical adjustments to the label could result in a label which
        would be much clearer and more understandable to consumers,

     K. whereas evidence shows that consumers find the A-G scale clear, but the Commission has
        not conducted any impact assessment to show whether A-20%, A-40%, A-60% alongside
        empty lower classes is helpful or misleading for consumers,

     L. whereas re-scaling the existing products in a closed A-G scale would, in particular, prevent
        the creation of empty lower classes that may mislead consumers,

     M. whereas the introduction of these additional efficiency classes on existing A-G labels,
        including for other products, is likely to add to confusion about whether class A represents
        an efficient or an inefficient product,



     48 /PE 426.182


EN
N. whereas such a measure does not serve the aim of the basic instrument in providing
   accurate, relevant and comparable information to consumers,

O. whereas the Commission has put forward its proposal for a recast of the Framework
   Directive which could introduce further changes that would have an effect on the proposed
   implementing measures,

1. Opposes the adoption of the draft Commission directive implementing and amending
   Council Directive 92/75/EEC with regard to energy labelling of televisions;

2. Considers that the draft Commission directive is not compatible with the aim of the basic
   instrument;

3. Calls on the Commission to withdraw the draft directive and to submit a new one, based on
   a closed A-G scale, to the committee referred to in Article 10 of Council Directive
   92/75/EEC as soon as possible, and in any case no later than 30 September 2009;

4. Considers the label layout an essential element of the energy labelling directive, which
   should be decided as part of the revision and recast currently being considered under the
   codecision procedure.

5. Instructs its President to forward this resolution to the Council and the Commission, and to
   the governments and the parliaments of the Member States.




                                                                                   PE 426.182\ 49


                                                                                                    EN
     P6_TA-PROV(2009)0358

     Non-State actors and local authorities in development
     European Parliament resolution of 6 May 2009 on the draft Commission decision
     establishing the 2009 Annual Action Programme for Non-State Actors and Local
     Authorities in Development (Part II: Targeted Projects)
     The European Parliament,

     – having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the
       Council of 18 December 2006 establishing a financing instrument for development
       cooperation1, and in particular Article 14(1)(b) thereof,

     – having regard to the draft Commission decision establishing the 2009 Annual Action
       Programme for Non-State Actors and Local Authorities in Development (Part II: Targeted
       Projects) (CMTD(2009)0387 – D004766/01),

     – having regard to the opinion delivered on 15 April 2009 by the committee referred to in
       Article 35(1) of Regulation (EC) No 1905/2006 ('the Development Cooperation Instrument
       (DCI) management committee'),

     – having regard to the 'General Evaluation of Actions to Raise Public Awareness of
       Development Issues in Europe / Development Education' (EC Reference No 2007/146962.
       Final Report)2,

     – having regard to its resolution of 13 March 2008 on the challenge of EU development
       cooperation policy for the new Member States3,

     – having regard to Article 8 of Council Decision 1999/468/EC of 28 June 1999 laying down
       the procedures for the exercise of implementing powers conferred on the Commission4,

     – having regard to Rule 81 of its Rules of Procedure,

     A. whereas, on 15 April 2009, the DCI management committee voted by written procedure in
        favour of the draft 2009 Annual Action Programme for Non-State Actors and Local
        Authorities in Development (Part II: Targeted Projects) (CMTD(2009)0387 – D004766/01),

     B. whereas, pursuant to Article 7(3) of Decision 1999/468/EC and Article 1 of the Agreement
        of 3 June 2008 between the European Parliament and the Commission on procedures for
        implementing Council Decision 1999/468/EC, Parliament received the draft implementing
        measures submitted to the DCI management committee and the results of the voting,

     C. whereas Article 14(1)(b) of Regulation (EC) No 1905/2006 stipulates that one of the
        objectives of the thematic programme on non-State actors and local authorities in
        development is to 'increase the level of awareness of the European citizen regarding

     1
          OJ L 378, 27.12.2006, p. 41.
     2
          http://ec.europa.eu/europeaid/where/worldwide/civil-society/documents/de-ar_evaluation2008.pdf
     3
          Texts adopted, P6_TA(2008)0097.
     4
          OJ L 184, 17.7.1999, p. 23.

     50 /PE 426.182


EN
    development issues and mobilise active public support in the Community and acceding
    countries for poverty reduction and sustainable development strategies in partner countries',

D. whereas concerns were raised by 11 Member States in a 'Joint Statement of Member States
   on DCI Non-State Actors and Local Authorities', sent to the Commission on 19 March
   2009, about the Commission's intention to stop the direct financing ('targeted projects'
   procedure) of the TRIALOG and DEEEP1 projects, which has been ongoing since 1998 and
   2003 respectively, and instead oblige them to participate in a 'call for proposals',

E. whereas the 'Joint Statement' of the 11 Member States, including 9 'new' Member States,
   warns that the timing of the Commission's plan to discontinue direct support for TRIALOG
   and DEEEP is 'most inconvenient', 'taking into account the current financial situation in
   many of the 'new' Member States and the effects that it has on the NGOs' capability to
   function and to develop', and expressing concern that 'a gap in financing may occur which
   will harm these projects by causing the loss of qualified staff as well as know-how and
   already established networks',

F. whereas similar concerns were raised by the Chairman of the Committee on Development in
   a letter of 19 March 2009, pointing out that 'information and capacity building in the field of
   development cooperation in the new Member States, and development education for the
   European public have been constant priorities for the committee', and requesting the
   Commission to provide Parliament 'with the objective and transparent criteria on which it
   decides which activities and projects qualify for direct financing', and further requesting that
   'the implementation of this proposed measure be delayed by at least one year in order to
   avoid possible funding gaps and putting at risk the very survival of these very useful
   projects',

G. whereas the above-mentioned 'General Evaluation of Actions to Raise Public Awareness of
   Development Issues in Europe / Development Education' concludes that 'the strategic use of
   targeted projects has helped to achieve the objectives of the "Co-financing with European
   Development NGOs" programme' and that 'DEEEP has been an important coordination
   mechanism for increasing dialogue, promoting exchanges of best practice and building
   networks and partnerships at EU level and between national platforms and the EU', and
   further that 'the contribution of TRIALOG in improving dialogue and building capacity in
   its work with new Member States and accession states has been effective',

H. whereas the TRIALOG programme contributes to meeting the need, highlighted in
   Parliament's resolution of 13 March 2008 on the challenge of EU development cooperation
   policy for the new Member States, for an overall communication and education strategy to
   remedy the lack of public recognition of development cooperation priorities in the new
   Member States, and the DEEEP programme responds to its call for increased development
   education and awareness raising in European education mentioned in the same resolution,

I. whereas, under the above-mentioned 2009 Annual Action Programme, the Commission also
   proposes to allocate a direct grant for a project on 'Strengthening Cuban Managerial
   Capabilities', to be implemented by the European Foundation of Management Development;
   whereas, under the DCI Thematic Programme for Non-State Actors and Local Authorities
   in Development, the targeted project procedure has never previously been used for activities

1
     DEEEP: 'Development Education Exchange in Europe' - http://www.deeep.org/
     TRIALOG: 'Development NGOs in the enlarged EU' - http://www.trialog.or.at/start.asp?ID=96

                                                                                     PE 426.182\ 51


                                                                                                      EN
         in partner countries,

     J. whereas the Commission subsequently released an 'Explanatory note for the DCI NSA-LA
        committee'1, in which it clarifies the selection criteria for targeted actions, explaining that
        these are based on Article 168 of the Implementing rules of the Financial Regulation2, and
        that grants may, in particular, be awarded 'to bodies with a de jure or de facto monopoly'
        and 'for actions with specific characteristics that require a particular type of body on account
        of its technical competence, its high degree of specialisation or its administrative power',

     1. Opposes the adoption of the draft Commission decision establishing the 2009 Annual
        Action Programme for Non-State Actors and Local Authorities in Development (Part II:
        Targeted Projects) (CMTD(2009)0387 – D004766/01) in its current form;

     2. Requests the Commission to clarify the criteria for determining the existence of a 'de jure or
        de facto monopoly' situation, given that, in their 'Joint Statement', the 11 Member States
        mention that, from the perspective of the 'new' Member States, a 'de facto monopoly'
        situation still exists with respect to the Europe-wide activities carried out by Trialog and
        DEEEP;

     3. Insists on open, transparent and horizontal application of the criteria for awarding direct
        grants for targeted projects in order to ensure a level playing field for all; insists, therefore,
        that the same criteria be applied for Trialog, DEEEP and the project on 'Strengthening
        Cuban Managerial Capabilities';

     4. Insists that uninterrupted funding be assured, through a strategic, Europe-wide programme,
        for the valuable activities of promoting exchanges of best practice, and building networks
        and partnerships at EU level and between national platforms and the EU, and for improving
        dialogue and building capacity in the work with 'new' Member States and accession states;

     5. Invites the Commission to engage in a dialogue with Parliament in the context of its
        forthcoming review3 of the system of calls for proposals for the Thematic Programmes;
        considers it to be inappropriate to anticipate any recommendations for modifications or
        improvements of the system that may result from the review; calls, therefore, for existing
        arrangements on directly funded actions to be left unchanged for a 12-month period, and for
        any future changes to reflect the outcome of the review process and to ensure long-term,
        predictable and sustainable development cooperation activities;

     6. Calls on the Commission to adapt its draft decision establishing the 2009 Annual Action
        Programme for Non-State Actors and Local Authorities in Development (Part II: Targeted
        Projects) (CMTD(2009)0387 – D004766/01) in order to include EU-wide projects for
        raising awareness of development issues in the enlarged EU and for development education
        exchange in the EU;

     7. Instructs its President to forward this resolution to the Council and the Commission, and the
        governments and parliaments of the Member States.

     1
          AIDCO/F1/NC D(2009) of 6.4.2009 (D004766-01-EN-02).
     2
          Commission Regulation No 2342/2002 of 23 December 2002 laying down detailed rules for the
          implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation
          applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p. 1).
     3
          The 'Palermo II process'.

     52 /PE 426.182


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PE 426.182\ 53


                 EN
     P6_TA-PROV(2009)0359

     General revision of the Rules of Procedure
     European Parliament decision of 6 May 2009 on the general revision of Parliament's
     Rules of Procedure (2007/2124(REG))


     The European Parliament,

     – having regard to Rules 201 and 202 of its Rules of Procedure,

     – having regard to the report of the Committee on Constitutional Affairs (A6-0273/2009),

     1. Decides to amend its Rules of Procedure as shown below;

     2. Decides to insert the Code of Conduct for negotiating codecision files, as approved by its
        Conference of Presidents on 18 September 2008, into its Rules of Procedure as Annex
        XVIe;

     3. Decides that the amendments will enter into force on the first day of the seventh
        parliamentary term;

     4. Instructs its President to forward this decision to the Council and the Commission, for
        information.


     Amendment 1

     Parliament's Rules of Procedure
     Rule 9 – paragraph 1 – subparagraph 1

                      Present text                                      Amendment

     1. Parliament may lay down rules                   1. Parliament shall lay down rules
     governing the transparency of its Members'         governing the transparency of its Members'
     financial interests, which shall be attached       financial interests, which shall be attached
     to these Rules of Procedure as an annex.           to these Rules of Procedure as an annex.


     Amendment 2

     Parliament's Rules of Procedure
     Rule 10 a (new)

                      Present text                                      Amendment

                                                                          Rule 10a
                                                                         Observers



     54 /PE 426.182


EN
                                                1. Where a Treaty on the accession of a
                                                State to the European Union has been
                                                signed, the President, after obtaining the
                                                agreement of the Conference of
                                                Presidents, may invite the parliament of
                                                the acceding State to designate from
                                                among its own members a number of
                                                observers equal to the number of future
                                                seats in the European Parliament
                                                allocated to that State.
                                                2. Those observers shall take part in the
                                                proceedings of Parliament pending the
                                                entry into force of the Treaty of
                                                Accession, and shall have a right to speak
                                                in committees and political groups. They
                                                shall not have the right to vote or to stand
                                                for election to positions within
                                                Parliament. Their participation shall not
                                                have any legal effect on Parliament's
                                                proceedings.
                                                3. Their treatment shall be assimilated to
                                                that of a Member of Parliament as
                                                regards the use of Parliament's facilities
                                                and the reimbursement of expenses
                                                incurred in their activities as observers.

Amendment 51
Parliament's Rules of Procedure
Rule 11

                Present text                                    Amendment

              Oldest Member                                  Provisional Chair
1. At the sitting provided for under Rule       1. At the sitting provided for under Rule
127(2), and at any other sitting held for the   127(2), and at any other sitting held for the
purpose of electing the President and the       purpose of electing the President and the
Bureau, the oldest Member present shall         Bureau, the outgoing President or, failing
take the Chair until the President has been     him or her, an outgoing Vice-President in
elected.                                        order of precedence or, failing him or her,
                                                the Member having held office for the
                                                longest period shall take the Chair until the
                                                President has been elected.
2. No business shall be transacted while the    2. No business shall be transacted while the
oldest Member is in the Chair unless it is      Member who is provisionally in the Chair
concerned with the election of the              by virtue of paragraph 1 is in the Chair
President or the verification of credentials.   unless it is concerned with the election of
                                                the President or the verification of


                                                                                 PE 426.182\ 55


                                                                                                  EN
                                                    credentials.
     The oldest Member shall exercise the           The Member who is provisionally in the
     powers of the President referred to in the     Chair by virtue of paragraph 1 shall
     second subparagraph of Rule 3(2). Any          exercise the powers of the President
     other matter relating to the verification of   referred to in the second subparagraph of
     credentials that is raised when the oldest     Rule 3(2). Any other matter relating to the
     Member is in the Chair shall be referred       verification of credentials that is raised
     to the committee responsible for the           when he or she is in the Chair shall be
     verification of credentials.                   referred to the committee responsible for
                                                    the verification of credentials.

     Amendment 52
     Parliament's Rules of Procedure
     Rule 13

                      Present text                                  Amendment

     1. The President shall be elected first.       1. The President shall be elected first.
     Nominations shall be handed before each        Nominations shall be handed before each
     ballot to the oldest Member, who shall         ballot to the Member who is provisionally
     announce them to Parliament. If after three    in the Chair by virtue of Rule 11, who
     ballots no candidate has obtained an           shall announce them to Parliament. If after
     absolute majority of the votes cast, the       three ballots no candidate has obtained an
     fourth ballot shall be confined to the two     absolute majority of the votes cast, the
     Members who have obtained the highest          fourth ballot shall be confined to the two
     number of votes in the third ballot. In the    Members who have obtained the highest
     event of a tie the elder candidate shall be    number of votes in the third ballot. In the
     declared elected.                              event of a tie the elder candidate shall be
                                                    declared elected.
     2. As soon as the President has been           2. As soon as the President has been
     elected, the oldest Member shall vacate the    elected, the Member who is provisionally
     Chair. Only the elected President may          in the Chair by virtue of Rule 11 shall
     deliver an opening address.                    vacate the Chair. Only the elected
                                                    President may deliver an opening address.


     Amendment 3

     Parliament's Rules of Procedure
     Rule 24 – paragraph 4 a (new)

                      Present text                                  Amendment

                                                    4a. The Conference of Presidents shall be
                                                    responsible for organising structured
                                                    consultation with European civil society
                                                    on major topics. This may include the
                                                    organisation of public debates, open to
                                                    participation by interested citizens, on

     56 /PE 426.182


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                                               subjects of general European interest.
                                               The Bureau shall appoint a Vice-
                                               President responsible for the
                                               implementation of such consultations,
                                               who shall report back to the Conference
                                               of Presidents.


Amendment 4

Parliament's Rules of Procedure
Rule 28 – paragraph 2

                Present text                                   Amendment

2. Any Member may ask questions related        2. Any Member may ask questions related
to the work of the Bureau, the Conference      to the work of the Bureau, the Conference
of Presidents and the Quaestors. Such          of Presidents and the Quaestors. Such
questions shall be submitted to the            questions shall be submitted to the
President in writing and published in the      President in writing, notified to Members
Bulletin of Parliament within thirty days      and published on Parliament's website
of tabling, together with the answers given.   within thirty days of tabling, together with
                                               the answers given.



Amendment 5

Parliament's Rules of Procedure
Rule 30 a (new)

                Present text                                   Amendment

                                                                Rule 30a
                                                               Intergroups
                                               Individual Members may form
                                               Intergroups or other unofficial groupings
                                               of Members, to hold informal exchanges
                                               of views on specific issues across different
                                               political groups, drawing on members of
                                               different parliamentary committees, and
                                               to promote contact between Members and
                                               civil society.
                                               Such groupings may not engage in any
                                               activities which might result in confusion
                                               with the official activities of Parliament or
                                               of its bodies. Provided that the conditions
                                               laid down in rules governing their
                                               establishment adopted by the Bureau are

                                                                               PE 426.182\ 57


                                                                                                EN
                                                     respected, political groups may facilitate
                                                     their activities by providing them with
                                                     logistical support. They shall declare any
                                                     external support in accordance with
                                                     Annex I.


     Amendment 6

     Parliament's Rules of Procedure
     Rule 36 – paragraph 1

                      Present text                                   Amendment

     1. Without prejudice to Rule 40, the            1. Without prejudice to Rule 40, the
     committee responsible shall verify the          committee responsible shall verify the
     financial compatibility of any Commission       financial compatibility of any Commission
     proposal, or any other document of a            proposal, or any other document of a
     legislative nature, with the Financial          legislative nature, with the multiannual
     Perspective.                                    financial framework.
                                                     (Horizontal amendment: the words
                                                     "Financial Perspective" shall be replaced
                                                     throughout the entire text of the Rules of
                                                     Procedure by the words "multiannual
                                                     financial framework".)


     Amendment 7

     Parliament's Rules of Procedure
     Rule 39 – paragraph 1

                      Present text                                   Amendment

     1. Parliament may request the Commission,       1. Parliament may request the Commission,
     pursuant to Article 192, second paragraph,      pursuant to Article 192, second paragraph,
     of the EC Treaty, to submit to it any           of the EC Treaty, to submit to it any
     appropriate proposal for the adoption of a      appropriate proposal for the adoption of a
     new act or the amendment of an existing         new act or the amendment of an existing
     act, by adopting a resolution on the basis of   act, by adopting a resolution on the basis of
     an own-initiative report from the               an own-initiative report from the
     committee responsible. The resolution shall     committee responsible. The resolution shall
     be adopted by a majority of the component       be adopted by a majority of the component
     Members of Parliament. Parliament may, at       Members of Parliament in the final vote.
     the same time, fix a deadline for the           Parliament may, at the same time, fix a
     submission of such a proposal.                  deadline for the submission of such a
                                                     proposal.




     58 /PE 426.182


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Amendment 8

Parliament's Rules of Procedure
Rule 45 – paragraph 2

                Present text                                     Amendment

2. Motions for resolutions contained in          2. Motions for resolutions contained in
own-initiative reports shall be examined by      own-initiative reports shall be examined by
Parliament pursuant to the short                 Parliament pursuant to the short
presentation procedure set out in Rule           presentation procedure set out in Rule
131a. Amendments to such motions for             131a. Amendments to such motions for
resolutions shall not be admissible for          resolutions shall only be admissible for
consideration in plenary unless tabled by        consideration in plenary if tabled by the
the rapporteur to take account of new            rapporteur to take account of new
information, but alternative motions for         information or by at least one tenth of the
resolutions may be tabled in accordance          Members of Parliament. Political groups
with Rule 151(4). This paragraph shall not       may table alternative motions for
apply where the subject of the report            resolutions in accordance with Rule
qualifies for a key debate in plenary, where     151(4). This paragraph shall not apply
the report is drawn up pursuant to the right     where the subject of the report qualifies for
of initiative referred to in Rule 38a or 39,     a key debate in plenary, where the report is
or where the report can be considered a          drawn up pursuant to the right of initiative
strategic report according to the criteria set   referred to in Rule 38a or 39, or where the
out by the Conference of Presidents.             report can be considered a strategic report
                                                 according to the criteria set out by the
                                                 Conference of Presidents.


Amendment 9

Parliament's Rules of Procedure
Rule 47 – indent 3

                Present text                                     Amendment

– the chairs, rapporteur and rapporteurs for     – the chairs, rapporteur and rapporteurs for
opinions concerned shall endeavour to            opinions concerned shall jointly identify
jointly identify areas of the text falling       areas of the text falling within their
within their exclusive or joint competences      exclusive or joint competences and agree
and agree on the precise arrangements for        on the precise arrangements for their
their cooperation;                               cooperation. In the event of disagreement
                                                 about the delimitation of competences the
                                                 matter shall be submitted, at the request
                                                 of one of the committees involved, to the
                                                 Conference of Presidents, which may
                                                 decide on the question of the respective
                                                 competences or decide that the procedure
                                                 with joint committee meetings pursuant to
                                                 Rule 47a is to apply; the second and third

                                                                                 PE 426.182\ 59


                                                                                                  EN
                                                   sentences of Rule 179(2) shall apply
                                                   mutatis mutandis;


     Amendment 10

     Parliament's Rules of Procedure
     Rule 47 – indent 4

                      Present text                                 Amendment

     – the committee responsible shall accept      – the committee responsible shall accept
     without a vote amendments from an             without a vote amendments from an
     associated committee where they concern       associated committee where they concern
     matters which the chair of the committee      matters which fall within the exclusive
     responsible considers, on the basis of        competence of the associated committee.
     Annex VI, after consulting the chair of       If amendments on matters which fall
     the associated committee, to fall under the   within the joint competence of the
     exclusive competence of the associated        committee responsible and an associated
     committee and which do not contradict         committee are rejected by the former, the
     other elements of the report. The chair of    latter may table those amendments
     the committee responsible shall take          directly to Parliament;
     account of any agreement reached under
     the third indent;


     Amendment 11

     Parliament's Rules of Procedure
     Rule 47 a (new)

                      Present text                                 Amendment

                                                                     Rule 47a
                                                   Procedure with joint committee meetings
                                                   Where the conditions set out in Rule 46(1)
                                                   and Rule 47 are satisfied, the Conference
                                                   of Presidents may, if it is satisfied that the
                                                   matter is of major importance, decide that
                                                   a procedure with joint meetings of
                                                   committees and a joint vote is to be
                                                   applied. In that event, the respective
                                                   rapporteurs shall draw up a single draft
                                                   report, which shall be examined and voted
                                                   on by the committees involved at joint
                                                   meetings held under the joint
                                                   chairmanship of the committee chairs
                                                   concerned. The committees involved may
                                                   set up inter-committee working groups to

     60 /PE 426.182


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                                                  prepare the joint meetings and votes.


Amendment 12

Parliament's Rules of Procedure
Rule 51 – paragraph 2 – subparagraph 2

                 Present text                                     Amendment

The consultation procedure is concluded if        The first reading is concluded if the draft
the draft legislative resolution is adopted. If   legislative resolution is adopted. If
Parliament does not adopt the legislative         Parliament does not adopt the legislative
resolution, the proposal shall be referred        resolution, the proposal shall be referred
back to the committee responsible.                back to the committee responsible.


Amendment 13

Parliament's Rules of Procedure
Rule 51 – paragraph 3

                 Present text                                     Amendment

3. The text of the proposal as approved by        3. The text of the proposal as approved by
Parliament and the accompanying                   Parliament and the accompanying
resolution shall be forwarded to the              resolution shall be forwarded to the
Council and Commission by the President           Council and Commission by the President
as Parliament's opinion.                          as Parliament's position.
                                                  (Horizontal amendment: in all provisions
                                                  relating to the codecision procedure, the
                                                  words 'Parliament's opinion' shall be
                                                  replaced throughout the entire text of the
                                                  Rules of Procedure by 'Parliament's
                                                  position'.)


Amendment 14

Parliament's Rules of Procedure
Rule 52 – paragraph 1

                 Present text                                     Amendment

1. If a Commission proposal fails to secure       1. If a Commission proposal fails to secure
a majority of the votes cast, the President       a majority of the votes cast or if a motion
shall, before Parliament votes on the draft       for its rejection, which may be tabled by
legislative resolution, request the               the committee responsible or by at least
Commission to withdraw the proposal.              forty Members, has been adopted, the

                                                                                  PE 426.182\ 61


                                                                                                   EN
                                                    President shall, before Parliament votes on
                                                    the draft legislative resolution, request the
                                                    Commission to withdraw the proposal.


     Amendment 15

     Parliament's Rules of Procedure
     Rule 52 – paragraph 2

                      Present text                                  Amendment

     2. If the Commission does so, the President    2. If the Commission does so, the President
     shall hold the consultation procedure on       shall declare the procedure to be closed
     the proposal to be superfluous and shall       and shall inform the Council accordingly.
     inform the Council accordingly.


     Amendment 16

     Parliament's Rules of Procedure
     Rule 52 – paragraph 3

                      Present text                                  Amendment

     3. If the Commission does not withdraw its     3. If the Commission does not withdraw its
     proposal, Parliament shall refer the matter    proposal, Parliament shall refer the matter
     back to the committee responsible without      back to the committee responsible without
     voting on the draft legislative resolution.    voting on the draft legislative resolution,
                                                    unless Parliament, on a proposal of the
                                                    chair or rapporteur of the committee
                                                    responsible or of a political group or at
                                                    least forty Members, proceeds to vote on
                                                    the draft legislative resolution.
     In this case, the committee responsible        In the event of referral back, the
     shall, orally or in writing, report back to    committee responsible shall, orally or in
     Parliament within a period decided by          writing, report back to Parliament within a
     Parliament which may not exceed two            period decided by Parliament which may
     months.                                        not exceed two months.




     Amendment 59
     Parliament's Rules of Procedure
     Rule 65 a (new) (to be introduced under Chapter 6: Conclusion of the Legislative
     Procedure)




     62 /PE 426.182


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               Present text                                   Amendment

                                                               Rule 65a
                                                   Interinstitutional negotiations in
                                                         legislative procedures
                                              1. Negotiations with the other institutions
                                              aimed at reaching an agreement in the
                                              course of a legislative procedure shall be
                                              conducted having regard to the Code of
                                              Conduct for negotiating in the context of
                                              codecision procedures (Annex XVIe).
                                              2. Before entering into such negotiations,
                                              the committee responsible should, in
                                              principle, take a decision by a majority of
                                              its members and adopt a mandate,
                                              orientations or priorities.
                                              3. If the negotiations lead to a
                                              compromise with the Council following
                                              the adoption of the report by the
                                              committee, the committee shall in any
                                              case be re-consulted before the vote in
                                              plenary.


Amendment 18

Parliament's Rules of Procedure
Rule 66

               Present text                                   Amendment

1. Where, pursuant to Article 251(2) of the   Where, pursuant to Article 251(2) of the
EC Treaty, the Council has informed           EC Treaty, the Council has informed
Parliament that it has approved its           Parliament that it has approved
amendments, but not otherwise amended         Parliament's position, the President,
the Commission proposal, or neither           subject to finalisation in accordance with
institution has amended the Commission        Rule 172a, shall announce in Parliament
proposal, the President shall announce in     that the proposal has been adopted in the
Parliament that the proposal has been         wording which corresponds to the position
finally adopted.                              of Parliament.
2. Before making this announcement, the
President shall verify that any technical
adaptations made by the Council to the
proposal do not affect the substance. In
case of doubt, he shall consult the
committee responsible. If any changes
made are considered to be substantive, the

                                                                             PE 426.182\ 63


                                                                                              EN
     President shall inform the Council that
     Parliament will proceed to a second
     reading as soon as the conditions laid
     down in Rule 57 are fulfilled.
     3. After making the announcement
     referred to in paragraph 1, the President
     shall, with the President of the Council,
     sign the proposed act and arrange for its
     publication in the Official Journal of the
     European Union, in accordance with
     Rule 68.


     Amendment 19

     Parliament's Rules of Procedure
     Rule 68 – title

                      Present text                              Amendment

               Signature of adopted acts              Requirements for the drafting of
                                                              legislative acts


     Amendment 20

     Parliament's Rules of Procedure
     Rule 68 – paragraph 1

                      Present text                              Amendment

     1. The text of acts adopted jointly by       deleted
     Parliament and the Council shall be
     signed by the President and by the
     Secretary-General, once it has been
     verified that all the procedures have been
     duly completed.


     Amendment 21

     Parliament's Rules of Procedure
     Rule 68 – paragraph 7

                      Present text                              Amendment

     7. The acts referred to above shall be       deleted
     published in the Official Journal of the
     European Union by the Secretaries-


     64 /PE 426.182


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General of Parliament and the Council.


Amendment 22

Parliament's Rules of Procedure
Rule 68 a (new) (to be introduced in Chapter 6 CONCLUSION OF THE LEGISLATIVE
PROCEDURE after Rule 68)

                Present text                                   Amendment

                                                                Rule 68a
                                                        Signature of adopted acts
                                                After finalisation of the text adopted in
                                                accordance with Rule 172a and once it
                                                has been verified that all the procedures
                                                have been duly completed, acts adopted in
                                                accordance with the procedure laid down
                                                in Article 251 of the EC Treaty shall be
                                                signed by the President and the Secretary-
                                                General and shall be published in the
                                                Official Journal of the European Union
                                                by the Secretaries-General of the
                                                Parliament and of the Council.

Amendment 68
Parliament's Rules of Procedure
Rule 80 a – paragraph 3 – subparagraph 3

     Text proposed by the Commission                           Amendment

However, amendments to the parts which          However, if in accordance with point 8 of
have remained unchanged may be                  the Interinstitutional Agreement the
admitted by way of exception and on a           committee responsible intends also to
case-by-case basis by the chair of the          submit amendments to the codified parts
above committee if he or she considers          of the Commission proposal, it shall
that this is necessary for pressing reasons     immediately notify its intention to the
relating to the internal logic of the text or   Council and to the Commission, and the
because the amendments are inextricably         latter should inform the committee, prior
linked to other admissible amendments.          to the vote pursuant to Rule 50, of its
Such reasons must be stated in a written        position on the amendments and whether
justification to the amendments.                or not it intends to withdraw the recast
                                                proposal.


Amendment 23

Parliament's Rules of Procedure
Rule 83 – paragraph 1

                                                                              PE 426.182\ 65


                                                                                               EN
                      Present text                                Amendment

     1. When it is intended to open negotiations   1. When it is intended to open negotiations
     on the conclusion, renewal or amendment       on the conclusion, renewal or amendment
     of an international agreement, including      of an international agreement, including
     agreements in specific areas such as          agreements in specific areas such as
     monetary affairs or trade, the committee      monetary affairs or trade, the committee
     responsible shall ensure that Parliament is   responsible may decide to draw up a
     fully informed by the Commission about        report or otherwise monitor the procedure
     its recommendations for a negotiating         and inform the Conference of Committee
     mandate, if necessary on a confidential       Chairs of that decision. Where
     basis.                                        appropriate, other committees may be
                                                   asked for an opinion pursuant to
                                                   Rule 46(1). Rules 179(2), 47 or 47a shall
                                                   apply where appropriate.
                                                   The chairs and rapporteurs of the
                                                   responsible committee and, as the case
                                                   may be, of the associated committees shall
                                                   jointly take appropriate action to ensure
                                                   that the Commission provides Parliament
                                                   with full information about the
                                                   recommendations for a negotiating
                                                   mandate, if necessary on a confidential
                                                   basis, as well as with the information
                                                   referred to in paragraphs 3 and 4.


     Amendment 24

     Parliament's Rules of Procedure
     Rule 83 – paragraph 6 a (new)

                      Present text                                Amendment

                                                   6a. Before the vote on the assent is taken,
                                                   the committee responsible, a political
                                                   group or at least one-tenth of the
                                                   Members may propose that Parliament
                                                   seek an opinion from the Court of Justice
                                                   on the compatibility of an international
                                                   agreement with the Treaties. If
                                                   Parliament approves such a proposal, the
                                                   vote on the assent shall be adjourned until
                                                   the Court has delivered its opinion.




     66 /PE 426.182


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Amendment 25

Parliament's Rules of Procedure
Rule 97 – paragraph 3

                 Present text                                      Amendment

3. Parliament shall establish a register of        3. Parliament shall establish a register of
Parliament documents. Legislative                  Parliament documents. Legislative
documents and other documents as                   documents and certain other categories of
indicated in an Annex to these Rules               documents shall, in accordance with
shall, in accordance with Regulation (EC)          Regulation (EC) No 1049/2001, be made
No 1049/2001, be made directly accessible          directly accessible through the register.
through the register. References for other         References for other Parliament documents
Parliament documents shall as far as               shall as far as possible be included in the
possible be included in the register.              register.
Categories of documents which are directly         Categories of documents which are directly
accessible shall be set out in a list adopted      accessible shall be set out in a list adopted
by Parliament and annexed to these                 by the Bureau and published on
Rules. This list shall not restrict the right of   Parliament's website. This list shall not
access to documents not falling under the          restrict the right of access to documents not
categories listed.                                 falling under the categories listed; those
                                                   documents shall be made available on
                                                   written application.
Parliament documents which are not
directly accessible through the register
shall be made available on written
application.
The Bureau may adopt rules, in conformity          The Bureau may adopt rules, in conformity
with Regulation (EC) No 1049/2001,                 with Regulation (EC) No 1049/2001,
laying down arrangements for access                laying down arrangements for access
which shall be published in the Official           which shall be published in the Official
Journal of the European Union.                     Journal of the European Union.
                                                   (Annex XV is deleted)


Amendment 26

Parliament's Rules of Procedure
Rule 103 – paragraph 1

                 Present text                                      Amendment

1. Members of the Commission, Council              1. Members of the Commission, Council
and European Council may at any time ask           and European Council may at any time ask
the President for permission to make a             the President of Parliament for permission


                                                                                   PE 426.182\ 67


                                                                                                    EN
     statement. The President shall decide when       to make a statement. The President of the
     the statement may be made and whether it         European Council shall make a statement
     is to be followed by a full debate or by         after every meeting thereof. The President
     thirty minutes of brief and concise              of Parliament shall decide when the
     questions from Members.                          statement may be made and whether it is to
                                                      be followed by a full debate or by thirty
                                                      minutes of brief and concise questions
                                                      from Members.

     Amendment 60
     Parliament's Rules of Procedure
     Rule 116 – paragraph 1

                      Present text                                     Amendment

     1. Up to five Members may submit a               1. Up to five Members may submit a
     written declaration of not more than             written declaration of not more than
     200 words on a matter falling within the         200 words on a matter within the
     sphere of activities of the European Union.      competences of the European Union and
     Written declarations shall be printed in the     which does not cover issues that are the
     official languages and distributed. They         subject of an ongoing current legislative
     shall be included with the names of the          process. Authorisation shall be given by
     signatories in a register. This register shall   the President on a case-by-case basis.
     be public and shall be maintained outside        Written declarations shall be printed in the
     the entrance to the Chamber during part-         official languages and distributed. They
     sessions and between part-sessions in an         shall be included with the names of the
     appropriate location to be determined by         signatories in a register. This register shall
     the College of Quaestors.                        be public and shall be maintained outside
                                                      the entrance to the Chamber during part-
                                                      sessions and between part-sessions in an
                                                      appropriate location to be determined by
                                                      the College of Quaestors.

     Amendment 27

     Parliament's Rules of Procedure
     Rule 116 – paragraph 3

                      Present text                                     Amendment

     3. Where a declaration is signed by the          3. Where a declaration is signed by the
     majority of Parliament's component               majority of Parliament's component
     Members, the President shall notify              Members, the President shall notify
     Parliament accordingly and publish the           Parliament accordingly and publish the
     names of the signatories in the minutes.         names of the signatories in the minutes and
                                                      the declaration as a text adopted.




     68 /PE 426.182


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Amendment 28

Parliament's Rules of Procedure
Rule 116 – paragraph 4

               Present text                                   Amendment

4. Such a declaration shall, at the end of    4. The procedure shall be closed by the
the part-session, be forwarded to the         transmission to the addressees, at the end
institutions named therein together with      of the part-session, of the declaration,
the names of the signatories. It shall be     together with the names of the signatories.
included in the minutes of the sitting at
which it is announced. Publication in the
minutes shall close the procedure.


Amendment 29

Parliament's Rules of Procedure
Rule 131 a

               Present text                                   Amendment

At the request of the rapporteur or on a      At the request of the rapporteur or on a
proposal of the Conference of Presidents,     proposal of the Conference of Presidents,
Parliament may also decide that an item       Parliament may also decide that an item
not needing a full debate be dealt with by    not needing a full debate be dealt with by
means of a short presentation in plenary by   means of a short presentation in plenary by
the rapporteur. In that event, the            the rapporteur. In that event, the
Commission shall have the opportunity to      Commission shall have the opportunity to
intervene and any Member shall have the       respond, followed by up to ten minutes of
right to react by handing in an additional    debate in which the President may give
written statement pursuant to Rule 142(7).    the floor, for up to one minute each, to
                                              Members who catch his eye.


Amendments 30 and 66

Parliament's Rules of Procedure
Rule 142

               Present text                                   Amendment

       Allocation of speaking time              Allocation of speaking time and list of
                                                               speakers
1. The Conference of Presidents may           1. The Conference of Presidents may
propose to Parliament that speaking time      propose to Parliament that speaking time
be allocated for a particular debate.         be allocated for a particular debate.
Parliament shall decide on this proposal      Parliament shall decide on this proposal


                                                                             PE 426.182\ 69


                                                                                              EN
     without debate.                                  without debate.
                                                      1a. Members may not speak unless called
                                                      upon to do so by the President. Members
                                                      shall speak from their places and shall
                                                      address the Chair. If speakers depart from
                                                      the subject, the President shall call them
                                                      to order.
                                                      1b. The President may draw up, for the
                                                      first part of a particular debate, a list of
                                                      speakers that includes one or more
                                                      rounds of speakers from each political
                                                      group wishing to speak, in the order of
                                                      their size, and one non-attached Member.
     2. Speaking time shall be allocated in           2. Speaking time for this part of a debate
     accordance with the following criteria:          shall be allocated in accordance with the
                                                      following criteria:
     (a) a first fraction of speaking time shall be   (a) a first fraction of speaking time shall be
     divided equally among all the political          divided equally among all the political
     groups;                                          groups;
     (b) a further fraction shall be divided          (b) a further fraction shall be divided
     among the political groups in proportion to      among the political groups in proportion to
     the total number of their members;               the total number of their members;
     (c) the non-attached Members shall be            (c) the non-attached Members shall be
     allocated an overall speaking time based on      allocated an overall speaking time based on
     the fractions allocated to each political        the fractions allocated to each political
     group under subparagraphs (a) and (b).           group under subparagraphs (a) and (b).
     3. Where a total speaking time is allocated      3. Where a total speaking time is allocated
     for several items on the agenda, the             for several items on the agenda, the
     political groups shall inform the President      political groups shall inform the President
     of the fraction of their speaking time to be     of the fraction of their speaking time to be
     used for each individual item. The               used for each individual item. The
     President shall ensure that these speaking       President shall ensure that these speaking
     times are respected.                             times are respected.
                                                      3a. The remaining part of the time for a
                                                      debate shall not be specifically allocated
                                                      in advance. Instead, the President shall
                                                      call on Members to speak, as a general
                                                      rule for no more than one minute. The
                                                      President shall ensure – as far as possible
                                                      – that speakers holding different political
                                                      views and from different Member States
                                                      are heard in turn.
                                                      3b. On request priority may be given to
                                                      the chair or rapporteur of the committee
                                                      responsible and to the chairs of political
                                                      groups who wish to speak on their behalf,

     70 /PE 426.182


EN
                                               or to speakers deputising for them.
                                               3c. The President may give the floor to
                                               Members who indicate, by raising a blue
                                               card, their wish to put to another Member,
                                               during that Member's speech, a question
                                               of no longer than half a minute's
                                               duration, where the speaker agrees and
                                               where the President is satisfied that this
                                               will not lead to a disruption of the debate.
4. No Member may speak for more than           4. No Member may speak for more than
one minute on any of the following: the        one minute on any of the following: the
minutes, procedural motions, amendments        minutes of proceedings, procedural
to the final draft agenda or to the agenda.    motions, amendments to the final draft
                                               agenda or to the agenda.
                                               4a. Without prejudice to his other
                                               disciplinary powers, the President may
                                               cause to be deleted from the verbatim
                                               reports of debates of sittings the speeches
                                               of Members who have not been called
                                               upon to speak or who continue to speak
                                               beyond the time allotted to them.
5. The Commission and Council shall be         5. The Commission and Council shall be
heard in the debate on a report as a rule      heard in the debate on a report as a rule
immediately after its presentation by the      immediately after its presentation by the
rapporteur. The Commission, the Council        rapporteur. The Commission, the Council
and the rapporteur may be heard again, in      and the rapporteur may be heard again, in
particular to respond to the statements        particular to respond to the statements
made by Members.                               made by Members.
6. Without prejudice to Article 197 of the     6. Without prejudice to Article 197 of the
EC Treaty, the President shall seek to reach   EC Treaty, the President shall seek to reach
an understanding with the Commission and       an understanding with the Commission and
Council on appropriate allocation of           Council on appropriate allocation of
speaking time for them.                        speaking time for them.
7. Members who have not spoken in a            7. Members who have not spoken in a
debate may, at most once per part-session,     debate may, at most once per part-session,
hand in a written statement of not more        hand in a written statement of not more
than 200 words that shall be appended to       than 200 words that shall be appended to
the verbatim report of the debate.             the verbatim report of the debate.
                                               (Rules 141 and 143 fall)


Amendment 32

Parliament's Rules of Procedure
Rule 150 – paragraph 6 – subparagraph 2 a (new)



                                                                              PE 426.182\ 71


                                                                                               EN
                      Present text                                 Amendment

                                                   Where fewer than one hundred Members
                                                   are present, Parliament may not decide
                                                   otherwise if at least one tenth of the
                                                   Members present object.


     Amendment 33

     Parliament's Rules of Procedure
     Rule 156

                      Present text                                 Amendment

     When over fifty amendments have been          When more than fifty amendments and
     tabled to a report for consideration in       requests for a split or separate vote have
     Parliament, the President may, after          been tabled to a report for consideration in
     consulting its chair, request the committee   Parliament, the President may, after
     responsible to meet to consider the           consulting its chair, request the committee
     amendments. Any amendment not                 responsible to meet to consider those
     receiving favourable votes at this stage      amendments or requests. Any amendment
     from at least one-tenth of the members of     or request for a split or separate vote not
     the committee shall not be put to the vote    receiving favourable votes at this stage
     in Parliament.                                from at least one-tenth of the members of
                                                   the committee shall not be put to the vote
                                                   in Parliament.



     Amendment 34

     Parliament's Rules of Procedure
     Rule 157 – paragraph 1

                      Present text                                 Amendment

     1. Where the text to be put to the vote       1. Where the text to be put to the vote
     contains two or more provisions or            contains two or more provisions or
     references to two or more points or lends     references to two or more points or lends
     itself to division into two or more parts     itself to division into two or more parts
     each with a distinct logical meaning and      having a distinct meaning and/or
     normative value, a split vote may be          normative value, a split vote may be
     requested by a political group or at least    requested by a political group or at least
     forty Members.                                forty Members.




     72 /PE 426.182


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Amendment 35

Parliament's Rules of Procedure
Rule 159 a (new)

                Present text                                     Amendment

                                                                  Rule 159a
                                                                  Final vote
                                                 When voting on any legislative proposal,
                                                 whether by way of a single and/or final
                                                 vote, Parliament shall vote by roll call
                                                 using the electronic voting system.


Amendment 36

Parliament's Rules of Procedure
Rule 160 – paragraph 1

                Present text                                     Amendment

1. In addition to the cases provided for         1. In addition to the cases provided for
under Rules 99(4) and 100(5), the vote           under Rules 99(4), 100(5) and 159a, the
shall be taken by roll call if so requested in   vote shall be taken by roll call if so
writing by a political group or at least forty   requested in writing by a political group or
Members the evening before the vote              at least forty Members the evening before
unless the President sets a different            the vote unless the President sets a
deadline.                                        different deadline.


Amendment 37

Parliament's Rules of Procedure
Rule 160 – paragraph 2 – subparagraph 1

                Present text                                     Amendment

2. The roll shall be called in alphabetical      2. The roll call vote shall be taken using
order, beginning with the name of a              the electronic voting system. Where the
Member drawn by lot. The President shall         latter cannot be used for technical
be the last to be called to vote.                reasons, the roll shall be called in
                                                 alphabetical order, beginning with the
                                                 name of a Member drawn by lot. The
                                                 President shall be the last to be called to
                                                 vote.




                                                                                 PE 426.182\ 73


                                                                                                  EN
     Amendment 38

     Parliament's Rules of Procedure
     Rule 162 – paragraph 4 – subparagraph 1

                      Present text                                   Amendment

     4. Between two and six Members chosen           4. Between two and eight Members chosen
     by lot shall count the votes cast in a secret   by lot shall count the votes cast in a secret
     ballot.                                         ballot, unless an electronic vote is taken.


     Amendment 39

     Parliament's Rules of Procedure
     Rule 172

                      Present text                                   Amendment

     1. The minutes of each sitting, containing      1. The minutes of each sitting, detailing
     the decisions of Parliament and the names       the proceedings and the decisions of
     of speakers, shall be distributed at least      Parliament and the names of speakers, shall
     half an hour before the beginning of the        be distributed at least half an hour before
     afternoon period of the next sitting.           the beginning of the afternoon period of the
                                                     next sitting.
     In the context of legislative proceedings,      In the context of legislative proceedings,
     any amendments adopted by Parliament            any amendments adopted by Parliament
     are also deemed to be decisions within the      are also deemed to be decisions within the
     meaning of this paragraph, even if the          meaning of this Rule, even if the relevant
     relevant Commission proposal or the             Commission proposal or the Council's
     Council's common position is ultimately         position is ultimately rejected, pursuant to
     rejected, pursuant to Rule 52(1) or Rule        Rule 52(1) or Rule 61(3) respectively.
     61(3) respectively.
     The texts adopted by Parliament shall be
     distributed separately. Where legislative
     texts adopted by Parliament contain
     amendments, they shall be published in a
     consolidated version.
     2. At the beginning of the afternoon period     2. At the beginning of the afternoon period
     of each sitting the President shall place       of each sitting the President shall place
     before Parliament, for its approval, the        before Parliament, for its approval, the
     minutes of the previous sitting.                minutes of the previous sitting.
     3. If any objections are raised to the          3. If any objections are raised to the
     minutes Parliament shall, if necessary,         minutes Parliament shall, if necessary,
     decide whether the changes requested            decide whether the changes requested
     should be considered. No Member may             should be considered. No Member may
     speak on the minutes for more than one          speak on the subject for more than one
     minute.                                         minute.


     74 /PE 426.182


EN
4. The minutes shall be signed by the      4. The minutes shall be signed by the
President and the Secretary-General and    President and the Secretary-General and
preserved in the records of Parliament.    preserved in the records of Parliament.
They shall be published within one month   They shall be published in the Official
in the Official Journal of the European    Journal of the European Union.
Union.


Amendment 40

Parliament's Rules of Procedure
Rule 172 a (new)

               Present text                                Amendment

                                                           Rule 172a
                                                         Texts adopted
                                           1. Texts adopted by Parliament shall be
                                           published immediately after the vote. They
                                           shall be placed before Parliament in
                                           conjunction with the minutes of the
                                           relevant sitting and be preserved in the
                                           records of Parliament.
                                           2. Texts adopted by Parliament shall be
                                           subject to legal-linguistic finalisation
                                           under the responsibility of the President.
                                           Where such texts are adopted on the basis
                                           of an agreement reached between
                                           Parliament and the Council, such
                                           finalisation shall be carried out by the two
                                           institutions acting in close cooperation
                                           and by mutual agreement.
                                           3. The procedure laid down in Rule 204a
                                           shall apply where, in order to ensure the
                                           coherence and the quality of the text in
                                           accordance with the will expressed by
                                           Parliament, adaptations are required
                                           which go beyond corrections of
                                           typological errors or corrections
                                           necessary to ensure the concordance of
                                           all language versions as well as their
                                           linguistic correctness and terminological
                                           consistency.
                                           4. The texts adopted by Parliament under
                                           the procedure laid down in Article 251 of
                                           the EC Treaty shall take the form of a
                                           consolidated text. Where Parliament's
                                           vote was not based on an agreement with

                                                                          PE 426.182\ 75


                                                                                           EN
                                                     the Council, the consolidated text shall
                                                     identify any amendments adopted.
                                                     5. After finalisation, the texts adopted
                                                     shall be signed by the President and the
                                                     Secretary-General and shall be published
                                                     in the Official Journal.


     Amendment 41

     Parliament's Rules of Procedure
     Rule 175

                      Present text                                   Amendment

          Setting up of temporary committees              Setting up of special committees
     On a proposal from the Conference of            On a proposal from the Conference of
     Presidents, Parliament may at any time set      Presidents, Parliament may at any time set
     up temporary committees, whose powers,          up special committees, whose powers,
     composition and term of office shall be         composition and term of office shall be
     defined at the same time as the decision to     defined at the same time as the decision to
     set them up is taken; their term of office      set them up is taken; their term of office
     may not exceed twelve months, except            may not exceed twelve months, except
     where Parliament extends that term on its       where Parliament extends that term on its
     expiry.                                         expiry.
     As the powers, composition and term of          As the powers, composition and term of
     office of temporary committees are              office of special committees are decided at
     decided at the same time as these               the same time as these committees are set
     committees are set up, Parliament cannot        up, Parliament cannot subsequently decide
     subsequently decide to alter their powers       to alter their powers either by increasing
     either by increasing or reducing them.          or reducing them.


     Amendment 42

     Parliament's Rules of Procedure
     Rule 177 – paragraph 1 – interpretation (new)

                      Present text                                   Amendment

                                                     The proportionality among political
                                                     groups must not depart from the nearest
                                                     appropriate whole number. If a group
                                                     decides not to take seats on a committee,
                                                     the seats in question shall remain vacant
                                                     and the committee shall be reduced in size
                                                     by the corresponding number. Exchange
                                                     of seats between political groups may not


     76 /PE 426.182


EN
                                                be allowed.


Amendment 43

Parliament's Rules of Procedure
Rule 179 – paragraph 2

                Present text                                    Amendment

2. Should a standing committee declare          2. Should a standing committee declare
itself not competent to consider a question,    itself not competent to consider a question,
or should a conflict arise over the             or should a conflict arise over the
competence of two or more standing              competence of two or more standing
committees, the question of competence          committees, the question of competence
shall be referred to the Conference of          shall be referred to the Conference of
Presidents within four working weeks of         Presidents within four working weeks of
the announcement in Parliament of referral      the announcement in Parliament of referral
to committee. The Conference of                 to committee. The Conference of
Committee Chairs shall be notified and          Presidents shall take a decision within six
may make a recommendation to the                weeks on the basis of a recommendation
Conference of Presidents. The Conference        from the Conference of Committee Chairs,
of Presidents shall take a decision within      or, if no such recommendation is
six working weeks of the referral of the        forthcoming, from its chair. If the
question of competence. Otherwise the           Conference of Presidents fails to take a
question shall be included for a decision       decision within that period, the
on the agenda for the subsequent part-          recommendation shall be deemed to have
session.                                        been approved.


Amendment 44

Parliament's Rules of Procedure
Rule 179 – paragraph 2 – interpretation (new)

                Present text                                    Amendment

                                                The committee chairs may enter into
                                                agreements with other committee chairs
                                                concerning the allocation of an item to a
                                                particular committee, subject, where
                                                necessary, to the authorisation of a
                                                procedure with associated committees
                                                under Rule 47.


Amendment 45

Parliament's Rules of Procedure
Rule 182 a (new)

                                                                               PE 426.182\ 77


                                                                                                EN
                      Present text                      Amendment

                                                        Rule 182a
                                           Committee coordinators and shadow
                                                      rapporteurs
                                        1. The political groups may designate one
                                        of their members as coordinator.
                                        2. The committee coordinators shall
                                        where necessary be convened by the chair
                                        to prepare decisions to be taken by the
                                        committee, in particular decisions on
                                        procedure and the appointment of
                                        rapporteurs. The committee may delegate
                                        the power to take certain decisions to the
                                        coordinators, with the exception of
                                        decisions concerning the adoption of
                                        reports, opinions or amendments. The
                                        vice-chairs may be invited to participate in
                                        the meetings of committee coordinators in
                                        a consultative role. The coordinators shall
                                        endeavour to find consensus. When
                                        consensus cannot be found, they may act
                                        only by a majority that clearly represents
                                        a large majority of the committee, having
                                        regard to the respective strengths of the
                                        various groups.
                                        3. The political groups may for each
                                        report designate a shadow rapporteur to
                                        follow the progress of the relevant report
                                        and find compromises within the
                                        committee on behalf of the group. Their
                                        names shall be communicated to the
                                        chair. The committee, on a proposal from
                                        the coordinators, may in particular decide
                                        to involve the shadow rapporteurs in
                                        seeking an agreement with the Council in
                                        codecision procedures.


     Amendment 46

     Parliament's Rules of Procedure
     Rule 184

                      Present text                      Amendment

     The minutes of each meeting of a   The minutes of each meeting of a


     78 /PE 426.182


EN
committee shall be distributed to all its     committee shall be distributed to all its
members and submitted to the committee        members and submitted to the committee
for its approval at its next meeting.         for its approval.


Amendment 47

Parliament's Rules of Procedure
Rule 186

                Present text                                 Amendment

Rules 11, 12, 13, 16, 17, 140, 141, 143(1),   Rules 11, 12, 13, 16, 17, 34 to 41, 140,
146, 148, 150 to 153, 155, 157(1), 158,       141, 143(1), 146, 148, 150 to 153, 155,
159, 161, 162, 164 to 167, 170 and 171        157(1), 158, 159, 161, 162, 164 to 167, 170
shall apply mutatis mutandis to committee     and 171 shall apply mutatis mutandis to
meetings.                                     committee meetings.


Amendment 48

Parliament's Rules of Procedure
Rule 188 – paragraph 6 a (new)

                Present text                                 Amendment

                                              6a. The chair of a delegation shall be
                                              given an opportunity to be heard by a
                                              committee when a point is on the agenda
                                              which touches on the field of
                                              responsibility of the delegation. The same
                                              shall apply at meetings of a delegation to
                                              the chair or rapporteur of that committee.


Amendment 49

Parliament's Rules of Procedure
Rule 192 – paragraph 1 a (new)

                Present text                                 Amendment

                                              1a. Where the report deals with, in
                                              particular, the application or
                                              interpretation of the law of the European
                                              Union, or proposed changes to existing
                                              law, the committee responsible for the
                                              subject-matter shall be associated in
                                              accordance with Rule 46(1) and the first
                                              and second indents of Rule 47. The

                                                                             PE 426.182\ 79


                                                                                              EN
                                       committee responsible shall accept
                                       without a vote suggestions for parts of the
                                       motion for a resolution received from the
                                       committee responsible for the subject-
                                       matter which deal with the application or
                                       interpretation of the law of the European
                                       Union or changes to existing law. If the
                                       committee responsible does not accept
                                       such suggestions, the associated
                                       committee may table them directly to
                                       Parliament.


     Amendment 50

     Parliament's Rules of Procedure
     Rule 204 – point c a (new)

                      Present text                    Amendment

                                       (ca) guidelines and codes of conduct
                                       adopted by the relevant bodies of
                                       Parliament (Annexes XVIa, XVIb and
                                       XVIe).




     80 /PE 426.182


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P6_TA-PROV(2009)0360

Electronic communications networks, personal data and the protection of
privacy ***II
European Parliament legislative resolution of 6 May 2009 on the common position
adopted by the Council with a view to the adoption of a directive of the European
Parliament and of the Council amending Directive 2002/22/EC on universal service and
users’ rights relating to electronic communications networks, Directive 2002/58/EC
concerning the processing of personal data and the protection of privacy in the electronic
communications sector and Regulation (EC) No 2006/2004 on cooperation between
national authorities responsible for the enforcement of consumer protection laws
(16497/1/2008 – C6-0068/2009 – 2007/0248(COD))


(Codecision procedure: second reading)

The European Parliament,

– having regard to the Council common position (16497/1/2008 – C6-0068/2009),

– having regard to its position at first reading1 on the Commission proposal to Parliament and
  the Council (COM(2007)0698),

– having regard to the amended Commission proposal (COM(2008)0723),

– having regard to Article 251(2) of the EC Treaty,

– having regard to Rule 62 of its Rules of Procedure,

– having regard to the recommendation for second reading of the Committee on the Internal
  Market and Consumer Protection (A6-0257/2009),

1. Approves the common position as amended;

2. Takes note of the Commission statements annexed to this resolution;

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




1
     Texts adopted, P6_TA(2008)0452.

                                                                                   PE 426.182\ 81


                                                                                                    EN
     P6_TC2-COD(2007)0248

     Position of the European Parliament adopted at second reading on 6 May 2009 with a
     view to the adoption of Directive 2009/.../EC of the European Parliament and of the
     Council amending Directive 2002/22/EC on universal service and users' rights relating to
     electronic communications networks, Directive 2002/58/EC concerning the processing of
     personal data and the protection of privacy in the electronic communications sector and
     Regulation (EC) No 2006/2004 on cooperation between national authorities responsible
     for the enforcement of consumer protection laws

     (Text with EEA relevance)

     [Amendment 103/rev]


     THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

     Having regard to the Treaty establishing the European Community, and in particular Article 95
     thereof,
     Having regard to the proposal from the Commission,
     Having regard to the opinion of the European Economic and Social Committee1,
     Having regard to the opinion of the Committee of the Regions2,
     Having regard to the opinion of the European Data Protection Supervisor3,
     Acting in accordance with the procedure laid down in Article 251 of the Treaty4,
     Whereas:

     (1)        The functioning of the five directives comprising the existing regulatory framework for
                electronic communications networks and services (Directive 2002/19/EC of the
                European Parliament and of the Council of 7 March 2002 on access to, and
                interconnection of, electronic communications networks and associated facilities
                (Access Directive)5, Directive 2002/20/EC of the European Parliament and of the
                Council of 7 March 2002 on the authorisation of electronic communications networks
                and services (Authorisation Directive)6, Directive 2002/21/EC of the European
                Parliament and the Council of 7 March 2002 on a common regulatory framework for
                electronic communications networks and services (Framework Directive)7, Directive


     1
             OJ C 224, 30.8.2008, p. 50.
     2
             OJ C 257, 9.10.2008, p. 51.
     3
             OJ C 181, 18.7.2008, p. 1.
     4
           Position of the European Parliament of 24 September 2008 (not yet published in the Official
           Journal), Council Common Position of 9 February 2009 (not yet published in the Official Journal)
           and Position of the European Parliament of 6 May 2009.
     5
             OJ L 108, 24.4.2002, p. 7.
     6
             OJ L 108, 24.4.2002, p. 21.
     7
             OJ L 108, 24.4.2002, p. 33.

     82 /PE 426.182


EN
          2002/22/EC (Universal Service Directive)1 and Directive 2002/58/EC (Directive on
          privacy and electronic communications)2 (together referred to as "the Framework
          Directive and the Specific Directives")) is subject to periodic review by the
          Commission, with a view, in particular, to determining the need for modification in the
          light of technological and market developments.

(2)       In that regard, the Commission presented its findings in its Communication to the
          Council, the European Parliament, the European Economic and Social Committee and
          the Committee of the Regions of 29 June 2006 on the review of the EU regulatory
          framework for electronic communications networks and services.

(3)       The reform of the EU regulatory framework for electronic communications networks
          and services, including the reinforcement of provisions for end-users with disabilities,
          represents a key step towards simultaneously achieving a Single European Information
          Space and an inclusive information society. These objectives are included in the
          strategic framework for the development of the information society as described in the
          Commission Communication to the Council, the European Parliament, the European
          Economic and Social Committee and the Committee of the Regions of 1 June 2005
          entitled "i2010 – A European Information Society for growth and employment".
(3a)      A fundamental requirement of universal service is to provide users on request with a
          connection to the public communications network at a fixed location and at an
          affordable price. The requirement is for the provision of local, national and
          international telephone calls, facsimile communications and data services, the
          provision of which may be restricted by Member States to the end-user's primary
          location/residence. There should be no constraints on the technical means by which
          this is provided, allowing for wired or wireless technologies, nor any constraints on
          which operators provide part or all of universal service obligations.

          Data connections to the public communications network at a fixed location should
          be capable of supporting data communications at rates sufficient for access to online
          services such as those provided via the public internet. The speed of internet access
          experienced by a given user may depend on a number of factors including the
          provider(s) of internet connectivity as well as the given application for which a
          connection is being used. The data rate that can be supported by a connection to the
          public communications network depends on the capabilities of the subscriber's
          terminal equipment as well as the connection. For this reason it is not appropriate to
          mandate a specific data or bit rate at Community level. Flexibility is required to
          allow Member States to take measures where necessary to ensure that a data
          connection is capable of supporting satisfactory data rates, which are sufficient to
          permit functional internet access, as defined by the Member States, taking due
          account of specific circumstances in national markets, for instance the prevailing
          bandwidth used by the majority of subscribers in that Member State, and
          technological feasibility, provided that these measures seek to minimize market
          distortion. Where such measures result in an unfair burden on a designated
          undertaking, taking due account of the costs and revenues as well as the intangible
          benefits resulting from the provision of the services concerned, this may be included
          in any net cost calculation of universal obligations. Alternative financing of

1
       OJ L 108, 24.4.2002, p. 51.
2
       OJ L 201, 31.7.2002, p. 37.

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                                                                                                     EN
               underlying network infrastructure, involving Community funding or national
               measures in accordance with Community law, may also be implemented.
              This is without prejudice to the need for the Commission to conduct a review of the
              universal service obligations, which may include the financing of such obligations, in
              accordance with Article 15 of Directive 2002/22/EC, and if appropriate, present
              proposals for reform to meet public interest objectives.

     (4)      For the sake of clarity and simplicity, this Directive only deals with amendments to
              Directives 2002/22/EC (Universal Service Directive) and 2002/58/EC (Directive on
              privacy and electronic communications).

     (5)      Without prejudice to Directive 1999/5/EC of the European Parliament and of the
              Council of 9 March 1999 on radio equipment and telecommunications terminal
              equipment and the mutual recognition of their conformity1, and in particular the
              disability requirements laid down in Article 3(3)(f) thereof, certain aspects of terminal
              equipment, including consumer premises equipment intended for disabled end-users,
              whether their special needs are due to disability or related to ageing, should be brought
              within the scope of Directive 2002/22/EC (Universal Service Directive) in order to
              facilitate access to networks and the use of services. Such equipment currently includes
              receive-only radio and television terminal equipment as well as special terminal devices
              for hearing-impaired end-users.

     (6)      Member States should introduce measures to promote the creation of a market for
              widely available products and services incorporating facilities for disabled end-users.
              This can be achieved inter alia by referring to European standards, introducing
              electronic accessibility (eAccessibility) requirements for public procurement procedures
              and calls for tender relating to the provision of services, and by implementing
              legislation upholding the rights of the disabled end-users.

     (6a)      When an undertaking designated to provide universal service as identified in Article
               4 of Directive 2002/22/EC (Universal Service Directive) chooses to dispose of a
               substantial part, viewed in light of its universal service obligation, or all, of its local
               access network assets in the national territory to a separate legal entity under
               different ultimate ownership, the national regulatory authority should assess the
               effects of the transaction in order to ensure the continuity of universal service
               obligations in all or parts of the national territory. To this end, the national
               regulatory authority which imposed the universal service obligations should
               be informed by the undertaking in advance of the disposal. The assessment of the
               national regulatory authority should not prejudice the completion of the transaction.

     (6b)      Technological developments have led to substantial reductions in the number of
               public pay telephones. In order to ensure technological neutrality and continued
               access by the public to voice telephony, national regulatory authorities should be
               able to impose obligations on undertakings to ensure not only that public pay
               telephones are provided to meet the reasonable needs of end-users, but also that
               alternative public voice telephony access points are provided for that purpose, if
               appropriate.


     1
            OJ L 91, 7.4.1999, p. 10.

     84 /PE 426.182


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(6c)    Equivalence in disabled end-users' access to services should be guaranteed to the
        level available to other end-users. To this end, access should be functionally
        equivalent such that disabled end-users benefit from the same usability of services as
        other end-users, but by different means.

(7)     Definitions need to be adjusted so as to conform to the principle of technology
        neutrality and to keep pace with technological development. In particular, conditions
        for the provision of a service should be separated from the actual definitional elements
        of a publicly available telephone service, i.e. an electronic communications service
        made available to the public for originating and receiving, directly or indirectly,
        national or national and international calls through a number or numbers in a national
        or international telephone numbering plan, whether such a service is based on circuit
        switching or packet switching technology. It is the nature of such a service that it is
        bidirectional, enabling both the parties to communicate. A service which does not fulfil
        all these conditions, such as for example a "click-through" application on a customer
        service website, is not a publicly available telephone service. Publicly available
        telephone services also include means of communication specifically intended for
        disabled end-users using text relay or total conversation services.

(8)    It is necessary to clarify that the indirect provision of services could include situations
       where originating is made via carrier selection or pre-selection or where a service
       provider resells or re-brands publicly available telephone services provided by another
       undertaking.

(9)    As a result of technological and market evolution, networks are increasingly moving to
       "Internet Protocol" (IP) technology, and consumers are increasingly able to choose
       between a range of competing voice service providers. Therefore, Member States should
       be able to separate universal service obligations concerning the provision of a
       connection to the public communications network at a fixed location from the provision
       of a publicly available telephone service ▌. Such separation should not affect the scope
       of universal service obligations defined and reviewed at Community level. ▌

(10)   In accordance with the principle of subsidiarity, it is for the Member States to decide on
       the basis of objective criteria which undertakings are designated as universal service
       providers, where appropriate taking into account the ability and the willingness of
       undertakings to accept all or part of the universal service obligations. This does not
       preclude that Member States may include, in the designation process, specific conditions
       justified on grounds of efficiency, including, inter alia, grouping geographical areas or
       components or setting minimum periods for the designation.

(11)   National regulatory authorities should be able to monitor the evolution and level of retail
       tariffs for services that fall under the scope of universal service obligations, even where
       a Member State has not yet designated an undertaking to provide universal service. In
       such a case, the monitoring should be carried out in such a way that it would not
       represent an excessive administrative burden for either national regulatory authorities or
       undertakings providing such service.

(12)   Redundant obligations designed to facilitate the transition from the regulatory
       framework of 1998 to that of 2002 should be deleted, together with other provisions that
       overlap with and duplicate those laid down in Directive 2002/21/EC (Framework
       Directive).

                                                                                    PE 426.182\ 85


                                                                                                     EN
     (13)    The requirement to provide a minimum set of leased lines at retail level, which was
             necessary to ensure the continued application of provisions of the regulatory framework
             of 1998 in the field of leased lines, which was not sufficiently competitive at the time
             the 2002 framework entered into force, is no longer necessary and should be repealed.

     (14)    To continue to impose carrier selection and carrier pre-selection directly in Community
             legislation could hamper technological progress. These remedies should rather be
             imposed by national regulatory authorities as a result of market analysis carried out in
             accordance with the procedures set out in Directive 2002/21/EC (Framework Directive)
             and through the obligations referred to in Article 12 of Directive 2002/19/EC (Access
             Directive).

     (15)    Provisions on contracts should apply not only to consumers but also to other end-users,
             primarily micro enterprises and small and medium-sized enterprises (SMEs), which may
             prefer a contract adapted to consumer needs. To avoid unnecessary administrative
             burdens for providers and the complexity related to the definition of SMEs, the
             provisions on contracts should not apply automatically to those other end-users, but only
             where they so request. Member States should take appropriate measures to promote
             awareness amongst SMEs of this possibility.

     (16)    As a consequence of technological developments, other types of identifiers may be used
             in the future, in addition to ordinary forms of numbering identification.

     (17)    Providers of electronic communications services that allow calls should ensure that their
             customers are adequately informed as to whether or not access to emergency services is
             provided and of any limitation on service (such as a limitation on the provision of caller
             location information or the routing of emergency calls). Such providers should also
             provide their customers with clear and transparent information in the initial contract and
             in the event of any change in the access provision, for example in billing information.
             This information should include any limitations on territorial coverage, on the basis of
             the planned technical operating parameters of the service and the available
             infrastructure. Where the service is not provided over a switched telephony network, the
             information should also include the level of reliability of the access and of caller
             location information compared to a service that is provided over a switched telephony
             network, taking into account current technology and quality standards, as well as any
             quality of service parameters specified under Directive 2002/22/EC (Universal Service
             Directive).

     (18)    With respect to terminal equipment, the customer contract should specify any
             restrictions imposed by the provider on the use of the equipment, such as by way of
             "SIM-locking" mobile devices, if such restrictions are not prohibited under national
             legislation, and any charges due on termination of the contract, whether before or on the
             agreed expiry date, including any cost imposed in order to retain the equipment.

     (19)    Without imposing any obligation on the provider to take action over and above what is
             required under Community law, the customer contract should also specify the type of
             action, if any, the provider might take in case of security or integrity incidents, threats or
             vulnerabilities.

     (20)    In order to address public interest issues with respect to the use of communications
             services and to encourage protection of the rights and freedoms of others, the relevant

     86 /PE 426.182


EN
        national authorities should be able to produce and have disseminated, with the aid of
        providers, public interest information related to the use of such services. This ▌could
        include public interest information regarding copyright infringement, other unlawful
        uses and the dissemination of harmful content, and advice and means of protection
        against risks to personal security, which may for example arise from disclosure of
        personal information in certain circumstances, as well as risks to privacy and personal
        data, and the availability of easy-to-use and configurable software or software options
        allowing protection for children or vulnerable persons. The information could be
        coordinated by way of the cooperation procedure established in Article 33(3) of
        Directive 2002/22/EC (Universal Service Directive). Such public interest information
        should be updated whenever necessary and should be presented in easily
        comprehensible printed and electronic formats, as determined by each Member State,
        and on national public authority websites. National regulatory authorities should be able
        to oblige providers to disseminate this standardised information to all their customers in
        a manner deemed appropriate by the national regulatory authorities. When required by
        Member States, the information should also be included in contracts.

(21)    The right of subscribers to withdraw from their contracts without penalty refers to
        modifications in contractual conditions which are imposed by the providers of electronic
        communications networks and/or services.

(22)    End-users should be able to decide what content they want to send and receive, and
        which services, applications, hardware and software they want to use for such
        purposes, without prejudice to the need to preserve the integrity and security of
        networks and services. A competitive market will provide users with a wide choice of
        content, applications and services. National regulatory authorities should promote
        users' ability to access and distribute information and to run applications and services
        of their choice, as stated in Article 8 of Directive 2002/21/EC (Framework Directive).
        Given the increasing importance of electronic communications for consumers and
        businesses, users should in any case be fully informed of any limiting conditions
        imposed on the use of electronic communications services by the service and/or
        network provider ▌. Such information should, at the option of the provider, specify the
        type of content, application or service concerned, individual applications or services,
        or both. Depending on the technology used and the type of limitation, such limitations
        may require user consent under Directive 2002/58/EC (Directive on privacy and
        electronic communications).
(22a)    Directive 2002/22/EC (Universal Service Directive) neither mandates nor prohibits
         conditions imposed by providers, in accordance with national law, limiting users'
         access to and/or use of services and applications but does provide for information
         regarding such conditions. Member States wishing to implement measures regarding
         users' access to and/or use of services and applications must respect the fundamental
         rights of citizens, including in relation to privacy and due process, and any such
         measures should take full account of policy goals adopted at Community level, such
         as furthering the development of the Community information society.
(22b) Directive 2002/22/EC (Universal Service Directive) does not require providers to
      monitor information transmitted over their networks or to bring legal proceedings
      against their customers on grounds of such information, nor does it make providers
      liable for that information. Responsibility for punitive action or criminal prosecution



                                                                                    PE 426.182\ 87


                                                                                                     EN
              is a matter for national law, respecting fundamental rights and freedoms including
              the right to due process.

     (23)     In the absence of relevant rules of Community law, content, applications and services
              are deemed lawful or harmful in accordance with national substantive and procedural
              law. It is a task for the Member States, not for providers of electronic communications
              networks or services, to decide, in accordance with due process, whether content,
              applications or services are lawful or harmful. The Framework Directive and the
              Specific Directives are without prejudice to Directive 2000/31/EC of the European
              Parliament and of the Council of 8 June 2000 on certain legal aspects of information
              society services, in particular electronic commerce, in the Internal Market (Directive on
              electronic commerce)1, which, inter alia, contains a "mere conduit" rule for intermediary
              service providers, as defined therein.

     (24)     The availability of transparent, up-to-date and comparable information on offers and
              services is a key element for consumers in competitive markets where several providers
              offer services. End-users and consumers of electronic communications services should
              be able to easily compare the prices of various services offered on the market based on
              information published in an easily accessible form. In order to allow them to make price
              comparisons easily, national regulatory authorities should be able to require from
              undertakings providing electronic communications networks and/or services greater
              transparency as regards information (including tariffs, consumption patterns and other
              relevant statistics) and to ensure that third parties have the right to use, without charge,
              publicly available information published by such undertakings. National regulatory
              authorities should also be able to make price guides available, in particular where the
              market has not provided them free of charge or at a reasonable price. Undertakings
              should not be entitled to any remuneration for the use of information where it has
              already been published and thus belongs in the public domain. In addition, end-users
              and consumers should be adequately informed of the price and the type of service
              offered before they purchase a service, in particular if a freephone number is subject to
              additional charges. National regulatory authorities should be able to require that such
              information is provided generally, and, for certain categories of services determined by
              them, immediately prior to connecting the call, unless otherwise provided for by
              national law. When determining the categories of call requiring pricing information
              prior to connection, national regulatory authorities should take due account of the nature
              of the service, the pricing conditions which apply to it and whether it is offered by a
              provider who is not a provider of electronic communications services. Without prejudice
              to Directive 2000/31/EC (Directive on electronic commerce), undertakings should also,
              if required by Member States, provide subscribers with public interest information
              produced by the relevant public authorities regarding, inter alia, the most common
              infringements and their legal consequences. Dissemination of such information should
              however not impose an excessive burden on undertakings. Member States should
              require this dissemination by the means used by undertakings in communications
              with subscribers made in the ordinary course of business.

     (25)     Customers should be informed of their rights with respect to the use of their personal
              information in subscriber directories and in particular of the purpose or purposes of such
              directories, as well as their right, free of charge, not to be included in a public subscriber

     1
            OJ L 178, 17.7.2000, p. 1.

     88 /PE 426.182


EN
        directory, as provided for in Directive 2002/58/EC (Directive on privacy and electronic
        communications). Customers should also be informed of systems which allow
        information to be included in the directory database but which do not disclose such
        information to users of directory services.
 (26)    A competitive market should ensure that users enjoy the quality of service they
         require, but in particular cases it may be necessary to ensure that public
         communications networks attain minimum quality levels so as to prevent degradation
         of service, the blocking of access and the slowing of traffic over networks. In order to
         meet quality of service requirements, operators may use procedures to measure and
         shape traffic on a network link so as to avoid filling the link to capacity or overfilling
         the link, which would result in network congestion and poor performance. These
         procedures are subject to scrutiny by the national regulatory authority acting in
         accordance with the provisions of the Framework Directive and the Specific
         Directives to ensure they do not restrict competition, in particular by addressing
         discriminatory behaviour. If appropriate, national regulatory authorities may also
         impose minimum quality of service requirements on undertakings providing public
         communications networks to ensure that services and applications dependent on the
         network are delivered to a minimum quality standard, subject to examination by the
         Commission. National regulatory authorities are empowered to take action to
         address degradation of service, including the hindering or slowing down of traffic, to
         the detriment of consumers. However, since inconsistent remedies can impair the
         achievement of the internal market, the Commission should assess any requirements
         intended to be set by national regulatory authorities for possible regulatory
         intervention across the Community and, if necessary, issue comments or
         recommendations in order to achieve consistent application.
(27)    In future IP networks, where provision of a service may be separated from provision of
        the network, Member States should determine the most appropriate steps to be taken to
        ensure the availability of publicly available telephone services provided using public
        communications networks and uninterrupted access to emergency services in the event
        of catastrophic network breakdown or in cases of force majeure, taking into account the
        priorities of different types of subscriber and technical limitations.

(28)    In order to ensure that disabled end-users benefit from competition and the choice of
        service providers enjoyed by the majority of end-users, relevant national authorities
        should specify, where appropriate and in light of national conditions, consumer
        protection requirements to be met by undertakings providing publicly available
        electronic communications services. Such requirements may include, in particular, that
        undertakings ensure that disabled end-users take advantage of their services on the same
        terms and conditions, including prices and tariffs, as those offered to their other
        end-users, and charge equivalent prices for their services, irrespective of any additional
        costs incurred by them. Other requirements may relate to wholesale arrangements
        between undertakings.

(29)    Operator assistance services cover a range of different services for end-users. The
        provision of such services should be left to commercial negotiations between providers
        of public communications networks and operator assistance services, as is the case for
        any other customer support service, and it is not necessary to continue to mandate their
        provision. The corresponding obligation should therefore be repealed.



                                                                                     PE 426.182\ 89


                                                                                                      EN
     (30)     Directory enquiry services should be, and frequently are, provided under competitive
              market conditions, pursuant to Article 5 of Commission Directive 2002/77/EC of
              16 September 2002 on competition in the markets for electronic communications
              networks and services1. Wholesale measures ensuring the inclusion of end-user data
              (both fixed and mobile) in databases should comply with the safeguards for the
              protection of personal data, including Article 12 of Directive 2002/58/EC (Directive on
              privacy and electronic communications). The cost-oriented supply of that data to service
              providers, with the possibility for Member States to establish a centralised mechanism
              for providing comprehensive aggregated information to directory providers, and the
              provision of network access in reasonable and transparent conditions, should be in
              place in order to ensure that end-users benefit fully from competition, with the ultimate
              aim of enabling the removal of retail regulation from these services and the provision
              of offers of directory services under reasonable and transparent ▌conditions.

     (31)     End-users should be able to call and access the emergency services using any telephone
              service capable of originating voice calls through a number or numbers in national
              telephone numbering plans. Member States that use national emergency numbers
              besides "112" may impose on undertakings similar obligations for access to those
              national emergency numbers. Emergency authorities should be able to handle and
              answer calls to the number "112" at least as expeditiously and effectively as calls to
              national emergency numbers. It is important to increase awareness of "112" in order to
              improve the level of protection and security of citizens travelling in the European Union.
              To this end, citizens should be made fully aware, when travelling in any Member State,
              in particular through information provided in international bus terminals, train stations,
              ports or airports and in telephone directories, payphone kiosks, subscriber and billing
              material, that "112" can be used as a single emergency number throughout the
              Community. This is primarily the responsibility of the Member States, but the
              Commission should continue both to support and to supplement initiatives of the
              Member States to heighten awareness of "112" and periodically to evaluate the public's
              awareness of it. The obligation to provide caller location information should be
              strengthened so as to increase the protection of citizens of the European Union. In
              particular, undertakings should make caller location information available to emergency
              services as soon as the call reaches that service independently of the technology used.
              In order to respond to technological developments, including those leading to
              increasingly precise accuracy of caller location information, the Commission should
              be empowered to adopt technical implementing measures to ensure effective access to
              “112” services in the Community for the benefit of citizens of the European Union.
              Such measures should be without prejudice to the organisation of emergency services
              of Member States.

     (32)     Member States should ensure that undertakings providing end-users with an electronic
              communications service designed for originating calls through a number or numbers in a
              national telephone numbering plan provide reliable and accurate access to emergency
              services taking into account national specifications and criteria. Network-independent
              undertakings may not have control over networks and may not be able to ensure that
              emergency calls made through their service are routed with the same reliability as they
              may not be able to guarantee service availability, given that problems related to
              infrastructure are not under their control. For network-independent undertakings,

     1
            OJ L 249, 17.9.2002, p. 21.

     90 /PE 426.182


EN
         caller location information may not always be technically feasible. Once
         internationally-recognised standards ensuring accurate and reliable routing and
         connection to the emergency services are in place, network-independent service
         providers should also fulfil the obligations related to caller location information at a
         level comparable to that required of other undertakings.

(33)     Member States should take specific measures to ensure that emergency services,
         including "112", are equally accessible to disabled end-users, in particular deaf,
         hearing-impaired, speech-impaired and deaf-blind users. This could involve the
         provision of special terminal devices for hearing-impaired users, text relay services, or
         other specific equipment.
(33a)     Development of the international code “3883” (the European Telephony Numbering
          Space (ETNS)) is currently hindered by insufficient awareness, overly bureaucratic
          procedural requirements and, in consequence, lack of demand. In order to foster the
          development of ETNS, the countries to which the International Telecommunications
          Union has assigned the international code “3883” should, following the example of
          the implementation of the ".eu" top-level domain, delegate responsibility for its
          management, number assignment and promotion to an existing separate
          organisation, designated by the Commission on the basis of an open, transparent
          and non-discriminatory selection procedure. That organisation should also be tasked
          with developing proposals for public service applications using ETNS for common
          European services, such as a common number for reporting thefts of mobile
          terminals.

(33b)     Considering the particular aspects related to reporting missing children and the
          currently limited availability of that service, Member States should not only reserve a
          number, but also make every effort to ensure that a service for reporting missing
          children is actually available in their territories under the number 116000 without
          delay. To that end, Member States should, if appropriate, inter alia, organise
          tendering procedures in order to invite parties interested in providing the service.
(34)     Voice calls remain the most robust and reliable form of access to emergency services.
         Other means of contact, such as text messaging, may be less reliable and may suffer
         from lack of immediacy. Member States should, however, if they deem it appropriate,
         be free to promote the development and implementation of other means of access to
         emergency services which are capable of ensuring access equivalent to voice calls.

(35)     Pursuant to its Decision 2007/116/EC of 15 February 2007 on reserving the national
         numbering range beginning with "116" for harmonised numbers for harmonised services
         of social value,1 the Commission has asked Member States to reserve numbers in the
         "116" numbering range for certain services of social value. The appropriate provisions
         of that Decision should be reflected in Directive 2002/22/EC (Universal Service
         Directive) in order to integrate them more firmly into the regulatory framework for
         electronic communications networks and services and to facilitate access by disabled
         end-users.

(36)     A single market implies that end-users are able to access all numbers included in the
         national numbering plans of other Member States and to access services using

1
       OJ L 49, 17.2.2007, p. 30.

                                                                                    PE 426.182\ 91


                                                                                                     EN
             non-geographic numbers within the Community, including, among others, freephone
             and premium rate numbers. End-users should also be able to access numbers from the
             European Telephone Numbering Space (ETNS) and Universal International Freephone
             Numbers (UIFN). Cross-border access to numbering resources and associated services
             should not be prevented, except in objectively justified cases, for example to combat
             fraud or abuse (e.g. in connection with certain premium-rate services), when the number
             is defined as having a national scope only (e.g. a national short code) or when it is
             technically or economically unfeasible. Users should be fully informed in advance and
             in a clear manner of any charges applicable to freephone numbers, such as international
             call charges for numbers accessible through standard international dialling codes.

     (37)    In order to take full advantage of the competitive environment, consumers should be
             able to make informed choices and to change providers when it is in their interests. It is
             essential to ensure that they can do so without being hindered by legal, technical or
             practical obstacles, including contractual conditions, procedures, charges and so on. This
             does not preclude the imposition of reasonable minimum contractual periods in
             consumer contracts. Number portability is a key facilitator of consumer choice and
             effective competition in competitive markets for electronic communications and should
             be implemented with the minimum delay, so that the number is functionally activated
             within one working day and the user does not experience a loss of service lasting
             longer than one working day. ▌Competent national authorities may prescribe the
             global process of the porting of numbers, taking into account national provisions on
             contracts and technological developments. Experience in certain Member States has
             shown that there is a risk of consumers being switched without consent. While that is
             a matter that should primarily be addressed by law-enforcement authorities, Member
             States should be able to impose such minimum proportionate measures regarding the
             switching process as are necessary to minimise such risks and to guarantee that
             consumers are protected throughout the switching process, including imposing
             appropriate sanctions, without making the process less attractive for consumers.

     (38)    Legal "must-carry" obligations may be applied to specified radio and television
             broadcast channels and complementary services supplied by a specified media service
             provider. Member States should provide a clear justification for the "must carry"
             obligations in their national law so as to ensure that such obligations are transparent,
             proportionate and properly defined. In that regard, "must carry" rules should be designed
             in a way which provides sufficient incentives for efficient investment in infrastructure.
             "Must carry" rules should be periodically reviewed in order to keep them up-to-date
             with technological and market evolution and in order to ensure that they continue to be
             proportionate to the objectives to be achieved. Complementary services include, but are
             not limited to, services designed to improve accessibility for end-users with disabilities,
             such as videotext, subtitling, audio description and sign language.

     (39)    In order to overcome existing shortcomings in terms of consumer consultation and to
             appropriately address the interests of citizens, Member States should put in place an
             appropriate consultation mechanism. Such a mechanism could take the form of a body
             which would, independently of the national regulatory authority and service providers,
             carry out research into consumer-related issues, such as consumer behaviour and
             mechanisms for changing suppliers, and which would operate in a transparent manner
             and contribute to the existing mechanisms for stakeholder consultation. Furthermore, a
             mechanism could be established for the purpose of enabling appropriate cooperation on


     92 /PE 426.182


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         issues relating to the promotion of lawful content. Any cooperation procedures agreed
         pursuant to such a mechanism should, however, not allow for the systematic
         surveillance of internet usage.

(40)     Universal service obligations imposed on an undertaking designated as having universal
         service obligations should be notified to the Commission.

(40a) Directive 2002/58/EC (Directive on privacy and electronic communications) provides
      for the harmonisation of the provisions of the Member States required to ensure an
      equivalent level of protection of fundamental rights and freedoms, and in particular
      the right to privacy and the right to confidentiality, with respect to the processing of
      personal data in the electronic communications sector, and to ensure the free
      movement of such data and of electronic communications equipment and services in
      the Community. Where measures aiming to ensure that terminal equipment is
      constructed so as to safeguard the protection of personal data and privacy are adopted
      pursuant to Directive 1999/5/EC or Council Decision 87/95/EEC, such measures
      should respect the principle of technology neutrality.

(40b) When defining the implementing measures on the security of processing, in
      accordance with the regulatory procedure with scrutiny, the Commission should
      consult all relevant European authorities and organisations (the European Network
      and Information Security Agency), the European Data Protection Supervisor and the
      Working Party on the Protection of Individuals with regard to the Processing of
      Personal Data established by Article 29 of Directive 95/46/EC of the European
      Parliament and of the Council of 24 October 1995 on the protection of individuals
      with regard to the processing of personal data and on the free movement of such
      data1) as well as all other relevant stakeholders, particularly in order to be informed
      of the best available technical and economic methods for improving the
      implementation of Directive 2002/58/EC (Directive on privacy and electronic
      communications).

(40c) Developments concerning the use of IP addresses should be followed closely, taking
      into consideration the work already done by, among others, the Working Party on the
      Protection of Individuals with regard to the Processing of Personal Data established
      by Article 29 of Directive 95/46/EC, and in the light of such proposals as may be
      appropriate.
(41)      The processing of traffic data to the extent strictly necessary for the purposes of
          ▌ensuring network and information security, i.e. the ability of a network or an
          information system to resist, at a given level of confidence, accidental events or
          unlawful or malicious actions that compromise the availability, authenticity, integrity
          and confidentiality of stored or transmitted data, and the security of the related
          services offered by or accessible via these networks and systems, by providers of
          security technologies and services when acting as data controllers is subject to
          Article 7(f) of Directive 95/46/EC. This could, for example, include preventing
          unauthorised access to electronic communications networks and malicious code
          distribution and stopping "denial of service" attacks and damage to computer and
          electronic communication systems.


1
       OJ L 281, 23.11.1995, p. 31.

                                                                                   PE 426.182\ 93


                                                                                                    EN
     (42)    The liberalisation of electronic communications networks and services markets and
             rapid technological development have combined to boost competition and economic
             growth and resulted in a rich diversity of end-user services accessible via public
             electronic communications networks. It is necessary to ensure that consumers and users
             are afforded the same level of protection of privacy and personal data, regardless of the
             technology used to deliver a particular service.

     (43)    In line with the objectives of the regulatory framework for electronic communications
             networks and services and with the principles of proportionality and subsidiarity, and for
             the purposes of legal certainty and efficiency for European businesses and national
             regulatory authorities alike, ▌Directive 2002/58/EC (Directive on privacy and
             electronic communications) focuses on public electronic communications networks and
             services, and does not apply to closed user groups and corporate networks.

     (44)    Technological progress allows the development of new applications based on devices
             for data collection and identification, which could be contactless devices using radio
             frequencies. For example, Radio Frequency Identification Devices (RFIDs) use radio
             frequencies to capture data from uniquely identified tags which can then be transferred
             over existing communications networks. The wide use of such technologies can bring
             considerable economic and social benefit and thus make a powerful contribution to the
             internal market, if their use is acceptable to citizens. To achieve this aim, it is necessary
             to ensure that all fundamental rights of individuals, including the right to privacy and
             data protection, are safeguarded. When such devices are connected to publicly available
             electronic communications networks or make use of electronic communications services
             as a basic infrastructure, the relevant provisions of Directive 2002/58/EC (Directive on
             privacy and electronic communications), including those on security, traffic and location
             data and on confidentiality, should apply.

     (45)    The provider of a publicly available electronic communications service should take
             appropriate technical and organisational measures to ensure the security of its services.
             Without prejudice to Directive 95/46/EC║, such measures should ensure that personal
             data can be accessed only by authorised personnel for legally authorised purposes, and
             that the personal data stored or transmitted, as well as the network and services, are
             protected. Moreover, a security policy with respect to the processing of personal data
             should be established in order to identify vulnerabilities in the system, and monitoring
             and preventive, corrective and mitigating action should be regularly carried out.

     (45a) The competent national authorities should promote the interests of the citizens of the
           European Union by, inter alia, contributing to ensuring a high level of protection of
           personal data and privacy. To this end, they should have the necessary means to
           perform their duties, including comprehensive and reliable data about actual security
           incidents that have led to the personal data of individuals being compromised. They
           should monitor measures taken and disseminate best practices among providers of
           publicly available electronic communications services. Providers should therefore
           maintain an inventory of personal data breaches to enable further analysis and
           evaluation by the competent national authorities.

     (45b) Community law imposes duties on data controllers regarding the processing of
           personal data, including an obligation to implement appropriate technical and
           organisational protection measures against e.g. loss of data. The data breach


     94 /PE 426.182


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       notification requirements contained in Directive 2002/58/EC (Directive on privacy
       and electronic communications) provide a structure for notifying the competent
       authorities and individuals concerned when personal data has nevertheless been
       compromised. Those notification requirements are limited to security breaches which
       occur in the electronic communications sector. However, the notification of security
       breaches reflects a general interest of citizens to be informed about security failures
       which may result in their personal data being lost or otherwise compromised and
       about available or advisable precautions that they may take in order to minimise
       possible economic loss or social harm that could result from such failures. This
       general interest for users to be notified is clearly not limited to the electronic
       communications sector and therefore explicit, mandatory notification requirements
       applicable to all sectors should be introduced at the Community level as a matter of
       priority. Pending a review to be carried out by the Commission of all relevant
       Community legislation in that regard, the Commission, in consultation with the
       European Data Protection Supervisor, should take appropriate steps without delay to
       encourage the application of the principles embodied in the data breach notification
       rules in Directive 2002/58/EC (Directive on privacy and electronic communications)
       throughout the Community, regardless of sector or type of the data concerned.

(46)   Competent national authorities should monitor measures taken and disseminate best
       practices among providers of publicly available electronic communications services.
(47)    A personal data breach ▌may, if not addressed in an adequate and timely manner,
        result in substantial economic loss and social harm, including identity fraud, to the
        subscriber or individual concerned. Therefore, as soon as the provider of publicly
        available electronic communications services becomes aware that such a breach has
        occurred, it should notify the breach to the competent national authority. The
        subscribers or individuals whose data and privacy could be adversely affected by
        such breaches should be notified without delay in order to allow them to take the
        necessary precautions. A breach should be considered as adversely affecting the
        subscriber’s or individual's data and privacy where it entails e.g. identity theft or
        fraud, physical harm, significant humiliation or damage to reputation in connection
        with the provision of publicly available communications services in the Community.
        The notification should include information about measures taken by the provider to
        address the breach, as well as recommendations for the subscriber or individual
        concerned.
▌

(49)   When implementing measures transposing Directive 2002/58/EC (Directive on privacy
       and electronic communications), the authorities and courts of the Member States should
       not only interpret their national law in a manner consistent with that Directive, but
       should also ensure that they do not rely on an interpretation of it which would conflict
       with fundamental rights or general principles of Community law, such as the principle
       of proportionality.

(50)   Provision should be made for the adoption of technical implementing measures
       concerning the circumstances, format and procedures applicable to information and
       notification requirements to achieve an adequate level of privacy protection and
       security of personal data transmitted or processed in connection with the use of
       electronic communications networks in the internal market.


                                                                                 PE 426.182\ 95


                                                                                                  EN
     (51)    In setting detailed rules concerning the format and procedures applicable to the
             notification of personal data breaches, due consideration should be given to the
             circumstances of the breach, including whether or not personal data had been protected
             by appropriate technical protection measures, effectively limiting the likelihood of
             identity fraud or other forms of misuse. Moreover, such rules and procedures should
             take into account the legitimate interests of law enforcement authorities in cases where
             early disclosure could unnecessarily hamper the investigation of the circumstances of a
             breach.

     (52)    Software that surreptitiously monitors the actions of the user or subverts the operation of
             the user's terminal equipment to the benefit of a third party (║"spyware") poses a serious
             threat to the privacy of users, as do viruses. A high and equal level of protection of the
             private sphere of users needs to be ensured, regardless of whether unwanted spying
             programmes or viruses are inadvertently downloaded via electronic communications
             networks or are delivered and installed in software distributed on other external data
             storage media, such as CDs, CD-ROMs or USB keys. Member States should encourage
             the provision of information to end-users about available precautions, and should
             encourage them to take the necessary steps to protect their terminal equipment against
             viruses and spyware.
     (52a)    Third parties may desire to store information on the equipment of a user, or gain
              access to information already stored, for a number of purposes, ranging from the
              legitimate (e.g. certain types of cookies) to those involving unwarranted intrusion
              into the private sphere (e.g. spyware or viruses). It is therefore of paramount
              importance that users are provided with clear and comprehensive information when
              engaging in any activity which could result in such storage or gaining of access. The
              methods of giving information and offering the right to refuse should be made as
              user-friendly as possible. An exception to the obligation to provide information and
              offering the right to refuse should be limited to those situations where the technical
              storage or access is strictly necessary for the legitimate purpose of enabling the use
              of a specific service explicitly requested by the subscriber or user. Where it is
              technically possible and effective, in accordance with the relevant provisions of
              Directive 95/46/EC, the user's will to accept processing may be expressed by way of
              using the appropriate settings of a browser or other application. The enforcement of
              these requirements should be made more effective by way of the enhanced powers
              granted to the relevant national authorities under Article 15a of this Directive.
     (52b) Safeguards provided for subscribers against intrusion of their privacy by unsolicited
           communications for direct marketing purposes by means of electronic mail are also
           applicable to SMS, MMS and other kinds of similar applications.

     (53)    Electronic communications service providers make substantial investments in order to
             combat unsolicited commercial communications ("spam"). They are also in a better
             position than end-users in that they possess the knowledge and resources necessary to
             detect and identify spammers. Email service providers and other service providers
             should therefore be able to initiate legal action against spammers, and thus defend the
             interests of their customers, as part of their own legitimate business interests.

     (54)    The need to ensure an adequate level of protection of privacy and personal data
             transmitted and processed in connection with the use of electronic communications
             networks in the Community calls for effective implementation and enforcement powers


     96 /PE 426.182


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         in order to provide adequate incentives for compliance. Competent national authorities
         and, where appropriate, other relevant national bodies should have sufficient powers and
         resources to investigate cases of non-compliance effectively, including powers to obtain
         any relevant information they might need, to decide on complaints and to impose
         sanctions in cases of non-compliance.

(55)     The implementation and enforcement of the provisions of this Directive often require
         cooperation between the national regulatory authorities of two or more Member States,
         for example in combating cross-border spam and spyware. In order to ensure smooth
         and rapid cooperation in such cases, procedures relating for example to the quantity and
         format of information exchanged between authorities, or deadlines to be complied with,
         should be defined by the relevant national authorities, subject to examination by the
         Commission. Such procedures will also allow the resulting obligations of market actors
         to be harmonised, contributing to the creation of a level playing field in the Community.

(56)     Cross-border cooperation and enforcement should be reinforced in line with existing
         Community cross-border enforcement mechanisms, such as that laid down in
         Regulation (EC) No 2006/2004 (the Regulation on consumer protection cooperation)1,
         by way of an amendment to that Regulation.

(57)     The measures necessary for the implementation of Directives 2002/22/EC (Universal
         Service Directive) and 2002/58/EC (Directive on privacy and electronic
         communications) should be adopted in accordance with Council Decision 1999/468/EC
         of 28 June 1999 laying down the procedures for the exercise of implementing powers
         conferred on the Commission2.

(58)     In particular, the Commission should be empowered to adopt implementing measures
         on effective access to “112” services, as well as amendments to adapt the Annexes to
         technical progress or changes in market demand. It should also be empowered to adopt
         implementing measures concerning information and notification requirements. Since
         those measures are of general scope and are designed to amend non-essential elements
         of Directives 2002/22/EC (Universal Service Directive) and 2002/58/EC (Directive on
         privacy and electronic communications) by supplementing them with new non-
         essential elements, they must be adopted in accordance with the regulatory procedure
         with scrutiny provided for in Article 5a of Decision 1999/468/EC. Given that the
         conduct of the regulatory procedure with scrutiny within the normal time limits could,
         in certain exceptional situations, impede the timely adoption of implementing
         measures, the European Parliament, the Council and the Commission should act
         speedily in order to ensure the timely adoption of those measures.

(59)     Directives 2002/22/EC (Universal Service Directive) and 2002/58/EC (Directive on
         privacy and electronic communications) should therefore be amended accordingly.

(60)     In accordance with point 34 of the Interinstitutional Agreement on better law-making3,
         Member States are encouraged to draw up, for themselves and in the interests of the
         Community, their own tables illustrating, as far as possible, the correlation between
         Directives 2002/22/EC (Universal Service Directive) and 2002/58/EC (Directive on

1
       OJ L 364, 9.12.2004, p. 1.
2
       OJ L 184, 17.7.1999, p. 23.
3
       OJ C 321, 31.12.2003, p. 1.

                                                                                    PE 426.182\ 97


                                                                                                     EN
             privacy and electronic communications) and the transposition measures, and to make
             them public,

     HAVE ADOPTED THIS DIRECTIVE:


                                                 Article 1
                      Amendments to Directive 2002/22/EC (Universal Service Directive)
     Directive 2002/22/EC (Universal Service Directive) is hereby amended as follows:
     1)       Article 1 shall be replaced by the following:

              "Article 1
              Subject-matter and scope

              1.      Within the framework of Directive 2002/21/EC (Framework Directive), this
                      Directive concerns the provision of electronic communications networks and
                      services to end-users. The aim is to ensure the availability throughout the
                      Community of good-quality publicly available services through effective
                      competition and choice and to deal with circumstances in which the needs of
                      end-users are not satisfactorily met by the market. The Directive also includes
                      provisions concerning certain aspects of terminal equipment intended to facilitate
                      access for disabled end-users.

              2.      This Directive establishes the rights of end-users and the corresponding
                      obligations of undertakings providing publicly available electronic
                      communications networks and services. With regard to ensuring provision of
                      universal service within an environment of open and competitive markets, this
                      Directive defines the minimum set of services of specified quality to which all
                      end-users have access, at an affordable price in the light of specific national
                      conditions, without distorting competition. This Directive also sets out
                      obligations with regard to the provision of certain mandatory services.
             2a.      This Directive neither mandates nor prohibits conditions, imposed by providers
                      of publicly available electronic communications and services, limiting users'
                      access to and/or use of services and applications, where allowed under
                      national law and in conformity with Community law, but does provide for
                      information regarding such conditions. National measures regarding end-
                      users' access to or use of services and applications through electronic
                      communications networks shall respect the fundamental rights and freedoms
                      of natural persons, including in relation to privacy and due process, as defined
                      in Article 6 of the European Convention for the Protection of Human Rights
                      and Fundamental Freedoms.
              3.      The provisions of this Directive concerning end-users' rights shall apply without
                      prejudice to Community rules on consumer protection, in particular
                      Directives 93/13/EEC and 97/7/EC, and national rules in conformity with
                      Community law.";

     2)       Article 2 shall be amended as follows:

              (a)     point (b) shall be deleted;


     98 /PE 426.182


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      (b)   points (c) and (d) shall be replaced by the following:

            "(c) "publicly available telephone service" means a service made available to
                 the public for originating and receiving, directly or indirectly, national or
                 national and international calls through a number or numbers in a national
                 or international telephone numbering plan;

            (d)   "geographic number" means a number from the national telephone
                  numbering plan where part of its digit structure contains geographic
                  significance used for routing calls to the physical location of the network
                  termination point (NTP);";

      (c)   point (e) shall be deleted;

      (d)   point (f) shall be replaced by the following:

            "(f) "non-geographic number" means a number from the national telephone
                 numbering plan that is not a geographic number. It includes, inter alia,
                 mobile, freephone and premium rate numbers.";

3)    Article 4 shall be replaced by the following:

      "Article 4
      Provision of access at a fixed location and provision of telephone services

      1.    Member States shall ensure that all reasonable requests for connection at a fixed
            location to a public communications network are met by at least one undertaking.

      2.    The connection provided shall be capable of supporting voice, facsimile and data
            communications at data rates that are sufficient to permit functional Internet
            access, taking into account prevailing technologies used by the majority of
            subscribers and technological feasibility.

      3.    Member States shall ensure that all reasonable requests for the provision of a
            publicly available telephone service over the network connection referred to in
            paragraph 1 that allows for originating and receiving of national and
            international calls are met by at least one undertaking.";

4)    Article 5(2) shall be replaced by the following:

      "2.   The directories referred to in paragraph 1 shall comprise, subject to the
            provisions of Article 12 of Directive 2002/58/EC of the European Parliament and
            of the Council of 12 July 2002 concerning the processing of personal data and
            the protection of privacy in the electronic communications sector (Directive on
            privacy and electronic communications)*, all subscribers of publicly available
            telephone services.

      ___________

      *     OJ L 201, 31.7.2002, p. 37.";

4a)   the title and paragraph 1 of Article 6 shall be replaced by the following:

                                                                                    PE 426.182\ 99


                                                                                                     EN
              "Public pay telephones and other public voice telephony access points

              1.       Member States shall ensure that national regulatory authorities can impose
                       obligations on undertakings in order to ensure that public pay telephones or
                       other public voice telephony access points are provided to meet the reasonable
                       needs of end-users in terms of the geographical coverage, the number of
                       telephones or other access points, accessibility to disabled end-users and the
                       quality of services.";

     5)       Article 7 shall be replaced by the following:

              "Article 7
              Measures for disabled end-users

              1.       Unless requirements have been specified under Chapter IV which achieve the
                       equivalent effect, Member States shall take specific measures to ensure that
                       access to, and affordability of, the services identified in Article 4(3) and Article 5
                       for disabled end-users ▌is equivalent to the level enjoyed by other end-users.
                       Member States may oblige national regulatory authorities to assess the general
                       need and the specific requirements, including the extent and concrete form of
                       such specific measures for disabled end-users.

              2.       Member States may take specific measures, in the light of national conditions, to
                       ensure that disabled end-users can also take advantage of the choice of
                       undertakings and service providers available to the majority of end-users.

              3.       In taking the measures referred to in paragraphs 1 and 2, Member States shall
                       encourage compliance with the relevant standards or specifications published
                       in accordance with Articles 17, 18 and 19 of Directive 2002/21/EC
                       (Framework Directive).";

     6)       in Article 8, the following paragraph shall be added:

              "3.      When an undertaking designated in accordance with paragraph 1 intends to
                       dispose of a substantial part or all of its local access network assets to a separate
                       legal entity under different ownership, it shall inform in advance the national
                       regulatory authority in a timely manner, in order to allow that authority to assess
                       the effect of the intended transaction on the provision of access at a fixed
                       location and of telephone services pursuant to Article 4. The national regulatory
                       authority may impose, amend or withdraw specific obligations in accordance
                       with Article 6(2) of Directive 2002/20/EC (Authorisation Directive).";

     7)       Article 9(1), (2) and (3) shall be replaced by the following:

              "1.      National regulatory authorities shall monitor the evolution and level of retail
                       tariffs of the services identified in Articles 4 to 7 as falling under the universal
                       service obligations and either provided by designated undertakings or available
                       on the market, if no undertakings are designated in relation to those services, in
                       particular in relation to national consumer prices and income.




     100 /PE 426.182


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      2.    Member States may, in the light of national conditions, require that designated
            undertakings provide to consumers tariff options or packages which depart from
            those provided under normal commercial conditions, in particular to ensure that
            those on low incomes or with special social needs are not prevented from
            accessing the network referred to in Article 4(1) or from using the services
            identified in Article 4(3) and Articles 5, 6 and 7 as falling under the universal
            service obligations and provided by designated undertakings.

      3.    Member States may, besides any provision for designated undertakings to
            provide special tariff options or to comply with price caps or geographical
            averaging or other similar schemes, ensure that support is provided to consumers
            identified as having low incomes or special social needs.";

8)    Article 11(4) shall be replaced by the following:

      "4.   National regulatory authorities shall be able to set performance targets for
            undertakings with universal service obligations. In so doing, national regulatory
            authorities shall take account of views of interested parties, in particular as
            referred to in Article 33.";

9)    the title of Chapter III shall be replaced by the following:

      "REGULATORY CONTROLS ON UNDERTAKINGS WITH SIGNIFICANT
      MARKET POWER IN SPECIFIC RETAIL MARKETS";

10)   Article 16 shall be deleted;

11)   Article 17 shall be amended as follows:

      (a)   paragraph 1 shall be replaced by the following:

            "1.   Member States shall ensure that national regulatory authorities impose
                  appropriate regulatory obligations on undertakings identified as having
                  significant market power on a given retail market in accordance with
                  Article 14 of Directive 2002/21/EC (Framework Directive) where:

                  (a)   as a result of a market analysis carried out in accordance with Article
                        16 of Directive 2002/21/EC (Framework Directive), a national
                        regulatory authority determines that a given retail market identified
                        in accordance with Article 15 of that Directive is not effectively
                        competitive; and

                  (b)   the national regulatory authority concludes that obligations imposed
                        under Articles 9 to 13 of Directive 2002/19/EC (Access Directive)
                        would not result in the achievement of the objectives set out in
                        Article 8 of Directive 2002/21/EC (Framework Directive).";

      (b)   paragraph 3 shall be deleted;

12)   Articles 18 and 19 shall be deleted;

13)   Articles 20 to 23 shall be replaced by the following:

                                                                                PE 426.182\ 101


                                                                                                  EN
              "Article 20
              Contracts

              1.       Member States shall ensure that, when subscribing to services providing
                       connection to a public communications network and/or publicly available
                       electronic communications services, consumers, and other end-users so
                       requesting, have a right to a contract with an undertaking or undertakings
                       providing such connection and/or services. The contract shall specify in a clear,
                       comprehensive and easily accessible form at least:

                       (a)   the identity and address of the undertaking;

                       (b)   the services provided, including in particular,

                             –     whether or not access to emergency services and caller location
                                   information is being provided, and/or any limitations on the
                                   provision of emergency services under Article 26,

                             –     information on any other conditions limiting access to and/or use of
                                   services and applications, where such conditions are allowed under
                                   national law in accordance with Community law,

                             –     the minimum service quality levels offered, namely the time for the
                                   initial connection and, where appropriate, other quality of service
                                   parameters, as defined by the national regulatory authorities,

                             –     information on any procedures put in place by the undertaking to
                                   measure and shape traffic so as to avoid filling or overfilling a
                                   network link and on how those procedures could impact on service
                                   quality,

                             –     the types of maintenance service offered and customer support
                                   services provided, as well as the means of contacting these services,

                             –     any restrictions imposed by the provider on the use of terminal
                                   equipment supplied;

                       (c)   where an obligation exists under Article 25, the subscriber's options as to
                             whether or not to include his or her personal data in a directory, and the
                             data concerned;

                       (d)   details of prices and tariffs, the means by which up-to-date information on
                             all applicable tariffs and maintenance charges may be obtained, payment
                             methods offered and any differences in costs due to payment method;

                       (e)   the duration of the contract and the conditions for renewal and termination
                             of services and of the contract, including:

                             –     any minimum usage or duration required to benefit from
                                   promotional terms,

                             –     any charges related to portability of numbers and other identifiers,

     102 /PE 426.182


EN
           –     any charges due on termination of the contract, including any cost
                 recovery with respect to terminal equipment;

     (f)   any compensation and the refund arrangements which apply if contracted
           service quality levels are not met;

     (g)   the means of initiating procedures for the settlement of disputes in
           accordance with Article 34;

     (h)   the type of action that might be taken by the undertaking in reaction to
           security or integrity incidents or threats and vulnerabilities.

     Member States may also require that the contract include any information which
     may be provided by the relevant public authorities for this purpose on the use of
     electronic communications networks and services to engage in unlawful
     activities or to disseminate harmful content, and on the means of protection
     against risks to personal security, privacy and personal data, referred to in
     Article 21(4) and relevant to the service provided.

2.   Member States shall ensure that subscribers have a right to withdraw from their
     contract without penalty upon notice of modification to the contractual
     conditions proposed by the undertakings providing electronic communications
     networks and/or services. Subscribers shall be given adequate notice, not shorter
     than one month, of any such modification, and shall be informed at the same
     time of their right to withdraw, without penalty, from their contract if they do not
     accept the new conditions. Member States shall ensure that national regulatory
     authorities are able to specify the format of such notifications.

Article 21
Transparency and publication of information

1.   Member States shall ensure that national regulatory authorities are able to oblige
     undertakings providing public electronic communications networks and/or
     publicly available electronic communications services to publish transparent,
     comparable, adequate and up-to-date information ▌on applicable prices and
     tariffs, any charges due on termination of a contract and information on
     standard terms and conditions in respect of access to, and use of services
     provided by them to end-users and consumers in accordance with Annex II.
     Such information shall be published in a clear, comprehensive and easily
     accessible form. National regulatory authorities may specify additional
     requirements regarding the form in which such information is to be published ▌.

2.   National regulatory authorities shall encourage the provision of comparable
     information to enable end-users and consumers to make an independent
     evaluation of the cost of alternative usage patterns, for instance by means of
     interactive guides or similar techniques. Where such facilities are not available
     on the market free of charge or at a reasonable price, Member States shall
     ensure that national regulatory authorities are able to make such guides or
     techniques available themselves or through third party procurement. Third
     parties shall have a right to use, free of charge, the information published by
     undertakings providing electronic communications networks and/or publicly

                                                                          PE 426.182\ 103


                                                                                            EN
                       available electronic communications services for the purposes of selling or
                       making available such interactive guides or similar techniques.

              3.       Member States shall ensure that national regulatory authorities are able to oblige
                       undertakings providing public electronic communications networks and/or
                       publicly available electronic communications services to inter alia:

                       (a)   provide applicable tariff information to subscribers regarding any number
                             or service subject to particular pricing conditions; with respect to
                             individual categories of services, national regulatory authorities may
                             require such information to be provided immediately prior to connecting
                             the call;

                       (aa) inform subscribers of any change to access to emergency services or
                            caller location information in the service they have subscribed to;

                       (b)   inform subscribers of any change to conditions limiting access to and/or
                             use of services and applications, where such conditions are allowed
                             under national law in accordance with Community law;

                       (ba) provide information on any procedures put in place by the provider in
                            order to measure and shape traffic so as to avoid filling or overfilling a
                            network link, and on how those procedures may impact on service
                            quality;

                       (c)   inform subscribers of their right to determine whether or not to include
                             their personal data in a directory, and of the types of data concerned, in
                             accordance with Article 12 of Directive 2002/58/EC (Directive on privacy
                             and electronic communications); and

                       (d)   regularly inform disabled subscribers of details of products and services
                             designed for them.

                       If deemed appropriate, national regulatory authorities may promote self- or
                       co-regulatory measures prior to imposing any obligation.

              4.       Member States may require that undertakings referred to in paragraph 3
                       distribute public interest information free of charge to existing and new
                       subscribers, where appropriate, through the same means as those ordinarily
                       used by the undertakings for their communications with subscribers. In such
                       case, that information shall be provided by the relevant public authorities in a
                       standardised format and shall, inter alia, cover the following topics:

                       (a)   the most common uses of electronic communications services to engage in
                             unlawful activities or to disseminate harmful content, particularly where it
                             may prejudice respect for the rights and freedoms of others, including
                             infringements of copyright and related rights, and their legal consequences;
                             and

                       (b)   the means of protection against risks to personal security, privacy and
                             personal data when using electronic communications services.


     104 /PE 426.182


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      Article 22
      Quality of service

      1.    Member States shall ensure that national regulatory authorities are, after taking
            account of the views of interested parties, able to require undertakings that
            provide publicly available electronic communications networks and/or services
            to publish comparable, adequate and up-to-date information for end-users on the
            quality of their services and on measures taken to ensure equivalence in access
            for disabled end-users. That information shall, on request, be supplied to the
            national regulatory authority in advance of its publication.

      2.    National regulatory authorities may specify, inter alia, the quality of service
            parameters to be measured and the content, form and manner of the information
            to be published, including possible quality certification mechanisms, in order to
            ensure that end-users, including disabled end-users, have access to
            comprehensive, comparable, reliable and user-friendly information. Where
            appropriate, the parameters, definitions and measurement methods set out in
            Annex III may be used.
      3.    In order to prevent the degradation of service and the hindering or slowing down
            of traffic over networks, Member States shall ensure that national regulatory
            authorities are able to set minimum quality of service requirements on an
            undertaking or undertakings providing public communications networks.
            National regulatory authorities shall provide the Commission, in good time
            before setting any such requirements, with a summary of the grounds for
            action, the envisaged requirements and the proposed course of action. This
            information shall also be made available to BEREC. The Commission may,
            having examined such information, make comments or recommendations
            thereupon, in particular to ensure that the requirements do not adversely affect
            the functioning of the internal market. National regulatory authorities shall
            take the utmost account of the Commission's comments or recommendations
            when deciding on the requirements.

      Article 23
      Availability of services

      Member States shall take all necessary measures to ensure the fullest possible
      availability of publicly available telephone services provided over public
      communications networks in the event of catastrophic network breakdown or in cases
      of force majeure. Member States shall ensure that undertakings providing publicly
      available telephone services take all necessary measures to ensure uninterrupted access
      to emergency services.";

14)   the following Article shall be inserted:

      "Article 23a
      Ensuring equivalence in access and choice for disabled end-users

      1.    Member States shall enable relevant national authorities to specify, where
            appropriate, requirements to be met by undertakings providing publicly available
            electronic communication services to ensure that disabled end-users:

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                                                                                                  EN
                       (a)   can have access to electronic communications services equivalent to that
                             enjoyed by the majority of end-users; and

                       (b)   benefit from the choice of undertakings and services available to the
                             majority of end-users.

              2.       In order to be able to adopt and implement specific arrangements for disabled
                       end-users, Member States shall encourage the availability of terminal equipment
                       offering the necessary services and functions.";

     15)      Article 25 shall be amended as follows:

              (a)      the title shall be replaced by the following:

                       "Telephone directory enquiry services";

              (b)      paragraph 1 shall be replaced by the following:

                       "1.   Member States shall ensure that subscribers to publicly available telephone
                             services have the right to have an entry in the publicly available directory
                             referred to in Article 5(1)(a) and to have their information made available
                             to providers of directory enquiry services and/or directories in accordance
                             with paragraph 2.";

              (c)      paragraphs 3, 4 and 5 shall be replaced by the following:

                       "3.   Member States shall ensure that all end-users provided with a publicly
                             available telephone service can access directory enquiry services. National
                             regulatory authorities shall be able to impose obligations and conditions on
                             undertakings that control access of end-users for the provision of directory
                             enquiry services in accordance with the provisions of Article 5 of
                             Directive 2002/19/EC (Access Directive). Such obligations and conditions
                             shall be objective, equitable, non-discriminatory and transparent.

                       4.    Member States shall not maintain any regulatory restrictions which prevent
                             end-users in one Member State from accessing directly the directory
                             enquiry service in another Member State by voice call or SMS, and shall
                             take measures to ensure such access in accordance with Article 28.

                       5.    Paragraphs 1 to 4 shall apply subject to the requirements of Community
                             legislation on the protection of personal data and privacy and, in particular,
                             Article 12 of Directive 2002/58/EC (Directive on privacy and electronic
                             communications).";

     16)      Articles 26 and 27 shall be replaced by the following:

              "Article 26
              Emergency services and the single European emergency call number

              1.       Member States shall ensure that all end-users of the service referred to in
                       paragraph 2, including users of public pay telephones, are able to call the
                       emergency services free of charge and without having to use any means of

     106 /PE 426.182


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     payment, by using the single European emergency call number "112" and any
     national emergency call number specified by Member States.

2.   Member States, in consultation with national regulatory authorities,
     emergency services and providers, shall ensure that undertakings providing
     end-users with an electronic communications service for originating national
     calls to a number or numbers in a national telephone numbering plan provide
     access to emergency services.

3.   Member States shall ensure that calls to the single European emergency call
     number "112" are appropriately answered and handled in the manner best suited
     to the national organisation of emergency systems. Such calls shall be answered
     and handled at least as expeditiously and effectively as calls to the national
     emergency number or numbers, where these continue to be in use.

4.   Member States shall ensure that access for disabled end-users to emergency
     services is equivalent to that enjoyed by other end-users. Measures taken to
     ensure that disabled end-users are able to access emergency services whilst
     travelling in other Member States shall be based to the greatest extent possible
     on European standards or specifications published in accordance with the
     provisions of Article 17 of Directive 2002/21/EC (Framework Directive), and
     they shall not prevent Member States from adopting additional requirements in
     order to pursue the objectives set out in this Article.

5.   Member States shall ensure that ▌undertakings concerned make caller location
     information available free of charge to the authority handling emergency calls as
     soon as the call reaches that authority. This shall apply to all calls to the single
     European emergency call number "112". Member States may extend this
     obligation to cover calls to national emergency numbers. Competent regulatory
     authorities shall lay down criteria for the accuracy and reliability of the
     location information provided.

6.   Member States shall ensure that citizens are adequately informed about the
     existence and use of the single European emergency call number "112", in
     particular through initiatives specifically targeting persons travelling between
     Member States.
7.   In order to ensure the effective access to “112” services in the Member States,
     the Commission, having consulted BEREC, may adopt technical implementing
     measures. However, these technical implementing measures shall be adopted
     without prejudice to, and shall have no impact on, the organisation of
     emergency services, which remains of the exclusive competence of Member
     States.
     Those measures, designed to amend non-essential elements of this Directive by
     supplementing it, shall be adopted in accordance with the regulatory procedure
     with scrutiny referred to in Article 37(2).

Article 27
European telephone access codes



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                                                                                            EN
              1.       Member States shall ensure that the "00" code is the standard international access
                       code. Special arrangements for making calls between locations adjacent to one
                       another across borders between Member States may be established or continued.
                       End-users in the locations concerned shall be fully informed of
                       such arrangements.

              1a.      A legal entity, established within the Community and designated by the
                       Commission, shall have sole responsibility for the management, including
                       number assignment, and promotion of the European Telephony Numbering
                       Space (ETNS). The Commission shall adopt the necessary implementing rules.

              2.       Member States shall ensure that all undertakings that provide publicly available
                       telephone services allowing international calls handle all calls to and from the ║
                       ETNS at rates similar to those applied for calls to and from other Member
                       States.";

     17)      the following Article shall be inserted:

              "Article 27a
              Harmonised numbers for harmonised services of social value, including the missing
              children hotline number

              1.       Member States shall promote the specific numbers in the numbering range
                       beginning with "116" identified by Commission Decision 2007/116/EC of
                       15 February 2007 on reserving the national numbering range beginning with
                       "116" for harmonised numbers for harmonised services of social value*. They
                       shall encourage the provision within their territory of the services for which such
                       numbers are reserved.

              2.       Member States shall ensure that disabled end-users are able to access services
                       provided under the "116" numbering range to the greatest extent possible.
                       Measures taken to facilitate disabled end-users' access to such services whilst
                       travelling in other Member States shall be based on compliance with relevant
                       standards or specifications published in accordance with ║ Article 17 of
                       Directive 2002/21/EC (Framework Directive).

              3.       Member States shall ensure that citizens are adequately informed of the existence
                       and use of services provided under the "116" numbering range, in particular
                       through initiatives specifically targeting persons travelling between
                       Member States.

              4.       Member States shall, in addition to measures of general applicability to all
                       numbers in the "116" numbering range taken pursuant to paragraphs 1, 2, and 3,
                       make every effort to ensure that citizens have access to a service operating a
                       hotline to report cases of missing children. The hotline shall be available on the
                       number 116000.
              5.       In order to ensure the effective implementation of the '116' numbering range,
                       in particular the missing children hotline number 116000, in the Member
                       States, including access for disabled end-users when travelling in other
                       Member States, the Commission, having consulted BEREC, may adopt


     108 /PE 426.182


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            technical implementing measures. However, these technical implementing
            measures shall be adopted without prejudice to, and shall have no impact on,
            the organisation of these services, which remains of the exclusive competence
            of Member States.
            Those measures, designed to amend non-essential elements of this Directive by
            supplementing it, shall be adopted in accordance with the regulatory procedure
            with scrutiny referred to in Article 37(2).

      ___________

      *     OJ L 49, 17.2.2007, p. 30.";

18)   Article 28 shall be replaced by the following:

      "Article 28
      Access to numbers and services

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

            (a)   access and use services using non-geographic numbers within the
                  Community; and

            (b)   access all numbers provided in the Community, regardless of the
                  technology and devices used by the operator, including those in the
                  national numbering plans of Member States, those from the ETNS and
                  Universal International Freephone Numbers (UIFN).

      2.    Member States shall ensure that the relevant authorities are able to require
            undertakings providing public communications networks and/or publicly
            available electronic communications services to block, on a case-by-case basis,
            access to numbers or services where this is justified by reasons of fraud or
            misuse and to require that in such cases providers of electronic communications
            services withhold relevant interconnection or other service revenues.";

19)   Article 29 shall be amended as follows:

      (a)   paragraph 1 shall be replaced by the following:
            "1.   Without prejudice to Article 10(2), Member States shall ensure that
                  national regulatory authorities are able to require all undertakings that
                  provide publicly available telephone services and/or access to public
                  communications networks to make available all or part of the additional
                  facilities listed in Part B of Annex I, subject to technical feasibility and
                  economic viability, as well as all or part of the additional facilities listed
                  in Part A of Annex I.";
      (b)   paragraph 3 shall be deleted;

20)   Article 30 shall be replaced by the following:

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                                                                                                    EN
              "Article 30
              Facilitating change of provider

              1.       Member States shall ensure that all subscribers with numbers from the national
                       telephone numbering plan who so request can retain their number(s)
                       independently of the undertaking providing the service in accordance with the
                       provisions of Part C of Annex I.

              2.       National regulatory authorities shall ensure that pricing between operators and/or
                       service providers related to the provision of number portability is cost-oriented,
                       and that direct charges to subscribers, if any, do not act as a disincentive for
                       subscribers against changing service provider.

              3.       National regulatory authorities shall not impose retail tariffs for the porting of
                       numbers in a manner that would distort competition, such as by setting specific
                       or common retail tariffs.

              4.       Porting of numbers and their subsequent activation shall be carried out within the
                       shortest possible time. In any case, subscribers who have concluded an
                       agreement to port a number to a new undertaking shall have that number
                       activated within one working day.

                       Without prejudice to the first subparagraph, competent national authorities may
                       establish the global process of porting of numbers, taking into account national
                       provisions on contracts, technical feasibility and the need to maintain continuity
                       of service to the subscriber. In any event, loss of service during the process of
                       porting shall not exceed one working day. Competent national authorities shall
                       also take into account, where necessary, measures ensuring that subscribers are
                       protected throughout the switching process and are not switched against their
                       will.

                       Member States shall ensure that appropriate sanctions on undertakings are
                       provided for, including an obligation to compensate subscribers in case of
                       delay in porting or abuse of porting by them or on their behalf.

              5.       Member States shall ensure that contracts concluded between consumers and
                       undertakings providing electronic communications services do not mandate an
                       initial commitment period that exceeds 24 months. Member States shall also
                       ensure that undertakings offer users the possibility to subscribe to a contract
                       with a maximum duration of 12 months.

              6.       Without prejudice to any minimum contractual period, Member States shall
                       ensure that conditions and procedures for contract termination do not act as a
                       disincentive against changing service provider.";

     21)      Article 31(1) shall be replaced by the following:

              "1.      Member States may impose reasonable "must carry" obligations, for the
                       transmission of specified radio and television broadcast channels and
                       complementary services, particularly accessibility services to enable appropriate
                       access for disabled end-users, on undertakings under their jurisdiction providing


     110 /PE 426.182


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                electronic communications networks used for the distribution of radio or
                television broadcast channels to the public where a significant number of end-
                users of such networks use them as their principal means to receive radio and
                television broadcast channels. Such obligations shall only be imposed where they
                are necessary to meet general interest objectives as clearly defined by each
                Member State and shall be proportionate and transparent.

                The obligations referred to in the first subparagraph shall be reviewed by the
                Member States at the latest within one year of ...+, except where Member States
                have carried out such a review within the previous two years.

                Member States shall review "must carry" obligations on a regular basis.";

22)       Article 33 shall be amended as follows:

          (a)   paragraph 1 shall be replaced by the following:

                "1.    Member States shall ensure as far as appropriate that national regulatory
                       authorities take account of the views of end-users, consumers (including, in
                       particular, disabled consumers), manufacturers and undertakings that
                       provide electronic communications networks and/or services on issues
                       related to all end-user and consumer rights concerning publicly available
                       electronic communications services, in particular where they have a
                       significant impact on the market.

                       In particular, Member States shall ensure that national regulatory
                       authorities establish a consultation mechanism ensuring that in their
                       decisions on issues related to end-user and consumer rights concerning
                       publicly available electronic communications services, due consideration is
                       given to consumer interests in electronic communications.";

          (b)   the following paragraph shall be added:

                "3.    Without prejudice to national rules in conformity with Community law
                       promoting cultural and media policy objectives, such as cultural and
                       linguistic diversity and media pluralism, national regulatory authorities and
                       other relevant authorities may promote cooperation between undertakings
                       providing electronic communications networks and/or services and sectors
                       interested in the promotion of lawful content in electronic communication
                       networks and services. That cooperation may also include coordination of
                       the public interest information to be provided pursuant to Article 21(4) and
                       Article 20(1).";

23)       Article 34(1) shall be replaced by the following:

          "1.   Member States shall ensure that transparent, non-discriminatory, simple and
                inexpensive out-of-court procedures are available for dealing with unresolved
                disputes between consumers and undertakings providing electronic
                communications networks and/or services arising under this Directive and

+
      The date referred to in Article 4(1).

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                                                                                                       EN
                       relating to the contractual conditions and/or performance of contracts concerning
                       the supply of those networks and/or services. Member States shall adopt
                       measures to ensure that such procedures enable disputes to be settled fairly and
                       promptly and may, where warranted, adopt a system of reimbursement and/or
                       compensation. Such procedures shall enable disputes to be settled impartially
                       and shall not deprive the consumer of the legal protection afforded by national
                       law. Member States may extend these obligations to cover disputes involving
                       other end-users.";

     24)      Article 35 shall be replaced by the following:

              "Article 35
              Adaptation of annexes

              Measures designed to amend non-essential elements of this Directive and necessary to
              adapt Annexes I, II, III, and VI to technological developments or changes in market
              demand shall be adopted by the Commission in accordance with the regulatory
              procedure with scrutiny referred to in Article 37(2).";

     25)      Article 36(2) shall be replaced by the following:

              "2.      National regulatory authorities shall notify to the Commission the universal
                       service obligations imposed upon undertakings designated as having universal
                       service obligations. Any changes affecting these obligations or of the
                       undertakings affected under the provisions of this Directive shall be notified to
                       the Commission without delay.";

     26)      Article 37 shall be replaced by the following:

              "Article 37
              Committee procedure

              1.       The Commission shall be assisted by the Communications Committee set up
                       under Article 22 of Directive 2002/21/EC (Framework Directive).

              2.       Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of
                       Decision 1999/468/EC shall apply, having regard to the provisions of Article 8
                       thereof.";

     27)      Annexes I, II, III shall be replaced by the text appearing in Annex I to this Directive,
              and Annex VI shall be replaced by the text appearing in Annex II to this Directive;

     28)      Annex VII shall be deleted.


                                            Article 2
      Amendments to Directive 2002/58/EC (Directive on privacy and electronic communications)

     Directive 2002/58/EC (Directive on privacy and electronic communications) is hereby amended
     as follows:

     1)       Article 1(1) and (2) shall be replaced by the following:

     112 /PE 426.182


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     "1.   This Directive provides for the harmonisation of the national provisions required
           to ensure an equivalent level of protection of fundamental rights and freedoms,
           and in particular the right to privacy and confidentiality, with respect to the
           processing of personal data in the electronic communication sector and to ensure
           the free movement of such data and of electronic communication equipment and
           services in the Community.

     2.    The provisions of this Directive particularise and complement Directive
           95/46/EC on the protection of individuals with regard to the processing of
           personal data and on the free movement of such data for the purposes
           mentioned in paragraph 1. Moreover, they provide for protection of the
           legitimate interests of subscribers who are legal persons.";

2)   Article 2 shall be amended as follows:

     (a)   point (c) shall be replaced by the following:

           "(c) "location data" means any data processed in an electronic communications
                network or by an electronic communications service, indicating the
                geographic position of the terminal equipment of a user of a publicly
                available electronic communications service;";

     (b)   point (e) shall be deleted;

     (c)   the following point shall be added:

           "(h) "personal data breach" means a breach of security leading to the accidental
                or unlawful destruction, loss, alteration, unauthorised disclosure of, or
                access to, personal data transmitted, stored or otherwise processed in
                connection with the provision of a publicly available electronic
                communications service in the Community.";

3)   Article 3 shall be replaced by the following:

     "Article 3
     Services concerned

     This Directive shall apply to the processing of personal data in connection with the
     provision of publicly available electronic communications services in public
     communications networks in the Community, including public communications
     networks supporting data collection and identification devices.";

4)   Article 4 shall be amended as follows:

     (a)   the title shall be replaced by the following:

           "Security of processing";

     (b)   the following paragraph shall be inserted:

           "1a. Without prejudice to Directive 95/46/EC, the measures referred to in
                paragraph 1 shall at least:

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                                                                                                 EN
                             – ensure that personal data can be accessed only by authorised personnel
                             for legally authorised purposes;

                             – protect personal data stored or transmitted against accidental or
                             unlawful destruction, accidental loss or alteration, and unauthorised or
                             unlawful storage, processing, access or disclosure; and

                             – ensure the implementation of a security policy with respect to the
                             processing of personal data.

                             Relevant national authorities shall be able to audit the measures taken by
                             providers of publicly available electronic communication services and to
                             issue recommendations about best practices concerning the level of
                             security which those measures should achieve.";

             (ba)      the following paragraphs shall be added:

                       "3.   In the case of a personal data breach, the provider of publicly available
                             electronic communications services shall, without undue delay, notify the
                             personal data breach to the competent national authority ▌.

                             When the personal data breach is likely to adversely affect the personal
                             data and privacy of a subscriber or an individual, the provider ▌shall also
                             notify ▌the subscriber or individual of the breach without undue delay.
                             Notification of a personal data breach to a subscriber or individual
                             concerned shall not be required if the provider has demonstrated to the
                             satisfaction of the competent authority that it has implemented
                             appropriate technological protection measures, and those measures were
                             applied to the data concerned by the security breach. Such technological
                             protection measures shall render the data unintelligible to any person
                             who is not authorized to access the data.

                             Without prejudice to the provider's obligation to notify subscribers and
                             individuals concerned, if the provider has not already notified the
                             subscriber or individual of the personal data breach, the competent
                             national authority, having considered the likely adverse effects of the
                             breach, may require it to do so.
                             The notification to the subscriber or individual shall at least describe the
                             nature of the personal data breach and the contact points where more
                             information can be obtained, and shall recommend measures to mitigate
                             the possible adverse effects of the personal data breach. The notification to
                             the competent national authority shall, in addition, describe the
                             consequences of, and the measures proposed or taken by the provider to
                             address, the personal data breach.
                       4.    Subject to any technical implementing measures adopted under
                             paragraph 5, the competent national authorities may adopt guidelines
                             and, where necessary, issue instructions concerning the circumstances in
                             which notification by providers of personal data breaches ▌is required, the
                             format of such notification and the manner in which the notification is to


     114 /PE 426.182


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                 be made. They shall also be able to audit whether providers have
                 complied with their notification obligations under this paragraph and
                 impose appropriate sanctions in the event of a failure to do so.

                 Providers shall maintain an inventory of personal data breaches,
                 comprising the facts surrounding such breaches, their effects and the
                 remedial action taken, sufficient for the purpose of enabling the
                 competent national authorities to verify compliance with the provisions
                 of paragraph 3. The inventory shall only include the information
                 necessary for this purpose.
           5.    In order to ensure consistency in implementation of the measures referred
                 to in paragraphs 2, 3 and 4, the Commission may, following consultation
                 with the European Network and Information Security Agency (ENISA),
                 the Working Party on the Protection of Individuals with regard to the
                 Processing of Personal Data established by Article 29 of Directive
                 95/46/EC and the European Data Protection Supervisor, adopt technical
                 implementing measures concerning ▌the circumstances, format and
                 procedures applicable to the information and notification requirements
                 referred to in this Article. The Commission shall involve all relevant
                 stakeholders in order particularly to be informed of the best available
                 technical and economic means of implementation of this Article.

                 Those measures, designed to amend non-essential elements of this
                 Directive by supplementing it, shall be adopted in accordance with the
                 regulatory procedure with scrutiny referred to in Article 14a(2).";

5)   Article 5(3) shall be replaced by the following:

         "3.     Member States shall ensure that the storing of information, or the gaining
                 of access to information already stored, in the terminal equipment of a
                 subscriber or user is only allowed on condition that the subscriber or user
                 concerned has given his/her consent, having been provided with clear
                 and comprehensive information, in accordance with Directive 95/46/EC,
                 inter alia about the purposes of the processing ▌. This shall not prevent
                 any technical storage or access for the sole purpose of carrying out ▌the
                 transmission of a communication over an electronic communications
                 network, or as strictly necessary in order for the provider of an
                 information society service explicitly requested by the subscriber or user
                 to provide the service.";

6)   ▌paragraph 3 of Article 6 shall be replaced by the following:

           ▌

           "3.   For the purpose of marketing electronic communications services or for the
                 provision of value added services, the provider of a publicly available
                 electronic communications service may process the data referred to in
                 paragraph 1 to the extent and for the duration necessary for such services
                 or marketing, if the subscriber or user to whom the data relate has given his


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                             or her prior consent. Users or subscribers shall be given the possibility to
                             withdraw their consent for the processing of traffic data at any time.";

                       ▌

     7)       Article 13 shall be replaced by the following:

              "Article 13
              Unsolicited communications

              1.       The use of automated calling and communication systems without human
                       intervention (automatic calling machines), facsimile machines (fax) or electronic
                       mail ▌for the purposes of direct marketing may be allowed only in respect of
                       subscribers or users who have given their prior consent.

              2.       Notwithstanding paragraph 1, where a natural or legal person obtains from its
                       customers their electronic contact details for electronic mail, in the context of the
                       sale of a product or a service, in accordance with Directive 95/46/EC, the same
                       natural or legal person may use these electronic contact details for direct
                       marketing of its own similar products or services provided that customers clearly
                       and distinctly are given the opportunity to object, free of charge and in an easy
                       manner, to such use of electronic contact details at the time of their collection
                       and on the occasion of each message in case the customer has not initially
                       refused such use.

              3.       Member States shall take appropriate measures to ensure that unsolicited
                       communications for the purposes of direct marketing, in cases other than those
                       referred to in paragraphs 1 and 2, are not allowed either without the consent of
                       the subscribers or users concerned or in respect of subscribers or users who do
                       not wish to receive these communications, the choice between these options to
                       be determined by national legislation, taking into account that both options must
                       be free of charge for the subscriber or user.

              4.       In any event, the practice of sending electronic mail for the purposes of direct
                       marketing disguising or concealing the identity of the sender on whose behalf the
                       communication is made, or in contravention of Article 6 of Directive
                       2000/31/EC, or without a valid address to which the recipient may send a request
                       that such communications cease, or encouraging recipients to visit websites that
                       contravene Article 6 of Directive 2000/31/EC, shall be prohibited.

              5.       Paragraphs 1 and 3 shall apply to subscribers who are natural persons. Member
                       States shall also ensure, in the framework of Community law and applicable
                       national legislation, that the legitimate interests of subscribers other than natural
                       persons with regard to unsolicited communications are sufficiently protected.

              6.       Without prejudice to any administrative remedy for which provision may be
                       made, inter alia, under Article 15a(2), Member States shall ensure that any
                       natural or legal person adversely affected by infringements of national provisions
                       adopted pursuant to this Article and therefore having a legitimate interest in the
                       cessation or prohibition of such infringements, including an electronic
                       communications service provider protecting its legitimate business interests, may


     116 /PE 426.182


EN
                bring legal proceedings in respect of such infringements. Member States may
                also lay down specific rules on penalties applicable to providers of electronic
                communications services which by their negligence contribute to infringements
                of national provisions adopted pursuant to this Article.";

7a)       the following Article shall be inserted:

         "Article 14a

         Committee procedure

         1.      The Commission shall be assisted by the Communications Committee set up by
                 Article 22 of Directive 2002/21/EC (Framework Directive).

         2.      Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of
                 Decision 1999/468/EC shall apply, having regard to the provisions of Article 8
                 thereof.

         3.      Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and
                 Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions
                 of Article 8 thereof.";

7b)       in Article 15, the following paragraph shall be inserted:

        "1b.     Providers shall establish internal procedures for responding to requests for
                 access to users' personal data based on national provisions adopted pursuant
                 to paragraph 1. They shall provide the competent national authority, on
                 demand, with information on those procedures, the number of requests
                 received, the legal justification invoked and the response by the provider.";

8)        the following Article shall be inserted:

          "Article 15a
          Implementation and enforcement

          1.    Member States shall lay down the rules on penalties, including sanctions where
                appropriate, applicable to infringements of the national provisions adopted
                pursuant to this Directive and shall take all measures necessary to ensure that
                they are implemented. The penalties provided for must be effective,
                proportionate and dissuasive and may be applied to cover the period of any
                breach, even where the breach has subsequently been rectified. The Member
                States shall notify those provisions to the Commission by ...+, and shall notify it
                without delay of any subsequent amendment affecting them.

          2.    Without prejudice to any judicial remedy which might be available, Member
                States shall ensure that the competent national authority and, where relevant,
                other national bodies have the power to order the cessation of the infringements
                referred to in paragraph 1.



+
      The date referred to in Article 4(1).

                                                                                     PE 426.182\ 117


                                                                                                       EN
               3.      Member States shall ensure that the competent national authority and, where
                       relevant, other national bodies have the necessary investigative powers and
                       resources, including the power to obtain any relevant information they might
                       need to monitor and enforce national provisions adopted pursuant to this
                       Directive.
               4.      The relevant national regulatory authorities may adopt measures in order to
                       ensure effective cross-border cooperation in the enforcement of the national laws
                       adopted pursuant to this Directive and to create harmonised conditions for the
                       provision of services involving cross-border data flows ▌.

                       The national regulatory authorities shall provide the Commission, in good
                       time before adopting any such measures, with a summary of the grounds for
                       action, the envisaged measures and the proposed course of action. The
                       Commission may, having examined such information and consulted the
                       European Network and Information Security Agency (ENISA) and the
                       Working Party on the Protection of Individuals with regard to the Processing
                       of Personal Data established by Article 29 of Directive 95/46/EC, make
                       comments or recommendations thereupon, in particular to ensure that the
                       measures do not adversely affect the functioning of the internal market.
                       National regulatory authorities shall take the utmost account of the
                       Commission's comments or recommendations when deciding on the
                       measures.".

                                                Article 3
                                Amendment to Regulation (EC) No 2006/2004
     In the Annex to Regulation (EC) No 2006/2004 (the Regulation on consumer protection
     cooperation), the following point shall be added:
     "17.      Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002
               concerning the processing of personal data and the protection of privacy in the
               electronic communications sector (Directive on privacy and electronic
               communications): Article 13 (OJ L 201, 31.7.2002, p. 37).".


                                                    Article 4
                                                  Transposition

     1.        Member States shall adopt and publish by …* the laws, regulations and administrative
               provisions necessary to comply with this Directive. They shall forthwith communicate
               to the Commission the text of those measures.

               They shall apply those measures from …...**.

               When Member States adopt those measures, they shall contain a reference to this
               Directive or be accompanied by such a reference on the occasion of their official
               publication. The methods of making such reference shall be laid down by the Member
               States.

     *
            18 months from the date of adoption.
     **
            18 months plus one day from the date of adoption.

     118 /PE 426.182


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2.        Member States shall communicate to the Commission the text of the main provisions
          of national law which they adopt in the field covered by this Directive.


                                             Article 5
                                          Entry into force


This Directive shall enter into force on the day following that of its publication in the Official
Journal of the European Union.


                                             Article 6
                                            Addressees
This Directive is addressed to the Member States.
Done at



For the European Parliament                   For the Council
The President                                 The President




                                                                                     PE 426.182\ 119


                                                                                                       EN
                                                                                               ANNEX I

                                                   "ANNEX I

                       DESCRIPTION OF FACILITIES AND SERVICES
               REFERRED TO IN ARTICLE 10 (CONTROL OF EXPENDITURE),
           ARTICLE 29 (ADDITIONAL FACILITIES) AND ARTICLE 30 (FACILITATING
                               CHANGE OF PROVIDER)

                                                      Part A
                                 Facilities and services referred to in Article 10
     (a)      Itemised billing

              Member States are to ensure that national regulatory authorities, subject to the
              requirements of relevant legislation on the protection of personal data and privacy,
              may lay down the basic level of itemised bills which are to be provided by
              ▌undertakings ▌to subscribers free of charge in order that they can:

              (i)      allow verification and control of the charges incurred in using the public
                       communications network at a fixed location and/or related publicly available
                       telephone services; and

              (ii)     adequately monitor their usage and expenditure and thereby exercise a
                       reasonable degree of control over their bills.

              Where appropriate, additional levels of detail may be offered to subscribers at
              reasonable tariffs or at no charge.

              Calls which are free of charge to the calling subscriber, including calls to helplines, are
              not to be identified in the calling subscriber's itemised bill.

     (b)      Selective barring for outgoing calls or premium SMS or MMS, or, where technically
              feasible, other kinds of similar applications, free of charge

              i.e. the facility whereby the subscriber can, on request to the designated undertaking
              that provides telephone services, bar outgoing calls or premium SMS or MMS or other
              kinds of similar applications of defined types or to defined types of numbers free of
              charge.

     (c)      Pre-payment systems

              Member States are to ensure that national regulatory authorities may require
              designated undertakings to provide means for consumers to pay for access to the public
              communications network and use of publicly available telephone services on pre-paid
              terms.

     (d)      Phased payment of connection fees




     120 /PE 426.182


EN
       Member States are to ensure that national regulatory authorities may require designated
       undertakings to allow consumers to pay for connection to the public communications
       network on the basis of payments phased over time.

(e)    Non payment of bills

       Member States are to authorise specified measures, which are to be proportionate,
       non-discriminatory and published, to cover non-payment of telephone bills issued by
       undertakings designated in accordance with Article 8. These measures are to ensure
       that due warning of any consequent service interruption or disconnection is given to
       the subscriber beforehand. Except in cases of fraud, persistent late payment or
       non-payment, these measures are to ensure, as far as is technically feasible that any
       service interruption is confined to the service concerned. Disconnection for
       non-payment of bills should take place only after due warning is given to the
       subscriber. Member States may allow a period of limited service prior to complete
       disconnection, during which only calls that do not incur a charge to the subscriber (e.g.
       "112" calls) are permitted.

(ea)   Tariff advice

       i.e. the facility whereby subscribers may request the undertaking to inform of
       alternative lower-cost tariffs, if available.

(eb)   Cost control

       i.e. the facility whereby undertakings offer other means, if so determined as
       appropriate by national regulatory authorities, to control the costs of publicly
       available telephone services, including free of charge alerts to consumers in case of
       abnormal and excessive consumption patterns.

                                             Part B

                              Facilities referred to in Article 29

(a)    Tone dialling or DTMF (dual-tone multi-frequency operation)

       i.e. the public communications network and/or publicly available telephone services
       supports the use of DTMF tones as defined in ETSI ETR 207 for end-to-end signalling
       throughout the network both within a Member State and between Member States.

(b)    Calling-line identification

       i.e. the calling party's number is presented to the called party prior to the call being
       established.

       This facility should be provided in accordance with relevant legislation on protection
       of personal data and privacy, in particular Directive 2002/58/EC (Directive on privacy
       and electronic communications).

       To the extent technically feasible, operators should provide data and signals to
       facilitate the offering of calling-line identity and tone dialling across Member State
       boundaries.

                                                                                    PE 426.182\ 121


                                                                                                      EN
                                                   Part C

               Implementation of the number portability provisions referred to in Article 30
     The requirement that all subscribers with numbers from the national numbering plan, who so
     request can retain their number(s) independently of the undertaking providing the service shall
     apply:
     (a)      in the case of geographic numbers, at a specific location; and

     (b)      in the case of non-geographic numbers, at any location.
     This Part does not apply to the porting of numbers between networks providing services at a
     fixed location and mobile networks.




                                                 ANNEX II

            INFORMATION TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 21
                 (TRANSPARENCY AND PUBLICATION OF INFORMATION)
     The national regulatory authority has a responsibility to ensure that the information in this
     Annex is published, in accordance with Article 21. It is for the national regulatory authority to
     decide which information is to be published by the undertakings providing public
     communications networks and/or publicly available telephone services and which information
     is to be published by the national regulatory authority itself, so as to ensure that consumers are
     able to make informed choices.
     1.       Name(s) and address(es) of undertaking(s)

              i.e. names and head office addresses of undertakings providing public communications
              networks and/or publicly available telephone services.

     2.       Description of services offered

     2.1.     Scope of services offered

     2.2.     Standard tariffs indicating the services provided and the content of each tariff element
              (e.g. charges for access, all types of usage charges, maintenance charges), and
              including details of standard discounts applied and special and targeted tariff schemes
              and any additional charges, as well as costs with respect to terminal equipment.

     2.3.     Compensation/refund policy, including specific details of any compensation/refund
              schemes offered.

     2.4.     Types of maintenance service offered.

     2.5.     Standard contract conditions, including any minimum contractual period, termination
              of the contract and procedures and direct charges related to the portability of numbers
              and other identifiers, if relevant.


     122 /PE 426.182


EN
3.      Dispute settlement mechanisms, including those developed by the undertaking.

4.      Information about rights as regards universal service, including, where appropriate, the
        facilities and services mentioned in Annex I.




                                          ANNEX III

                              QUALITY OF SERVICE PARAMETERS

               SUPPLY-TIME AND QUALITY-OF-SERVICE PARAMETERS,
                   DEFINITIONS AND MEASUREMENT METHODS
                        REFERRED TO ARTICLES 11 AND 22

For undertakings providing access to a public communications network

 PARAMETER                      DEFINITION                     MEASUREMENT METHOD
 (Note 1)
 Supply time for initial        ETSI EG 202 057                ETSI EG 202 057
 connection
 Fault rate per access line     ETSI EG 202 057                ETSI EG 202 057
 Fault repair time              ETSI EG 202 057                ETSI EG 202 057


For undertakings providing a publicly available telephone service
 Call set up time            ETSI EG 202 057                  ETSI EG 202 057
 (Note 2)
 Response times for          ETSI EG 202 057                  ETSI EG 202 057
 directory enquiry services
 Proportion of coin and    ETSI EG 202 057                ETSI EG 202 057
 card operated public pay-
 telephones in working
 order
 Bill correctness          ETSI EG 202 057                ETSI EG 202 057
 complaints
 Unsuccessful call ratio   ETSI EG 202 057                ETSI EG 202 057
 (Note 2)
Version number of ETSI EG 202 057-1 is 1.2.1 (October 2005)

Note 1
Parameters should allow for performance to be analysed at a regional level (i.e. no less than
level 2 in the Nomenclature of Territorial Units for Statistics (NUTS) established by Eurostat).



                                                                                   PE 426.182\ 123


                                                                                                     EN
     Note 2
     Member States may decide not to require up-to-date information concerning the performance
     for these two parameters to be kept if evidence is available to show that performance in these
     two areas is satisfactory."




                                                                                               ANNEX II

                                                  "ANNEX VI

                       INTEROPERABILITY OF DIGITAL CONSUMER EQUIPMENT
                                  REFERRED TO IN ARTICLE 24

     1.       Common scrambling algorithm and free-to-air reception

              All consumer equipment intended for the reception of conventional digital television
              signals (i.e. broadcasting via terrestrial, cable or satellite transmission which is
              primarily intended for fixed reception, such as DVB-T, DVB-C or DVB-S), for sale or
              rent or otherwise made available in the Community, capable of descrambling digital
              television signals, is to possess the capability to:

              –        allow the descrambling of such signals according to a common European
                       scrambling algorithm as administered by a recognised European standards
                       organisation, currently ETSI;

              –        display signals that have been transmitted in the clear provided that, in the event
                       that such equipment is rented, the rentee is in compliance with the relevant rental
                       agreement.

     2.       Interoperability for analogue and digital television sets

              Any analogue television set with an integral screen of visible diagonal greater than 42
              cm which is put on the market for sale or rent in the Community is to be fitted with at
              least one open interface socket, as standardised by a recognised European standards
              organisation, e.g. as given in the CENELEC EN 50 049-1:1997 standard, permitting
              simple connection of peripherals, especially additional decoders and digital receivers.

              Any digital television set with an integral screen of visible diagonal greater than 30 cm
              which is put on the market for sale or rent in the Community is to be fitted with at least
              one open interface socket (either standardised by, or conforming to a standard adopted
              by, a recognised European standards organisation, or conforming to an industry-wide
              specification) e.g. the DVB common interface connector, permitting simple connection
              of peripherals, and able to pass all the elements of a digital television signal, including
              information relating to interactive and conditionally accessed services."




     124 /PE 426.182


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                                                                                  ANNEX


                        Commission declaration on universal service

                              Recital (3a) - Universal Service

The Commission takes note of the text of recital (3a) agreed by the European Parliament and
the Council.

The Commission wishes in this context to reaffirm that, as stated in its Communication COM
(2008) 572 of 25 September 2008 on the scope of universal service in electronic
communications networks and services, it will in the course of 2009 promote an extensive
debate at EU level that will examine a wide range of alternative approaches and allow all
interested parties to express their views.

The Commission will summarise the debate in a Communication addressed to the European
Parliament and Council and will bring forward by 1 May 2010 such proposals in regard to the
Universal Service Directive as may be necessary.




                                                                             PE 426.182\ 125


                                                                                               EN
                           Commission declaration on data breach notification

                                Article 2(h) and 4(3) - ePrivacy Directive

     The reform of the Regulatory Framework for Electronic Communications introduces a new
     concept to EU data protection and privacy rules: a mandatory notification of personal data
     breaches by providers of electronic communications services and networks. It is an important
     step towards enhanced security and privacy protection, although at this stage it remains limited
     to the electronic communications sector.

     The Commission takes note of the will of the European Parliament that an obligation to notify
     personal data breaches should not be limited to the electronic communications sector but also
     apply to entities such as providers of information society services. Such an approach would be
     fully aligned with the overall public policy goal of enhancing the protection of EU citizens’
     personal data, and their ability to take action in the event of such data being compromised.

     In this context, the Commission wishes to reaffirm its view, as stated in the course of the
     negotiations on the reform of the Regulatory Framework, that the obligation for providers of
     publicly available electronic communications services to notify personal data breaches makes it
     appropriate to extend the debate to generally applicable breach notification requirements.

     The Commission will, therefore, without delay initiate the appropriate preparatory work,
     including consultation with stakeholders, with a view to presenting proposals in this area, as
     appropriate, by the end of 2011. In addition, the Commission will consult with the European
     Data Protection Supervisor on the potential for the application, with immediate effect, in other
     sectors of the principles embodied in the data breach notification rules in Directive 2002/58/EC,
     regardless of the sector or type of data concerned.




     126 /PE 426.182


EN
P6_TA-PROV(2009)0361

Electronic communications networks and services ***II
European Parliament legislative resolution of 6 May 2009 on the Council common
position for adopting a directive of the European Parliament and of the Council amending
Directives 2002/21/EC on a common regulatory framework for electronic communications
networks and services, 2002/19/EC on access to, and interconnection of, electronic
communications networks and associated facilities, and 2002/20/EC on the authorisation
of electronic communications networks and services (16496/1/2008 – C6-0066/2009 –
2007/0247(COD))


(Codecision procedure: second reading)

The European Parliament,

– having regard to the Council common position (16496/1/2008 – C6 0066/2009),

– having regard to its position at first reading1 on the Commission proposal to Parliament and
  the Council (COM(2007)0697),

– having regard to the amended Commission proposal (COM(2008)0724),

– having regard to Article 251(2) of the EC Treaty,

– having regard to Rule 62 of its Rules of Procedure,

– having regard to the recommendation for second reading of the Committee on Industry,
  Research and Energy (A6-0272/2009),

1. Approves the common position as amended;

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




1
     Texts adopted, P6_TA(2008)0449.

                                                                                  PE 426.182\ 127


                                                                                                    EN
     P6_TC2-COD(2007)0247

     Position of the European Parliament adopted at second reading on 6 May 2009 with a
     view to the adoption of a Directive 2009/.../EC of the European Parliament and of the
     Council amending Directives 2002/21/EC on a common regulatory framework for
     electronic communications networks and services, 2002/19/EC on access to, and
     interconnection of, electronic communications networks and associated facilities, and
     2002/20/EC on the authorisation of electronic communications networks and services


     [Amendment 1, unless otherwise indicated]

     THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

     Having regard to the Treaty establishing the European Community, and in particular Article 95
     thereof,

     Having regard to the proposal from the Commission,

     Having regard to the Opinion of the European Economic and Social Committee1,

     Having regard to the Opinion of the Committee of the Regions2,

     Acting in accordance with the procedure laid down in Article 251 of the Treaty3,

     Whereas:

     (1)    The functioning of the five directives comprising the existing EU regulatory framework
            for electronic communications networks and services (Directive 2002/21/EC
            (Framework Directive)4, Directive 2002/19/EC (Access Directive)5, Directive
            2002/20/EC (Authorisation Directive)6, Directive 2002/22/EC of the European
            Parliament and of the Council of 7 March 2002 on universal service and users' rights
            relating to electronic communications networks and services (Universal Service
            Directive)7, and Directive 2002/58/EC of the European Parliament and of the Council of
            12 July 2002 concerning the processing of personal data and the protection of privacy in
            the electronic communications sector (Directive on privacy and electronic
            communications)8 (together referred to as "the Framework Directive and the Specific
            Directives")) is subject to periodic review by the Commission, with a view in particular
            to determining the need for modification in the light of technological and market
            developments.

     1
            OJ C 224, 30.8.2008, p. 50.
     2
            OJ C 257, 9.10.2008, p. 51.
     3
            Opinion of the European Parliament of 24 September 2008 (not yet published in the Official
            Journal), Council Common Position of 16 February 2009 (not yet published in the Official
            Journal) and Position of the European Parliament of 6 May 2009.
     4
            OJ L 108, 24.4.2002, p. 33.
     5
            OJ L 108, 24.4.2002, p. 7.
     6
            OJ L 108, 24.4.2002, p. 21.
     7
            OJ L 108, 24.4.2002, p. 51.
     8
            OJ L 201, 31.7.2002, p. 37.

     128 /PE 426.182


EN
(2)    In that regard, the Commission presented its initial findings in its Communication of
       29 June 2006 on the review of the EU regulatory framework for electronic
       communications networks and services. On the basis of these initial findings, a public
       consultation was held, which identified the continued lack of an internal market for
       electronic communications as the most important aspect needing to be addressed. In
       particular, regulatory fragmentation and inconsistencies between the activities of the
       national regulatory authorities were found to jeopardise not only the competitiveness of
       the sector, but also the substantial consumer benefits from cross-border competition.

(3)    The EU regulatory framework for electronic communications networks and services
       should therefore be reformed in order to complete the internal market for electronic
       communications by strengthening the Community mechanism for regulating operators
       with significant market power in the key markets. This is complemented by Regulation
       (EC) No …/2009 of the European Parliament and of the Council of ... [establishing the
       Body of European Regulators for Electronic Communications and the Office]+. The
       reform also includes the definition of an efficient and coordinated spectrum
       management strategy in order to achieve a single European information space and the
       reinforcement of provisions for users with disabilities in order to obtain an inclusive
       information society.

(3a)   Recognising that the internet is essential for education and for the practical exercise
       of freedom of expression and access to information, any restriction imposed on the
       exercise of these fundamental rights should be in accordance with the European
       Convention for the Protection of Human Rights and Fundamental Freedoms.
       Concerning those issues, the Commission should start a wide public consultation.
       [Amendment 12]

(4)    The aim is progressively to reduce ex ante sector specific rules as competition in the
       markets develops and, ultimately, for electronic communications to be governed by
       competition law only. Considering that the markets for electronic communications have
       shown strong competitive dynamics in recent years, it is essential that ex ante regulatory
       obligations should only be imposed where there is no effective and sustainable
       competition.

(4a)   In carrying out its reviews of the functioning of the Framework Directive and the
       Specific Directives, the Commission should assess whether, in the light of
       developments in the market and with regard to both competition and consumer
       protection, there is continued need for the provisions on sector specific ex ante
       regulation laid down in Articles 8 to 13a of Directive 2002/19/EC (Access Directive)
       and Article 17 of Directive 2002/22/EC (Universal Service Directive) or whether they
       should be amended or repealed.

(5)    In order to ensure a proportionate and adaptable approach to varying competitive
       conditions, national regulatory authorities should be able to define markets on a sub-
       national basis and to lift regulatory obligations in markets and/or geographic areas
       where there is effective infrastructure competition.

(6)    In order to achieve the goals of the Lisbon Agenda it is necessary to give appropriate
       incentives for investment in new high-speed networks that will support innovation in
+
       OJ: Please insert number, date and publication reference of that Regulation.

                                                                                      PE 426.182\ 129


                                                                                                        EN
            content-rich internet services and strengthen the international competitiveness of the
            European Union. Such networks have enormous potential to deliver benefits to
            consumers and businesses across the European Union. It is therefore vital to promote
            sustainable investment in the development of these new networks, while safeguarding
            competition and boosting consumer choice through regulatory predictability and
            consistency.

     (6a)   In its Communication of 20 March 2006 entitled “Bridging the Broadband Gap”1, the
            Commission acknowledged that there is a territorial divide in the European Union
            regarding access to high-speed broadband services. Easier access to radio spectrum
            will facilitate the development of high-speed broadband services in remote regions.
            Despite the general increase in broadband connectivity, access in various regions is
            limited on account of high costs resulting from low population densities and
            remoteness. In order to ensure investment in new technologies in underdeveloped
            regions, electronic communications regulation should be consistent with other
            policies, such as state aid policy, cohesion policy or the aims of wider industrial
            policy.

     (6b)   Public investment in networks should be made in accordance with the principle of
            non-discrimination. In so doing, public support should be given by means of open,
            transparent and competitive procedures.

     (7)    In order to allow national regulatory authorities to meet the objectives set out in the
            Framework Directive and the Specific Directives, in particular concerning end-to-end
            interoperability, the scope of the Framework Directive should be extended to cover
            certain aspects of radio equipment and telecommunications terminal equipment as
            defined in Directive 1999/5/EC of the European Parliament and of the Council of
            9 March 1999 on radio equipment and telecommunications terminal equipment and the
            mutual recognition of their conformity2 and consumer equipment used for digital
            television, in order to facilitate access for disabled users.

     (8)    Certain definitions should be clarified or changed to take account of market and
            technological developments and to eliminate ambiguities identified in implementing the
            regulatory framework.

     (9)    The independence of the national regulatory authorities should be strengthened in order
            to ensure a more effective application of the regulatory framework and to increase their
            authority and the predictability of their decisions. To this end, express provision should
            be made in national law to ensure that, in the exercise of its tasks, a national regulatory
            authority responsible for ex ante market regulation or for resolution of disputes between
            undertakings is protected against external intervention or political pressure liable to
            jeopardise its independent assessment of matters coming before it. Such outside
            influence makes a national legislative body unsuited to act as a national regulatory
            authority under the regulatory framework. For that purpose, rules should be laid down at
            the outset regarding the grounds for the dismissal of the head of the national regulatory
            authority in order to remove any reasonable doubt as to the neutrality of that body and
            its imperviousness to external factors. It is important that national regulatory authorities
            responsible for ex ante market regulation should have their own budget allowing them,
     1
            OJ C 151, 29.6.2006, p. 15.
     2
            OJ L 91, 7.4.1999, p. 10.

     130 /PE 426.182


EN
       in particular, to recruit a sufficient number of qualified staff. In order to ensure
       transparency, this budget should be published annually.

(10)   In order to ensure legal certainty for market players, appeal bodies should carry out their
       functions effectively; in particular, appeals proceedings should not be unduly lengthy.
       Interim measures suspending the effect of the decision of a national regulatory
       authority should be granted only in urgent cases in order to prevent serious and
       irreparable damage to the party applying for those measures and if the balance of
       interests so requires.

(11)   There has been a wide divergence in the manner in which appeal bodies have applied
       interim measures to suspend the decisions of the national regulatory authorities. In order
       to achieve greater consistency of approach common standards should be applied in line
       with Community jurisprudence. Appeal bodies should also be entitled to request
       available information published by BEREC. Given the importance of appeals for the
       overall operation of the regulatory framework, a mechanism should be set up for
       collecting information on appeals and decisions to suspend decisions taken by the
       regulatory authorities in all the Member States and for the reporting of that information
       to the Commission.

(12)   In order to ensure that national regulatory authorities carry out their regulatory tasks in
       an effective manner, the data which they gather should include accounting data on the
       retail markets that are associated with wholesale markets where an operator has
       significant market power and as such are regulated by the national regulatory authority.
       The data should also include data which enables the national regulatory authority to
       assess the possible impact of planned upgrades or changes to network topology on the
       development of competition or on wholesale products made available to other parties.

(13)   The national consultation provided for under Article 6 of the Framework Directive
       should be conducted prior to the Community consultation provided for under Articles 7
       and -7a of that Directive, in order to allow the views of interested parties to be reflected
       in the Community consultation. This would also avoid the need for a second Community
       consultation in the event of changes to a planned measure as a result of the national
       consultation.

(14)   The discretion of national regulatory authorities needs to be reconciled with the
       development of consistent regulatory practices and the consistent application of the
       regulatory framework in order to contribute effectively to the development and
       completion of the internal market. National regulatory authorities should therefore
       support the internal market activities of the Commission and those of BEREC.

(15)   The Community mechanism allowing the Commission to require national regulatory
       authorities to withdraw planned measures concerning market definition and the
       designation of operators having significant market power has contributed significantly to
       a consistent approach in identifying the circumstances in which ex ante regulation may
       be applied and those in which the operators are subject to such regulation. Monitoring of
       the market by the Commission and, in particular, the experience of the procedure under
       Article 7 of the Framework Directive, has shown that inconsistencies in the national
       regulatory authorities' application of remedies, even under similar market conditions,
       could undermine the internal market in electronic communications. Therefore the
       Commission may participate in ensuring a higher level of consistency in the application

                                                                                    PE 426.182\ 131


                                                                                                      EN
            of remedies by adopting opinions on draft measures proposed by national regulatory
            authorities. In order to benefit from the expertise of national regulatory authorities on
            the market analysis, the Commission should consult BEREC prior to adoption of its
            decisions and/or opinion.

     (16)   It is important that the regulatory framework is implemented in a timely manner. When
            the Commission has taken a decision requiring a national regulatory authority to
            withdraw a planned measure, national regulatory authorities should submit a revised
            measure to the Commission. A deadline should be laid down for the notification of the
            revised measure to the Commission under Article 7 of the Framework Directive in order
            to allow market players to know the duration of the market review and in order to
            increase legal certainty.

     (17)   Having regard to the short time limits in the Community consultation mechanism,
            powers should be conferred on the Commission to adopt recommendations and/or
            guidelines to simplify the procedures for exchanging information between the
            Commission and national regulatory authorities, for example in cases concerning stable
            markets, or involving only minor changes to previously notified measures. Powers
            should also be conferred on the Commission in order to allow for the introduction of a
            notification exemption so as to streamline procedures in certain cases.

     (18)   In line with the objectives of the Charter of Fundamental Rights of the European Union
            and the United Nations Convention on the Rights of Persons with Disabilities, the
            regulatory framework should ensure that all users, including disabled end-users, the
            elderly, and users with special social needs, have easy access to affordable high quality
            services. Declaration 22 annexed to the final Act of Amsterdam provides that the
            institutions of the Community shall take account of the needs of persons with a
            disability in drawing up measures under Article 95 of the Treaty.

     (18a) A competitive market will provide users with a wide choice of content, applications
           and services. National regulatory authorities should promote users' ability to access
           and distribute information and to run applications and services.

     (19)   Radio frequencies should be considered a scarce public resource that has an important
            public and market value. It is in the public interest that ║ spectrum is managed as
            efficiently and effectively as possible from an economic, social and environmental
            perspective, taking ▌ account of the important role of radio spectrum for electronic
            communications, of the objectives of cultural diversity and media pluralism, and of
            social and territorial cohesion. Obstacles to its efficient use should therefore be
            gradually withdrawn.

     (19a) Radio spectrum policy activities in the European Community should be without
           prejudice to measures taken at Community or national level, in compliance with
           Community law, to pursue general interest objectives, in particular with regard to
           content regulation and audio-visual and media policies, and the right of Member
           States to organise and use their radio spectrum for the purposes of public order,
           public security and defence.

     (19b) Taking into account the different situation in Member States, the switchover from
           analogue to digital terrestrial television would, as a result of the superior transmission


     132 /PE 426.182


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       efficiency of digital technology, increase the availability of valuable spectrum in the
       European Community (known as the "digital dividend").

(20)   Before a specific harmonisation measure under Decision No 676/2002/EC of the
       European Parliament and of the Council of 7 March 2002 on a regulatory framework for
       radio spectrum policy in the European Community (Radio Spectrum Decision)1 is
       proposed, the Commission should carry out an impact assessments on the costs and
       benefits of the proposed measure, such as the realisation of economies of scale and the
       interoperability of services for the benefit of consumers, the impact on efficiency of
       spectrum use, or the demand for harmonised use in the different parts of the
       European Union.

(21)   Although spectrum management remains within the competence of the Member States,
       strategic planning, coordination and, where appropriate, harmonisation at Community
       level can help ensure that spectrum users derive the full benefits of the internal market
       and that EU interests can be effectively defended globally. For these purposes, where
       appropriate, legislative multiannual radio spectrum policy programmes should be
       established to set out the policy orientations and objectives for the strategic planning
       and harmonisation of the use of radio spectrum in the Community. These policy
       orientations and objectives may refer to the availability and efficient use of radio
       spectrum necessary for the establishment and functioning of the internal market and
       may also refer, in appropriate cases, to the harmonisation of procedures for the
       granting of general authorisations or individual rights of use for radio frequencies
       where necessary to overcome barriers to the internal market. These policy orientations
       and objectives should be in accordance with the provisions of this Directive and the
       Specific Directives.

(21a) The Commission has indicated its intention to amend, before the entry into force of
      this Directive, Commission Decision 2002/622/EC of 26 July 2002 establishing a
      Radio Spectrum Policy Group2 so that it provides a mechanism for the European
      Parliament and the Council to request opinions or reports, either orally or in writing,
      from the Radio Spectrum Policy Group (RSPG) on spectrum policy relating to
      electronic communications, and so that RSPG advises the Commission on the
      proposed content of the radio spectrum policy programmes.

(22)   The spectrum management provisions of this Directive should be consistent with the
       work of international and regional organisations dealing with radio spectrum
       management, such as the International Telecommunications Union (ITU) and the
       European Conference of Postal and Telecommunications Administrations (CEPT), so as
       to ensure the efficient management of and harmonisation of the use of spectrum across
       the Community and between the Member States and other members of the ITU.

(23)   Radio frequencies should be managed so as to ensure that harmful interference is
       avoided. This basic concept of harmful interference should therefore be properly defined
       to ensure that regulatory intervention is limited to the extent necessary to prevent such
       interference.



1
       OJ L 108, 24.4.2002, p. 1.
2
       OJ L 198, 27.7.2002, p. 49.

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                                                                                                   EN
     (24)   The current spectrum management and distribution system is generally based on
            administrative decisions that are insufficiently flexible to cope with technological and
            economic evolution, in particular with the rapid development of wireless technology and
            the increasing demand for bandwidth. The undue fragmentation amongst national
            policies results in increased costs and lost market opportunities for spectrum users, and
            slows down innovation, to the detriment of the internal market, consumers and the
            economy as a whole. Moreover, the conditions for access to, and use of, radio
            frequencies may vary according to the type of operator, while electronic services
            provided by these operators increasingly overlap, thereby creating tensions between
            rights holders, discrepancies in the cost of access to spectrum, and potential distortions
            in the functioning of the internal market.

     (25)   National borders are increasingly irrelevant in determining optimal radio spectrum use.
            Fragmentation of the management of access to spectrum rights limits investment and
            innovation and does not allow operators and equipment manufacturers to realise
            economies of scale, thereby hindering the development of an internal market for
            electronic communications networks and services using radio spectrum.

     (26)   Flexibility in spectrum management and access to spectrum should be increased through
            technology and service-neutral authorisations to allow spectrum users to choose the best
            technologies and services to apply in frequency bands declared available for electronic
            communications services in the relevant national frequency allocation plans in
            accordance with Community law (the "principles of technology and service
            neutrality"). The administrative determination of technologies and services should apply
            when general interest objectives are at stake and should be clearly justified and subject
            to regular periodic review.

     (27)   Restrictions on the principle of technology neutrality should be appropriate and justified
            by the need to avoid harmful interference, for example by imposing emission masks and
            power levels, to ensure the protection of public health by limiting public exposure to
            electromagnetic fields, to ensure the proper functioning of services through an adequate
            level of technical quality of service, while not necessarily precluding the possibility of
            using more than one service in the same frequency band, to ensure proper sharing of
            spectrum, in particular where its use is only subject to general authorisations, to
            safeguard efficient use of spectrum, or to fulfil a general interest objective in conformity
            with Community law.

     (28)   Spectrum users should also be able to freely choose the services they wish to offer over
            the spectrum subject to transitional measures to cope with previously acquired rights.
            On the other hand, measures should be allowed which require the provision of a
            specific service to meet clearly defined general interest objectives such as safety of life,
            the need to promote social, regional and territorial cohesion, or the avoidance of the
            inefficient use of spectrum to be permitted where necessary and proportionate. Those
            objectives should include the promotion of cultural and linguistic diversity and media
            pluralism as defined by Member States in conformity with Community law. Except
            where necessary to protect safety of life or, exceptionally, to fulfil other general interest
            objectives as defined by Member States in accordance with Community law,
            exceptions should not result in certain services having exclusive use, but should rather
            grant them priority so that, insofar as possible, other services or technologies may
            coexist in the same band


     134 /PE 426.182


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(29)   It lies within the competence of the Member States to define the scope and nature of any
       exception regarding the promotion of cultural and linguistic diversity and media
       pluralism.

(30)   As the allocation of spectrum to specific technologies or services is an exception to the
       principles of technology and service neutrality and reduces the freedom to choose the
       service provided or technology used, any proposal for such allocation should be
       transparent and subject to public consultation.

(31)   In the interests of flexibility and efficiency, national regulatory authorities may allow
       spectrum users freely to transfer or lease their usage rights to third parties. This would
       allow spectrum valuation by the market. In view of their power to ensure effective use
       of spectrum, national regulatory authorities should take action so as to ensure that
       trading does not lead to a distortion of competition where spectrum is left unused.

(32)   The introduction of technology and service neutrality and trading for existing spectrum
       usage rights may require transitional rules, including measures to ensure fair
       competition, as the new system may entitle certain spectrum users to start competing
       with spectrum users having acquired their spectrum rights under more burdensome
       terms and conditions. Conversely, where rights have been granted as a derogation
       from the general rules or according to criteria other than those which are objective,
       transparent, proportionate and non-discriminatory with a view to achieving a general
       interest objective, the situation of the holders of such rights should not in an
       unjustified manner be to the detriment of their new competitors beyond what is
       necessary to achieve such general interest objective or another related general interest
       objective.

(33)   In order to promote the functioning of the internal market and to support the
       development of cross-border services, the Commission should be given the power to
       adopt technical implementing measures in the field of numbering.

(34)   Permits issued to undertakings providing electronic communications networks and
       services allowing them to gain access to public or private property are essential factors
       for the establishment of electronic communications networks or new network elements.
       Unnecessary complexity and delay in the procedures for granting rights of way may
       therefore represent important obstacles to the development of competition.
       Consequently, the acquisition of rights of way by authorised undertakings should be
       simplified. National regulatory authorities should be able to coordinate the acquisition of
       rights of way, making relevant information accessible on their websites.

(35)   It is necessary to strengthen the powers of the Member States as regards holders of
       rights of way to ensure the entry or roll-out of a new network in a fair, efficient and
       environmentally responsible way and independently of any obligation on an operator
       with significant market power to grant access to its electronic communications network.
       Improving facility sharing can significantly improve competition and lower the overall
       financial and environmental cost of deploying electronic communications infrastructure
       for undertakings, particularly of new access networks. National regulatory authorities
       should be empowered to require that the holders of the rights to install facilities on, over
       or under public or private property share such facilities or property (including physical
       co-location) in order to encourage efficient investment in infrastructure and the
       promotion of innovation, after an appropriate period of public consultation, during

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                                                                                                      EN
            which all interested parties should be given the opportunity to state their views. Such
            sharing or coordination arrangements may include rules for apportioning the costs of the
            facility or property sharing and should ensure that there is an appropriate reward of risk
            for the undertakings concerned. National regulatory authorities should in particular be
            able to impose the sharing of network elements and associated facilities, such as ducts,
            conduits, masts, manholes, cabinets, antennae, towers and other supporting
            constructions, buildings or entries into buildings, and a better coordination of civil
            works. The competent authorities, particularly local authorities, should also establish
            appropriate coordination procedures, in cooperation with national regulatory authorities,
            with respect to public works and other appropriate public facilities or property which
            may include procedures that ensure that interested parties have information concerning
            appropriate public facilities or property and on-going and planned public works, that
            they are notified in a timely manner of such works, and that sharing is facilitated to the
            maximum extent possible.

     (36)   Reliable and secure communication of information over electronic communications
            networks is increasingly central to the whole economy and society in general. System
            complexity, technical failure or human mistake, accidents or attacks may all have
            consequences for the functioning and availability of the physical infrastructures that
            deliver important services to EU citizens, including e-Government services. National
            regulatory authorities should therefore ensure that the integrity and security of public
            communications networks are maintained. The European Network and Information
            Security Agency (ENISA)1 should contribute to the enhanced level of security of
            electronic communications by, among other things, providing expertise and advice, and
            promoting the exchange of best practices. Both ENISA and the national regulatory
            authorities should have the necessary means to perform their duties, including powers to
            obtain sufficient information in order to assess the level of security of networks or
            services as well as comprehensive and reliable data about actual security incidents that
            have had a significant impact on the operation of networks or services. Bearing in mind
            that the successful application of adequate security is not a one-off exercise but a
            continuous process of implementation, review and updating, the providers of electronic
            communications networks and services should be required to take measures to safeguard
            their integrity and security in accordance with the assessed risks, taking into account the
            state of the art of such measures.

     (36a) Member States should allow for an appropriate period of public consultation before
           the adoption of specific measures to ensure that undertakings providing public
           communications networks or publicly available electronic communications services
           take appropriate technical and organisational measures to appropriately manage risk
           to security of networks and services or to ensure the integrity of their networks.

     (37)   Where there is a need to agree on a common set of security requirements, power should
            be conferred on the Commission to adopt technical implementing measures to achieve
            an adequate level of security of electronic communications networks and services in the
            internal market. ENISA should contribute to the harmonisation of appropriate technical
            and organisational security measures by providing expert advice. National regulatory
            authorities should have the power to issue binding instructions relating to technical

     1
            Regulation (EC) No 460/2004 of the European Parliament and of the Council (OJ L 77,
            13.3.2004, p. 1).

     136 /PE 426.182


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       implementing measures adopted pursuant to the Framework Directive. In order to
       perform their duties, they should have the power to investigate cases of non-compliance
       and to impose penalties.

(37a) For the purposes of ensuring that there is no distortion or restriction of competition in
      the electronic communications markets, national regulatory authorities should be
      able to impose remedies aimed at preventing leverage of significant market power
      from one market to another, closely related, market. It should be clear that the
      undertaking which has significant market power on the first market may be
      designated as having significant market power on the second market only if the links
      between the two markets are such as to allow the market power held in the first
      market to be leveraged into the second market and if the second market is susceptible
      to ex ante regulation in accordance with the criteria defined in the Recommendation
      on relevant product and service markets1.

(38)   In order to provide market players with certainty as to regulatory conditions, a time limit
       for market reviews is necessary. It is important to conduct a market analysis on a regular
       basis and within a reasonable and appropriate timeframe. The timeframe should take
       account of whether the particular market has previously been subject to market analysis
       and duly notified. Failure by a national regulatory authority to analyse a market within
       the time limit may jeopardise the internal market, and normal infringement proceedings
       may not produce their desired effect on time. Alternatively, the national regulatory
       authority concerned should be able to request the assistance of BEREC to complete the
       market analysis. For instance, this assistance could take the form of a specific task force
       composed of representatives of other national regulatory authorities.

(39)   Due to the high level of technological innovation and highly dynamic markets in the
       electronic communications sector, there is a need to adapt regulation rapidly in a
       coordinated and harmonised way at Community level, as experience has shown that
       divergence among the national regulatory authorities in the implementation of the EU
       regulatory framework may create a barrier to the development of the internal market.

(40)   One important task assigned to BEREC is to adopt opinions in relation to cross-border
       disputes where appropriate. National regulatory authorities should therefore take
       account of any opinions of BEREC in such cases.

(41)   Experience in the implementation of the EU regulatory framework indicates that
       existing provisions empowering national regulatory authorities to impose fines have
       failed to provide an adequate incentive to comply with regulatory requirements.
       Adequate enforcement powers can contribute to the timely implementation of the EU
       regulatory framework and therefore foster regulatory certainty, which is an important
       driver for investment. The lack of effective powers in the event of non-compliance
       applies across the regulatory framework. The introduction of a new provision in the
       Framework Directive to deal with breaches of obligations under the Framework
       Directive and Specific Directives should therefore ensure the application of consistent

1
       Commission Recommendation of 11 February 2003 on Relevant Product and Service Markets
       within the electronic communications sector susceptible to ex ante regulation in accordance
       with Directive 2002/21/EC of the European Parliament and of the Council on a common
       regulatory framework for electronic communication networks and services (OJ L 114,
       8.5.2003, p. 45).

                                                                                   PE 426.182\ 137


                                                                                                     EN
            and coherent principles to enforcement and penalties for the whole EU regulatory
            framework.

     (42)   The existing EU regulatory framework includes certain provisions to facilitate the
            transition from the old regulatory framework of 1998 to the new 2002 framework. This
            transition has been completed in all Member States and these measures should be
            repealed as they are now redundant.

     (43)   Both efficient investment and competition should be encouraged in tandem, in order to
            increase economic growth, innovation and consumer choice.

     (43a) Competition can best be fostered through an economically efficient level of investment
           in new and existing infrastructure complemented by regulation wherever necessary to
           achieve effective competition in retail services. An efficient level of infrastructure-
           based competition is the extent of infrastructure duplication at which investors can
           reasonably be expected to make a fair return based on reasonable expectations about
           the evolution of market shares.

     (43b) When imposing obligations for access to new and enhanced infrastructures national
           regulatory authorities should ensure that access conditions reflect the circumstances
           underlying the investment decision, taking into account inter alia the roll-out costs,
           the expected rate of take up of the new products and services and the expected retail
           price levels. Moreover, in order to provide planning certainty to investors, national
           regulatory authorities should be able to set, if applicable, terms and conditions for
           access which are consistent over appropriate review periods. Such terms and
           conditions may include pricing arrangements which depend on volumes or length of
           contract in accordance with Community law and provided they have no
           discriminatory effect. Any access conditions imposed should respect the need to
           preserve effective competition in services to consumers and businesses.

      (43c) When assessing the proportionality of the obligations and conditions to be imposed,
            national regulatory authorities should take into account the different competitive
            conditions existing in the different areas within their Member States.

     (43d) When imposing remedies to control prices, national regulatory authorities should seek
           to allow a fair return for the investor on a particular new investment project. In
           particular there may be risks associated with investment projects specific to new
           access networks which support products for which demand is uncertain at the time the
           investment is made.

     (43e) Any Commission decision under Article 19(1) of the Framework Directive should be
           limited to regulatory principles, approaches and methodologies. For the avoidance of
           doubt, it should not prescribe detail which will normally need to reflect national
           circumstances, and it should not prohibit alternative approaches which can
           reasonably be expected to have equivalent effect. Such a decision should be
           proportionate and should not have an effect on decisions taken by national regulatory
           authorities that do not create a barrier to the internal market.

     (44)   Annex I to the Framework Directive identified the list of markets to be included in the
            Recommendation on relevant product and service markets which may warrant ex ante
            regulation. This Annex should be repealed since its purpose of serving as a basis for

     138 /PE 426.182


EN
       drawing up the initial version of the Recommendation on Relevant Product and Service
       Markets has been fulfilled.

(45)   It may not be economically viable for new entrants to duplicate the incumbent's local
       access network in part or in its entirety within a reasonable period of time. In this
       context, mandating unbundled access to the local loop or sub-loop of operators enjoying
       significant market power may facilitate market entry and increase competition in retail
       broadband access markets. In circumstances where unbundled access to local loop or
       sub-loop is not technically or economically feasible, relevant obligations for the
       provision of non-physical or virtual network access offering equivalent functionality
       may apply.

(46)   The purpose of functional separation, whereby the vertically integrated operator is
       required to establish operationally separate business entities, is to ensure the provision
       of fully equivalent access products to all downstream operators, including the operator's
       own vertically integrated downstream divisions. Functional separation has the capacity
       to improve competition in several relevant markets by significantly reducing the
       incentive for discrimination and by making it easier to verify and enforce compliance
       with non-discrimination obligations. In exceptional cases, functional separation may be
       justified as a remedy where there has been persistent failure to achieve effective non-
       discrimination in several of the markets concerned, and where there is little or no
       prospect of infrastructure competition within a reasonable timeframe after recourse to
       one or more remedies previously considered to be appropriate. However, it is very
       important to ensure that its imposition preserves the incentives of the concerned
       undertaking to invest in its network and that it does not entail any potential negative
       effects on consumer welfare. Its imposition requires a coordinated analysis of different
       relevant markets related to the access network, in accordance with the market analysis
       procedure set out in Article 16 of the Framework Directive. When undertaking the
       market analysis and designing the details of this remedy, national regulatory authorities
       should pay particular attention to the products to be managed by the separate business
       entities, taking into account the extent of network roll-out and the degree of
       technological progress, which may affect the substitutability of fixed and wireless
       services. In order to avoid distortions of competition in the internal market, proposals
       for functional separation should be approved in advance by the Commission.

(47)   The implementation of functional separation should not prevent appropriate
       coordination mechanisms between the different separate business entities in order to
       ensure that the economic and management supervision rights of the parent company are
       protected.

(48)   Continued integration of the internal market for electronic communications networks
       and services requires better coordination in the application of the ex ante regulation
       provided for under the EU regulatory framework for electronic communications.

(49)   Where a vertically integrated undertaking chooses to transfer a substantial part or all of
       its local access network assets to a separate legal entity under different ownership or by
       establishing a separate business entity for dealing with access products, the national
       regulatory authority should assess the effect of the intended transaction on all existing
       regulatory obligations imposed on the vertically integrated operator in order to ensure
       the compatibility of any new arrangements with Directive 2002/19/EC (Access


                                                                                  PE 426.182\ 139


                                                                                                    EN
            Directive) and Directive 2002/22/EC (Universal Service Directive). The national
            regulatory authority concerned should undertake a new analysis of the markets in which
            the segregated entity operates, and impose, maintain, amend or withdraw obligations
            accordingly. To this end, the national regulatory authority should be able to request
            information from the undertaking.

     (50)   While it is appropriate in some circumstances for a national regulatory authority to
            impose obligations on operators that do not have significant market power in order to
            achieve goals such as end-to-end connectivity or interoperability of services, it is
            however necessary to ensure that such obligations are imposed in conformity with the
            EU regulatory framework and, in particular, its notification procedures.

     (51)   The Commission should be empowered to adopt implementing measures with a view to
            adapting the conditions for access to digital television and radio services set out in
            Annex I to market and technological developments. This is also the case for the
            minimum list of items in Annex II that must be made public to meet the obligation of
            transparency.

     (52)   Facilitating access to radio frequency resources for market players will contribute to
            removing the barriers to market entry. Moreover, technological progress is reducing the
            risk of harmful interference in certain frequency bands and therefore reducing the need
            for individual rights of use. Conditions for the use of spectrum to provide electronic
            communication services should therefore normally be laid down in general
            authorisations unless individual rights are necessary, considering the use of the
            spectrum, to protect against harmful interference, to ensure technical quality of service,
            to safeguard efficient use of the spectrum or to meet a specific general interest objective.
            Decisions on the need for individual rights should be made in a transparent and
            proportionate manner.

     (53)   The introduction of the requirements of service and technology neutrality in granting
            rights of use, together with the increased possibility to transfer rights between
            undertakings, should increase the freedom and means to deliver electronic
            communications services to the public, thereby also facilitating the achievement of
            general interest objectives. However, certain general interest obligations imposed on
            broadcasters for the delivery of audiovisual media services may require the use of
            specific criteria for the granting of rights of use when it appears to be essential to meet a
            specific general interest objective set out by Member States in conformity with
            Community law. Procedures associated with the pursuit of general interest objectives
            should in all circumstances be transparent, objective, proportionate and non-
            discriminatory.

     (54)   Considering its restrictive impact on free access to radio frequencies, the validity of an
            individual right of use that is not tradable should be limited in time. Where rights of use
            contain provision for renewing their validity, competent national authorities should
            first carry out a review, including a public consultation, taking into account market,
            coverage and technological developments. In view of spectrum scarcity, individual
            rights granted to undertakings should be regularly reviewed. In carrying out this review,
            competent national authorities should balance the interests of the rights holders with the
            need to foster the introduction of spectrum trading as well as the more flexible use of
            spectrum through general authorisations where possible.


     140 /PE 426.182


EN
(54a) Minor amendments to rights and obligations are those amendments which are mainly
      administrative, do not change the substantial nature of the general authorisations and
      the individual rights of use and thus cannot cause any comparative advantage to the
      other undertakings.

(55)   Competent national authorities should have the power to ensure effective use of
       spectrum and, where spectrum resources are left unused, to take action to prevent anti-
       competitive hoarding, which can hinder new market entry.

(56)   National regulatory authorities should be able to take effective action to monitor and
       secure compliance with the terms and conditions of the general authorisation or of rights
       of use, including the power to impose effective financial or administrative penalties in
       the event of breaches of those terms and conditions.

(57)   The conditions that may be attached to authorisations should cover specific conditions
       governing accessibility for users with disabilities and the need of public authorities and
       emergency services to communicate between themselves and with the general public
       before, during and after major disasters. Also, considering the importance of technical
       innovation, Member States should be able to issue authorisations to use spectrum for
       experimental purposes, subject to specific restrictions and conditions strictly justified by
       the experimental nature of such rights.

(58)   Regulation (EC) No 2887/2000 of the European Parliament and of the Council of
       18 December 2000 on unbundled access to the local loop1 has proved to be effective in
       the initial stage of market opening. The Framework Directive calls upon the
       Commission to monitor the transition from the regulatory framework of 1998 to the
       2002 framework and to bring forward proposals to repeal that Regulation at an
       appropriate time. Under the 2002 framework, national regulatory authorities have a duty
       to analyse the market for wholesale unbundled access to metallic loops and sub-loops
       for the purpose of providing broadband and voice services as defined in the
       Recommendation on Relevant Product and Service Markets. Since all Member States
       have analysed this market at least once and the appropriate obligations based on the
       2002 framework are in place, Regulation (EC) No 2887/2000 has become unnecessary
       and should therefore be repealed.

(59)   Measures necessary for the implementation of the Framework, Access and
       Authorisation Directives should be adopted in accordance with Council Decision
       1999/468/EC of 28 June 1999 laying down the procedures for the exercise of
       implementing powers conferred on the Commission2.

(60)   In particular, the Commission should be empowered to adopt Recommendations and/or
       implementing measures in relation to the notifications under Article 7 of the Framework
       Directive; harmonisation in the fields of spectrum and numbering as well as in matters
       related to security of networks and services; the identification of the relevant product
       and service markets; the identification of trans-national markets; the implementation of
       standards and the harmonised application of the provisions of the regulatory framework.
       Power should also be conferred on the Commission to adopt implementing measures to
       update Annexes I and II to the Access Directive to market and technological

1
       OJ L 336, 30.12.2000, p. 4.
2
        OJ L 184, 17.7.1999, p. 23.

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                                                                                                      EN
            developments. Since those measures are of general scope and are designed to amend
            non-essential elements of these Directives, inter alia by supplementing them with new
            non-essential elements, they must be adopted in accordance with the regulatory
            procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC,

     HAVE ADOPTED THIS DIRECTIVE:

                                                    Article 1
                         Amendments to Directive 2002/21/EC (Framework Directive)

     Directive 2002/21/EC is hereby amended as follows:

     1)       Article 1(1) shall be replaced by the following:

              "1.      This Directive establishes a harmonised framework for the regulation of
                       electronic communications services, electronic communications networks,
                       associated facilities and associated services, and certain aspects of terminal
                       equipment to facilitate access for disabled users. It lays down tasks of national
                       regulatory authorities and establishes a set of procedures to ensure the
                       harmonised application of the regulatory framework throughout the Community.
                       ▌";

     2)       Article 2 shall be amended as follows:

              (a)      point (a) shall be replaced by the following:

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

              (b)      point (b) shall be replaced by the following:

                       "(b) "transnational markets" means markets identified in accordance with
                            Article 15(4) covering the Community or a substantial part thereof located
                            in more than one Member State.";

              (c)      point (d) shall be replaced by the following:

                       "(d) "public communications network" means an electronic communications
                            network used wholly or mainly for the provision of electronic
                            communications services available to the public which support the transfer
                            of information between network termination points;";

              (d)      the following point shall be inserted:

     142 /PE 426.182


EN
      "(da) "network termination point" (NTP) means the physical point at which a
            subscriber is provided with access to a public communications network; in
            the case of networks involving switching or routing, the NTP is identified
            by means of a specific network address, which may be linked to a
            subscriber number or name;";

(e)   point (e) shall be replaced by the following:

      "(e) "associated facilities" means those associated services, physical
           infrastructures and other facilities or elements associated with an electronic
           communications network and/or an electronic communications service
           which enable and/or support the provision of services via that network
           and/or service or have the potential to do so, and include inter alia
           buildings or entries to buildings, building wiring, antennae, towers and
           other supporting constructions, ducts, conduits, masts, manholes, and
           cabinets;

(f)   the following point shall be inserted:

      "(ea) "associated services" means those services associated with an electronic
            communications network and/or an electronic communications service
            which enable and/or support the provision of services via that network
            and/or service or have the potential to do so and include inter alia number
            translation or systems offering equivalent functionality, conditional access
            systems and electronic programme guides, as well as other services such as
            identity, location and presence service;";

(g)   point (l) shall be replaced by the following:

      "(l)   "Specific Directives" means Directive 2002/20/EC (Authorisation
             Directive), Directive 2002/19/EC (Access Directive),
             Directive 2002/22/EC (Universal Service Directive) and
             Directive 2002/58/EC of the European Parliament and of the Council of 12
             July 2002 concerning the processing of personal data and the protection of
             privacy in the electronic communications sector (Directive on privacy and
             electronic communications)*;

             _____________________
             *
                  OJ L 201, 31.7.2002, p. 37.";

(h)   the following points shall be added:

      "(q) "spectrum allocation" means the designation of a given frequency band for
           use by one or more types of radiocommunications services, where
           appropriate, under specified conditions;

      (r)    "harmful interference" means interference which endangers the functioning
             of a radionavigation service or of other safety services or which otherwise
             seriously degrades, obstructs or repeatedly interrupts a



                                                                          PE 426.182\ 143


                                                                                            EN
                             radiocommunications service operating in accordance with the applicable
                             international, Community or national regulations;

                       (s)   "call" means a connection established by means of a publicly available
                             electronic communications service allowing two-way voice
                             communication.";

     3)       Article 3 shall be amended as follows:

              (a)      paragraph (3) shall be replaced by the following:

                       "3.   Member States shall ensure that national regulatory authorities exercise
                             their powers impartially, transparently and in a timely manner. Member
                             States shall ensure that national regulatory authorities have adequate
                             financial and human resources to carry out the task assigned to them.";

              (b)      the following paragraphs shall be inserted:

                       "3a. Without prejudice to the provisions of paragraphs 4 and 5, national
                            regulatory authorities responsible for ex ante market regulation or for the
                            resolution of disputes between undertakings in accordance with Article 20
                            or 21 of this Directive shall act independently and shall not seek or take
                            instructions from any other body in relation to the exercise of these tasks
                            assigned to them under national law implementing Community law. This
                            shall not prevent supervision in accordance with national constitutional
                            law. Only appeal bodies set up in accordance with Article 4 shall have the
                            power to suspend or overturn decisions by the national regulatory
                            authorities. Member States shall ensure that the head of a national
                            regulatory authority, or where applicable, members of the collegiate body
                            fulfilling that function within a national regulatory authority referred to in
                            the first subparagraph or their replacements may be dismissed only if they
                            no longer fulfil the conditions required for the performance of their duties
                            which are laid down in advance in national law. The decision to dismiss
                            the head of the national regulatory authority concerned, or where
                            applicable members of the collegiate body fulfilling that function shall be
                            made public at the time of dismissal. The dismissed head of the national
                            regulatory authority, or where applicable, members of the collegiate body
                            fulfilling that function shall receive a statement of reasons and shall have
                            the right to request its publication, where this would not otherwise take
                            place, in which case it shall be published.

                             Member States shall ensure that national regulatory authorities referred to
                             in the first subparagraph have separate annual budgets. The budgets shall
                             be made public. Member States shall also ensure
                             that national regulatory authorities have adequate financial and human
                             resources to enable them actively to participate in and contribute to the
                             Body of European Regulators for Electronic Communications
                             (BEREC)*.




     144 /PE 426.182


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              3b.   Member States shall ensure that the goals of BEREC of promoting greater
                    regulatory coordination and coherence are actively supported by the
                    respective national regulatory authorities.

              3c.   Member States shall ensure that national regulatory authorities take utmost
                    account of opinions and common positions adopted by the BEREC when
                    adopting their own decisions for their national markets.

              ______________________________
              *
                    Regulation (EC) No …/2009 of the European Parliament and of the
                    Council of ... [establishing the Body of European Regulators for
                    Electronic Communications and the Office]";

4)     Article 4 shall be amended as follows:

       (a)    paragraph 1 shall be replaced by the following:

              "1.   Member States shall ensure that effective mechanisms exist at national
                    level under which any user or undertaking providing electronic
                    communications networks and/or services who is affected by a decision of
                    a national regulatory authority has the right of appeal against the decision
                    to an appeal body that is independent of the parties involved. This body,
                    which may be a court, shall have the appropriate expertise ▌ to enable it to
                    carry out its functions effectively. Member States shall ensure that the
                    merits of the case are duly taken into account and that there is an effective
                    appeal mechanism.

                    Pending the outcome of the appeal, the decision of the national regulatory
                    authority shall stand, unless interim measures are granted in accordance
                    with national law.";

       (b)    the following paragraph shall be added:

              "3.   Member States shall collect information on the general subject matter of
                    appeals, the number of requests for appeal, the duration of the appeal
                    proceedings and the number of decisions to grant interim measures.
                    Member States shall provide such information to the Commission and
                    BEREC after a reasoned request from either.";

5)   Article 5(1) shall be replaced by the following:

       "1.    Member States shall ensure that undertakings providing electronic
              communications networks and services provide all the information, including
              financial information, necessary for national regulatory authorities to ensure
              conformity with the provisions of, or decisions made in accordance with, this
              Directive and the Specific Directives. In particular, national regulatory
              authorities shall have the power to require those undertakings ▌to submit
              information concerning future network or service developments that could have
              an impact on the wholesale services that they make available to competitors.
              Undertakings with significant market power on wholesale markets may also be

                                                                                   PE 426.182\ 145


                                                                                                     EN
                       required to submit accounting data on the retail markets that are associated with
                       those wholesale markets.

                       Undertakings shall provide such information promptly upon request and in
                       conformity with the timescales and level of detail required by the national
                       regulatory authority. The information requested by the national regulatory
                       authority shall be proportionate to the performance of that task. The national
                       regulatory authority shall give the reasons justifying its request for information
                       and shall treat the information in accordance with paragraph 3.";

     6)       Articles 6 and 7 shall be replaced by the following:

              "Article 6
              Consultation and transparency mechanism

              Except in cases falling within Articles 7(9), 20, or 21, Member States shall ensure that,
              where national regulatory authorities intend to take measures in accordance with this
              Directive or the Specific Directives, or where they intend to provide for restrictions in
              accordance with Article 9(3) and 9(4), which have a significant impact on the relevant
              market, they give interested parties the opportunity to comment on the draft measure
              within a reasonable period.

              National regulatory authorities shall publish their national consultation procedures.

              Member States shall ensure the establishment of a single information point through
              which all current consultations can be accessed.

              The results of the consultation procedure shall be made publicly available by the
              national regulatory authority, except in the case of confidential information in
              accordance with Community and national law on business confidentiality.

              Article 7
              Consolidating the internal market for electronic communications

              1.       In carrying out their tasks under this Directive and the Specific Directives,
                       national regulatory authorities shall take the utmost account of the objectives set
                       out in Article 8, including insofar as they relate to the functioning of the internal
                       market.

              2.       National regulatory authorities shall contribute to the development of the internal
                       market by working with each other and with the Commission and BEREC in a
                       transparent manner so as to ensure the consistent application, in all Member
                       States, of the provisions of this Directive and the Specific Directives. To this


     146 /PE 426.182


EN
     end, they shall, in particular, work with the Commission and BEREC to identify
     the types of instruments and remedies best suited to address particular types of
     situations in the marketplace.

3.   Except where otherwise provided in recommendations or guidelines adopted
     pursuant to Article 7a upon completion of the consultation referred to in
     Article 6, where a national regulatory authority intends to take a measure which:

     (a)   falls within the scope of Articles 15 or 16 of this Directive, or Articles 5
           or 8 of Directive 2002/19/EC (Access Directive), and

     (b)   would affect trade between Member States,

     it shall make the draft measure accessible to the Commission, BEREC, and the
     national regulatory authorities in other Member States, at the same time,
     together with the reasoning on which the measure is based, in accordance with
     Article 5(3), and inform the Commission, BEREC and other national regulatory
     authorities thereof. National regulatory authorities, BEREC and the Commission
     may make comments to the national regulatory authority concerned only within
     one month. The one-month period may not be extended.

4.   Where an intended measure covered by paragraph 3 aims at:

     (a)   defining a relevant market which differs from those defined in the
           Recommendation in accordance with Article 15(1); or

     (b)   deciding whether or not to designate an undertaking as having, either
           individually or jointly with others, significant market power, under
           Article 16(3), (4) or (5); ▌

     and would affect trade between Member States, and the Commission has
     indicated to the national regulatory authority that it considers that the draft
     measure would create a barrier to the single market or if it has serious doubts as
     to its compatibility with Community law and in particular the objectives referred
     to in Article 8, the draft measure shall not be adopted for a further two months.
     This period may not be extended. The Commission shall inform other national
     regulatory authorities of its reservations in such a case.

5.   Within the two-month period referred to in paragraph 4, the Commission may:

     (a)   take a decision ▌ requiring the national regulatory authority concerned to
           withdraw the draft measure, and/or

     (b)   take a decision to lift its reservations in relation to a draft measure referred
           to in paragraph 4.

     The Commission shall take utmost account of the opinion of BEREC before
     issuing a decision ▌. The decision ▌ shall be accompanied by a detailed and
     objective analysis of why the Commission considers that the draft measure
     should not be adopted, together with specific proposals for amending the draft
     measure.


                                                                            PE 426.182\ 147


                                                                                              EN
              6.       Where the Commission has adopted a decision in accordance with paragraph 5
                       requiring the national regulatory authority to withdraw a draft measure, the
                       national regulatory authority shall amend or withdraw the draft measure within
                       six months of the date of the Commission's decision. When the draft measure is
                       amended, the national regulatory authority shall undertake a public consultation
                       in accordance with the procedures referred to in Article 6, and shall re-notify the
                       amended draft measure to the Commission in accordance with the provisions of
                       paragraph 3.

              7.       The national regulatory authority concerned shall take the utmost account of
                       comments of other national regulatory authorities, BEREC and the Commission
                       and may, except in cases covered by paragraphs 4 and 5(a), adopt the resulting
                       draft measure and, where it does so, shall communicate it to the Commission.

                       ▌

              8.       The national regulatory authority shall communicate to the Commission and
                       BEREC all adopted final measures which fall under Article 7(3)(a) and (b).

              9.       In exceptional circumstances, where a national regulatory authority considers
                       that there is an urgent need to act, in order to safeguard competition and protect
                       the interests of users, by way of derogation from the procedure set out in
                       paragraphs 3 and 4, it may immediately adopt proportionate and provisional
                       measures. It shall, without delay, communicate those measures, with full reasons,
                       to the Commission, the other national regulatory authority, and BEREC. A
                       decision by the national regulatory authority to render such measures permanent
                       or extend the time for which they are applicable shall be subject to the provisions
                       of paragraphs 3 and 4.";

     7)       the following Articles shall be inserted:

              "Article -7a

              Procedure for the consistent application of remedies

              1.       Where an intended measure covered by Article 7(3) aims at imposing,
                       amending or withdrawing an obligation on an operator in application of
                       Article 16 in conjunction with Article 5 and Articles 9 to 13 of Directive
                       2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC
                       (Universal Service Directive), the Commission may, within the period of one
                       month provided for by Article 7(3), notify the national regulatory authority
                       concerned and BEREC of its reasons for considering that the draft measure
                       would create a barrier to the single market or its serious doubts as to its
                       compatibility with Community law. In such a case, the draft measure shall not
                       be adopted for a further three months following the Commission's notification.

                       In the absence of such notification, the national regulatory authority
                       concerned may adopt the draft measure, taking utmost account of any
                       comments made by the Commission, BEREC or any other national regulatory
                       authority.



     148 /PE 426.182


EN
2.   Within the three month period referred to in paragraph 1, the Commission,
     BEREC and the national regulatory authority concerned shall cooperate
     closely with the objective of identifying the most appropriate and effective
     measure in the light of the objectives laid down in Article 8, whilst taking due
     account of the views of market participants and the need to ensure the
     development of consistent regulatory practice.

3.   Within six weeks from the beginning of the three month period referred to in
     paragraph 1, BEREC shall, acting by a majority of its component members,
     issue an opinion on the Commission's notification referred to in that
     paragraph, indicating whether it considers that the draft measure should be
     amended or withdrawn and, where appropriate, provide specific proposals to
     that end. This opinion shall be reasoned and made public.

4.   If in its opinion, BEREC shares the serious doubts of the Commission, it shall
     cooperate closely with the national regulatory authority concerned with the
     objective of identifying the most appropriate and effective measure. Before the
     end of the three month period referred in paragraph 1, the national regulatory
     authority may:

     (a) amend or withdraw its draft measure taking utmost account of the
         Commission's notification referred to in paragraph 1 and of BEREC's
         opinion and advice;

     (b) maintain its draft measure.

5.   Where BEREC does not share the serious doubts of the Commission or does
     not issue an opinion, or where the national regulatory authority amends or
     maintains its draft measure pursuant to paragraph 4, the Commission may,
     within one month following the end of the three months period referred to in
     paragraph 1 and taking utmost account of the opinion of BEREC if any:

     (a) issue a recommendation requiring the national regulatory authority
         concerned to amend or withdraw the draft measure and providing reasons
         justifying its recommendation, in particular where BEREC does not share
         the serious doubts of the Commission, and specific proposals to that end;

     (b) take a decision to lift its reservations indicated in accordance with
         paragraph 1.

6.   Within one month of the Commission issuing the recommendation in
     accordance with paragraph 5(a) or lifting its reservations in accordance with
     paragraph 5(b), the national regulatory authority concerned shall
     communicate to the Commission and BEREC the adopted final measure.

     This period may be extended to allow the national regulatory authority to
     undertake a public consultation in accordance with Article 6.

7.   Where the national regulatory authority decides not to amend or withdraw the
     draft measure on the basis of the recommendation issued under paragraph
     5(a) it shall provide a reasoned justification.

                                                                        PE 426.182\ 149


                                                                                          EN
              8.       The national regulatory authority may withdraw the proposed draft measure at
                       any stage of the procedure.

              Article 7a
              Implementing provisions

              1.       After public consultation and consultation with national regulatory authorities
                       and taking utmost account of the opinion of BEREC, the Commission may adopt
                       recommendations and/or guidelines in relation to Article 7 that define the form,
                       content and level of detail to be given in the notifications required in accordance
                       with Article 7(3), the circumstances in which notifications would not be
                       required, and the calculation of the time limits.

              2.       The measures referred to in paragraph 1 shall be adopted in accordance with the
                       advisory procedure referred to in Article 22(2).";

     8)       Article 8 shall be amended as follows:

              (a)      in paragraph 1, the second subparagraph shall be replaced by the following:

                       "Unless otherwise provided for in Article 9 regarding radio frequencies,
                       Member States shall take the utmost account of the desirability of making
                       regulations technologically neutral and shall ensure that, in carrying out the
                       regulatory tasks specified in this Directive and the Specific Directives, in
                       particular those designed to ensure effective competition, national regulatory
                       authorities do likewise.";

              (b)      in paragraph 2, points (a) and (b) shall be replaced by the following:

                       "(a) ensuring that users, including disabled users, elderly users, and users with
                            special social needs derive maximum benefit in terms of choice, price, and
                            quality;

                       (b)   ensuring that there is no distortion or restriction of competition in the
                             electronic communications sector, including for the transmission of
                             content;";

              (c)      in paragraph 2, point (c) shall be deleted;

              (d)      in paragraph 3, point (c) shall be deleted;

              (e)      in paragraph 3, point (d) shall be replaced by the following:

                       "(d) cooperating with each other, with the Commission and BEREC so as to
                            ensure the development of consistent regulatory practice and the consistent
                            application of this Directive and the Specific Directives.";

              (f)      in paragraph 4, point (e) shall be replaced by the following:

                       "(e) addressing the needs of specific social groups, in particular disabled users,
                            elderly users and users with special social needs;";

     150 /PE 426.182


EN
     (fa) in paragraph 4, points (g) and (h) shall be added:

           “(g) promoting the ability of end-users to access and distribute information or
                run applications and services of their choice;

           (h)     applying the principle that no restriction may be imposed on the
                   fundamental rights and freedoms of end-users, without a prior ruling by
                   the judicial authorities, notably in accordance with Article 11 of the
                   Charter of Fundamental Rights of the European Union on freedom of
                   expression and information, save when public security is threatened in
                   which case the ruling may be subsequent”. [Amendments 1, 2, 5, 6 and
                   9]



     (g)   the following paragraph shall be added:

           "5.     The national regulatory authorities shall, in pursuit of the policy objectives
                   referred to in paragraphs 2, 3 and 4, apply objective, transparent,
                   non-discriminatory and proportionate regulatory principles by, inter alia:

                   (a)   promoting regulatory predictability by ensuring a consistent
                         regulatory approach over appropriate review periods;

                   (b)   ensuring that, in similar circumstances, there is no discrimination in
                         the treatment of undertakings providing electronic communications
                         networks and services;

                   (c)   safeguarding competition to the benefit of consumers and promoting,
                         where appropriate, infrastructure-based competition;

                   (d)   promoting efficient investment and innovation in new and enhanced
                         infrastructures, including by ensuring that any access obligation
                         takes appropriate account of the risk incurred by the investing
                         undertakings and by permitting various cooperative arrangements
                         between investors and parties seeking access to diversify the risk of
                         investment, whilst ensuring that competition in the market and the
                         principle of non-discrimination are preserved;

                   (e)   taking due account of the variety of conditions relating to
                         competition and consumers that exist in the various geographic areas
                         within a Member State;

                   (f)   imposing ex ante regulatory obligations only where there is no
                         effective and sustainable competition and relaxing or lifting such
                         obligations as soon as that condition is fulfilled";

9)   the following Article shall be inserted:

     "Article 8a
     Strategic planning and coordination of radio spectrum policy.▌

                                                                                   PE 426.182\ 151


                                                                                                     EN
              1.       Member States shall cooperate with each other and with the Commission in the
                       strategic planning, coordination and harmonisation of the use of radio spectrum
                       in the European Community. To this end, they shall take into consideration, inter
                       alia, the economic, safety, health, public interest, freedom of expression, cultural,
                       scientific, social and technical aspects of EU policies as well as the various
                       interests of radio spectrum user communities with the aim of optimising the use
                       of radio spectrum and avoiding harmful interference.

              2.       By cooperating with each other and with the Commission, Member States shall
                       promote the coordination of radio spectrum policy approaches in the European
                       Community and, where appropriate, harmonised conditions with regard to the
                       availability and efficient use of radio spectrum necessary for the establishment
                       and functioning of the internal market in electronic communications.

              3.       The Commission, taking utmost account of the opinion of the Radio Spectrum
                       Policy Group (RSPG), established by Commission Decision 2002/622/EC of 26
                       July 2002*, may submit legislative proposals to the European Parliament and
                       the Council for establishing multiannual radio spectrum policy programmes.
                       Such programmes shall set out the policy orientations and objectives for the
                       strategic planning and harmonisation of the use of radio spectrum in
                       accordance with the provisions of this Directive and the Specific Directives.

              4.       Where necessary to ensure the effective coordination of the ▌ interests of the
                       European Community in international organisations competent in radio
                       spectrum matters ▌, the Commission, taking utmost account of the opinion of the
                       ▌RSPG ▌, may propose common policy objectives to the European Parliament
                       and the Council.

              ▌

              __________________

                       *
                               OJ L 198, 27.7.2002, p. 49.";

     10)      Article 9 shall be replaced by the following:

              "Article 9
              Management of radio frequencies for electronic communications services

              1.       Taking due account of the fact that radio frequencies are a public good that has
                       an important social, cultural and economic value, Member States shall ensure the
                       effective management of radio frequencies for electronic communication
                       services in their territory in accordance with Articles 8 and 8a. They shall ensure
                       that spectrum allocation used for electronic communications services and issuing
                       general authorisations or individual rights of use of such radio frequencies by
                       competent national authorities are based on objective, transparent, non-
                       discriminatory and proportionate criteria.




     152 /PE 426.182


EN
     In applying this Article, Member States shall respect relevant international
     agreements, including the ITU Radio Regulations, and may take public policy
     considerations into account.

2.   Member States shall promote the harmonisation of use of radio frequencies
     across the Community, consistent with the need to ensure effective and efficient
     use thereof and in pursuit of benefits for the consumer such as economies of
     scale and interoperability of services. In so doing, they shall act in accordance
     with Article 8a and with the Decision No 676/2002/EC (Radio Spectrum
     Decision).

3.   Unless otherwise provided in the second subparagraph, Member States shall
     ensure that all types of technology used for electronic communications services
     may be used in the radio frequency bands, declared available for electronic
     communications services in ▌ their National Frequency Allocation Plan in
     accordance with Community law.

     Member States may, however, provide for proportionate and non-discriminatory
     restrictions to the types of radio network or wireless access technology used for
     electronic communications services where this is necessary to:

     (a)   avoid harmful interference;

     (b)   protect public health against electromagnetic fields;

     (c)   ensure technical quality of service;

     (d)   ensure maximisation of radio frequency sharing;

     (e)   safeguard efficient use of spectrum, or

     (f)   ensure the fulfilment of a general interest objective in accordance with
           paragraph 4.

4.   Unless otherwise provided ║ in the second subparagraph, Member States shall
     ensure that all types of electronic communications services may be provided in
     the radio frequency bands, declared available for electronic communications
     services in ▌ their National Frequency Allocation Plan in accordance with
     Community law. Member States may, however, provide for proportionate and
     non-discriminatory restrictions to the types of electronic communications
     services to be provided, including, where necessary, to fulfil a requirement
     under the ITU Radio Regulations.

     Measures that require an electronic communications service to be provided in a
     specific band available for electronic communications services shall be justified
     in order to ensure the fulfilment of a general interest objective as defined by
     Member States in conformity with Community law, such as, and not limited to:

     (a)   safety of life,

     (b)   the promotion of social, regional or territorial cohesion,


                                                                         PE 426.182\ 153


                                                                                           EN
                       (c)   the avoidance of inefficient use of radio frequencies, or

                       (d)   the promotion of cultural and linguistic diversity and media pluralism, for
                             example by the provision of radio and television broadcasting services.

                       A measure which prohibits the provision of any other electronic communications
                       service in a specific band may only be provided for where justified by the need
                       to protect safety of life services. Member States may exceptionally also extend
                       such a measure in order to fulfil other general interest objectives as defined by
                       Member States in accordance with Community law.

              5.       Member States shall regularly review the necessity of the restrictions referred to
                       in paragraphs 3 and 4, and shall make the results of these reviews public.

              6.       Paragraphs 3 and 4 shall apply to spectrum allocated to be used for electronic
                       communications services, general authorisations issued and individual rights of
                       use of radio frequencies granted after ...*.

                       Spectrum allocations, general authorisations and individual rights of use which
                       existed by ...* shall be subject to Article 9a.

              7.       Without prejudice to the provisions of the Specific Directives and taking into
                       account the relevant national circumstances, Member States may lay down rules
                       in order to prevent spectrum hoarding, in particular by setting out strict deadlines
                       for the effective exploitation of the rights of use by the holder of the rights and
                       by applying penalties, including financial penalties or the withdrawal of the
                       rights of use in case of non-compliance with the deadlines. These rules shall be
                       established and applied in a proportionate, non-discriminatory and transparent
                       manner.

                       _______________________
                       *
                             The date of transposition of Directive 2009/.../EC [amending
                             Directive 2002/21/EC].";

     11)      The following Articles shall be inserted:

              "Article 9a
              Review of restrictions on existing rights

              1.       For a period of five years starting from ...*, Member States may allow holders of
                       rights to use radio frequencies which were granted before that date and which
                       will remain valid for a period of not less that five years after that date, to submit
                       an application to the competent national authority for a reassessment of the
                       restrictions on their rights in accordance with Article 9(3) and (4).

                       Before adopting its decision, the competent national authority shall notify the
                       right holder of its reassessment of the restrictions, indicating the extent of the
                       right after reassessment, and shall allow him a reasonable time limit to withdraw
                       his application.


     154 /PE 426.182


EN
      If the right holder withdraws his application, the right shall remain unchanged
      until its expiry or until the end of the five-year period, whichever is the earlier
      date.

2.    After the five-year period referred to in paragraph 1, Member States shall take all
      appropriate measures to ensure that Article 9(3) and (4) apply to all remaining
      general authorisations or individual rights of use and spectrum allocations used
      for electronic communications services which existed on ...*.

3.    In applying this Article, Member States shall take appropriate measures to
      promote fair competition.

4.    Measures adopted in applying this Article do not constitute the granting of new
      rights of use and therefore are not subject to the relevant provisions of Article
      5(2) of Directive 2002/20/EC (Authorisation Directive).

Article 9b
Transfer or lease of individual rights to use radio frequencies

1.    Member States shall ensure that undertakings may transfer or lease to other
      undertakings in accordance with conditions attached to the rights of use of
      radio frequencies and with national procedures individual rights to use radio
      frequencies ▌ in the bands for which this is provided in the implementing
      measures adopted pursuant to paragraph 3.

      In other bands, Member States may also make provision for undertakings to
      transfer or lease individual rights to use radio frequencies to other
      undertakings in accordance with national procedures.

      Conditions attached to individual rights to use radio frequencies shall continue to
      apply after the transfer or lease, unless otherwise specified by the competent
      national authority.

      Member states may also determine that the provisions of paragraph one shall
      not apply where the undertaking´s individual right to use radio frequencies
      was initially obtained free of charge.

2.    Member States shall ensure that an undertaking's intention to transfer rights to
      use radio frequencies, as well as the effective transfer thereof is notified in
      accordance with national procedures to the competent national authority
      responsible for granting individual rights of use and is made public. Where radio
      frequency use has been harmonised through the application of the Decision No
      676/2002/EC (Radio Spectrum Decision) or other Community measures, any
      such transfer shall comply with such harmonised use.

2a.   The Commission may adopt appropriate implementing measures to identify the
      bands for which usage rights may be transferred or leased between
      undertakings. These measures shall not cover frequencies which are used for
      broadcasting.


                                                                             PE 426.182\ 155


                                                                                               EN
                       These technical implementing measures, designed to amend non-essential
                       elements of this Directive by supplementing it , shall be adopted in accordance
                       with the regulatory procedure with scrutiny referred to in Article 22(3).

              ______________________________
                       *
                             The date of transposition of Directive 2009/.../EC [amending
                             Directive 2002/21/EC].";

     12)      Article 10 shall be amended as follows:

              (a)      Paragraphs 1 and 2 shall be replaced by the following:

                       "1.   Member States shall ensure that national regulatory authorities control the
                             granting of rights of use of all national numbering resources and the
                             management of the national numbering plans. Member States shall ensure
                             that adequate numbers and numbering ranges are provided for all publicly
                             available electronic communications services. National regulatory
                             authorities shall establish objective, transparent and non-discriminatory
                             procedures for granting rights of use for national numbering resources.

                       2.    National regulatory authorities shall ensure that national numbering plans
                             and procedures are applied in a manner that gives equal treatment to all
                             providers of publicly available electronic communications services. In
                             particular, Member States shall ensure that an undertaking to which the
                             right of use for a range of numbers has been granted does not discriminate
                             against other providers of electronic communications services as regards
                             the number sequences used to give access to their services.";

              (b)      paragraph 4 shall be replaced by the following:

                       "4.   Member States shall support the harmonisation of specific numbers or
                             numbering ranges within the Community where it promotes both the
                             functioning of the internal market and the development of pan-European
                             services. The Commission may take appropriate technical implementing
                             measures on this matter.

                             These measures designed to amend non-essential elements of this Directive
                             by supplementing it, shall be adopted in accordance with the regulatory
                             procedure with scrutiny referred to in Article 22(3).";

     13)      Article 11 shall be amended as follows:

              (a)      paragraph 1, second subparagraph, first indent shall be replaced by the
                       following:

                       "–    acts on the basis of simple, efficient, transparent and publicly available
                             procedures, applied without discrimination and without delay, and in any
                             event makes its decision within six months of the application, except in
                             cases of expropriation, and";



     156 /PE 426.182


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      (b)   paragraph 2 shall be replaced by the following:

            "2.     Member States shall ensure that where public or local authorities retain
                    ownership or control of undertakings operating public electronic
                    communications networks and/or publicly available electronic
                    communications services, there is an effective structural separation of the
                    function responsible for granting the rights referred to in paragraph 1 from
                    the activities associated with ownership or control.";

14)   Article 12 shall be replaced by the following:

      "Article 12
      Co-location and sharing of network elements and associated facilities for providers of
      electronic communications networks

      1.    Where an undertaking providing electronic communications networks has the
            right under national legislation to install facilities on, over or under public or
            private property, or may take advantage of a procedure for the expropriation or
            use of property, national regulatory authorities shall, taking full account of the
            principle of proportionality, be able to impose the sharing of such facilities or
            property, including buildings, entries to buildings, building wiring, masts,
            antennae, towers and other supporting constructions, ducts, conduits, manholes,
            cabinets ▌.

      2.    Member States may require holders of the rights referred to in paragraph 1 to
            share facilities or property (including physical co-location) or take measures to
            facilitate the coordination of public works in order to protect the environment,
            public health, public security or to meet town and country planning objectives
            and only after an appropriate period of public consultation, during which all
            interested parties shall be given an opportunity to express their views. Such
            sharing or coordination arrangements may include rules for apportioning the
            costs of facility or property sharing.

      2a.   Member States shall ensure that national authorities, after an appropriate
            period of public consultation during which all interested parties are given the
            opportunity to state their views, also have the power to impose obligations for
            the sharing of wiring inside buildings or up to the first concentration or
            distribution point where this is located outside the building, on the holders of
            the rights referred to in paragraph 1 and/or on the owner of such wiring,
            where this is justified by the fact that duplication of such infrastructure would
            be economically inefficient or physically impracticable. Such sharing or
            coordination arrangements may include rules for apportioning the costs of
            facility or property sharing adjusted for risk where appropriate.

      3.    Member States shall ensure that competent national authorities may require
            undertakings to provide the necessary information, if requested by the competent
            authorities, in order for these authorities, in conjunction with national regulatory
            authorities, to be able to establish a detailed inventory of the nature, availability



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                       and geographical location of the facilities referred to in paragraph 1 and make it
                       available to interested parties.

              4.       Measures taken by a national regulatory authority in accordance with this Article
                       shall be objective, transparent, non-discriminatory, and proportionate. Where
                       relevant, these measures shall be carried out in coordination with local
                       authorities.";

     15)      the following chapter shall be inserted:

              "Chapter IIIa
              SECURITY AND INTEGRITY OF NETWORKS AND SERVICES

              Article 13a
              Security and integrity

              1.       Member States shall ensure that undertakings providing public communications
                       networks or publicly available electronic communications services take
                       appropriate technical and organisational measures to appropriately manage the
                       risks posed to security of networks and services. Having regard to the state of the
                       art, these measures shall ensure a level of security appropriate to the risk
                       presented. In particular, measures shall be taken to prevent and minimise the
                       impact of security incidents on users and interconnected networks.

              2.       Member States shall ensure that undertakings providing public communications
                       networks take all appropriate steps to guarantee the integrity of their networks,
                       and thus ensure the continuity of supply of services provided over those
                       networks.

              3.       Member States shall ensure that undertakings providing public communications
                       networks or publicly available electronic communications services notify the
                       competent national regulatory authority of a breach of security or loss of
                       integrity that has had a significant impact on the operation of networks or
                       services.

                       Where appropriate, the national regulatory authority concerned shall inform the
                       national regulatory authorities in other Member States and the European
                       Network and Information Security Agency (ENISA) ▌. The national regulatory
                       authority concerned may inform the public or require the undertakings to do so,
                       where it determines that disclosure of the breach is in the public interest.

                       Once a year, the national regulatory authority concerned shall submit a summary
                       report to the Commission and ENISA on the notifications received and the action
                       taken in accordance with this paragraph.

              4.       The Commission, taking the utmost account of the opinion of ENISA, may adopt
                       appropriate technical implementing measures with a view to harmonising the
                       measures referred to in paragraphs 1, 2, and 3, including measures defining the
                       circumstances, format and procedures applicable to notification requirements.


     158 /PE 426.182


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              These technical implementing measures shall be based on European and
              international standards to the greatest extent possible, and shall not prevent
              Member States from adopting additional requirements in order to pursue the
              objectives set out in paragraphs 1 and 2.

              These implementing measures, designed to amend non-essential elements of this
              Directive by supplementing it, shall be adopted in accordance with the regulatory
              procedure with scrutiny referred to in Article 22(3).

        Article 13b
        Implementation and enforcement

        1.    Member States shall ensure that in order to implement Article 13a, competent
              national regulatory authorities have the power to issue binding instructions,
              including those regarding time limits for implementation, to undertakings
              providing public communications networks or publicly available electronic
              communications services ║.

        2.    Member States shall ensure that competent national regulatory authorities have
              the power to require undertakings providing public communications networks or
              publicly available electronic communications services to:

              (a)     provide information needed to assess the security and/or integrity of their
                      services and networks, including documented security policies; and

              (b)     submit to a security audit carried out by a qualified independent body or a
                      competent national authority and make the results thereof available to the
                      national regulatory authority. The cost of the audit shall be paid by the
                      undertaking.

        3.    Member States shall ensure that national regulatory authorities have all the
              powers necessary to investigate cases of non-compliance and the effects thereof
              on the security and integrity of the networks.

        4.    These provisions shall be without prejudice to Article 3 of this Directive.";

16)   in Article 14, paragraph 3 shall be replaced by the following:

              "3.     Where an undertaking has significant market power on a specific market
                      (the first market), it may also be designated as having significant market
                      power on a closely related market (the second market), where the links
                      between the two markets are such as to allow the market power held in the
                      first market to be leveraged into the second market, thereby strengthening
                      the market power of the undertaking. Consequently, remedies aimed at
                      preventing such leverage may be applied in the second market pursuant to
                      Articles 9, 10, 11 and 13 of Directive 2002/19/EC (Access Directive), and
                      where such remedies prove to be insufficient, remedies pursuant to Article
                      17 of Directive 2002/22/EC (Universal Service Directive) may be
                      imposed.";


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                                                                                                      EN
     17)      Article 15 shall be amended as follows:

              (a)      the heading shall be replaced by the following:

                       "Procedure for the identification and definition of markets";

              (b)      in paragraph 1, the first subparagraph shall be replaced by the following:

                       "1.   After public consultation including with national regulatory authorities and
                             taking the utmost account of the opinion of BEREC, the Commission
                             shall, in accordance with the procedure referred to in Article 22(2), adopt a
                             Recommendation on Relevant Product and Service Markets (the
                             Recommendation). The Recommendation shall identify those product and
                             service markets within the electronic communications sector the
                             characteristics of which may be such as to justify the imposition of
                             regulatory obligations set out in the Specific Directives, without prejudice
                             to markets that may be defined in specific cases under competition law.
                             The Commission shall define markets in accordance with the principles of
                             competition law.";

              (c)      paragraph 3 shall be replaced by the following:

                       "3.   National regulatory authorities shall, taking the utmost account of the
                             Recommendation and the Guidelines, define relevant markets appropriate
                             to national circumstances, in particular relevant geographic markets within
                             their territory, in accordance with the principles of competition law.
                             National regulatory authorities shall follow the procedures referred to in
                             Articles 6 and 7 before defining the markets that differ from those
                             identified in the Recommendation.";

              (d)      paragraph 4 shall be replaced by the following:

                       "4.   After consultation including with national regulatory authorities the
                             Commission may, taking the utmost account of the opinion of BEREC,
                             adopt a Decision identifying transnational markets, acting in accordance
                             with the procedure referred to in Article 22(3).";

     18)      Article 16 shall be amended as follows:

              (a)      Paragraphs 1 and 2 shall be replaced by the following:

                       "1.   National regulatory authorities shall carry out an analysis of the relevant
                             markets taking into account the markets identified in the Recommendation,
                             and taking the utmost account of the Guidelines. Member States shall
                             ensure that this analysis is carried out, where appropriate, in collaboration
                             with the national competition authorities.

                       2.    Where a national regulatory authority is required under paragraphs 3 or 4
                             of this Article, Article 17 of Directive 2002/22/EC (Universal Service
                             Directive), or Article 8 of Directive 2002/19/EC (Access Directive) to
                             determine whether to impose, maintain, amend or withdraw obligations on


     160 /PE 426.182


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            undertakings, it shall determine on the basis of its market analysis referred
            to in paragraph 1 of this Article whether a relevant market is effectively
            competitive.";

(b)   paragraphs 4, 5 and 6 shall be replaced by the following:

      "4.   Where a national regulatory authority determines that a relevant market is
            not effectively competitive, it shall identify undertakings which
            individually or jointly have a significant market power on that market in
            accordance with Article 14 and the national regulatory authority shall on
            such undertakings impose appropriate specific regulatory obligations
            referred to in paragraph 2 of this Article or maintain or amend such
            obligations where they already exist.

      5.    In the case of transnational markets identified in the Decision referred to in
            Article 15(4), the national regulatory authorities concerned shall jointly
            conduct the market analysis taking the utmost account of the Guidelines
            and, in a concerted fashion, shall decide on any imposition, maintenance,
            amendment or withdrawal of regulatory obligations referred to in
            paragraph 2 of this Article.

      6.    Measures taken in accordance with the provisions of paragraphs 3 and 4
            shall be subject to the procedures referred to in Articles 6 and 7. National
            regulatory authorities shall carry out an analysis of the relevant market and
            notify the corresponding draft measure in accordance with Article 7:

            (a)   within three years from the adoption of a previous measure relating
                  to that market. However, exceptionally, that period may be extended
                  for up to three additional years, where the national regulatory
                  authority has notified a reasoned proposed extension to the
                  Commission and the Commission has not objected within one month
                  of the notified extension;

            (b)   within two years from the adoption of a revised Recommendation on
                  relevant markets, for markets not previously notified to the
                  Commission, or;

            (c)   within two years from their accession, for Member States which have
                  newly joined the Union.";

(c)   the following paragraph shall be added:

      "7.   Where a national regulatory authority has not completed its analysis of a
            relevant market identified in the Recommendation within the time limit
            laid down in Article 16(6), BEREC shall, upon request, provide assistance
            to the national regulatory authority concerned in completing the analysis of
            the specific market and the specific obligations to be imposed. With this
            assistance, the national regulatory authority concerned shall within six
            months notify the draft measure to the Commission in accordance with
            Article 7.";


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                                                                                             EN
     19)      Article 17 shall be amended as follows:

              (a)      in the first sentence of paragraph 1, the word "standards" shall be replaced by
                       "non-compulsory standards":

              (b)      the third subparagraph of paragraph 2 shall be replaced by the following:

                       In the absence of such standards and/or specifications, Member States shall
                       encourage the implementation of international standards or recommendations
                       adopted by the International Telecommunication Union (ITU), the European
                       Conference of Postal and Telecommunications Administrations (CEPT), the
                       International Organisation for Standardisation (ISO) and the International
                       Electrotechnical Commission (IEC).;

              (c)      paragraphs 4 and 5 shall be replaced by the following:

                       "4.   Where the Commission intends to make the implementation of certain
                             standards and/or specifications compulsory, it shall publish a notice in the
                             Official Journal of the European Union and invite public comment by all
                             parties concerned. The Commission shall take appropriate implementing
                             measures and make implementation of the relevant standards compulsory
                             by making reference to them as compulsory standards in the list of
                             standards and/or specifications published in the Official Journal of the
                             European Union.

                       5.    Where the Commission considers that standards and/or specifications
                             referred to in paragraph 1 no longer contribute to the provision of
                             harmonised electronic communications services, or that they no longer
                             meet consumers' needs or are hampering technological development, it
                             shall, acting in accordance with the procedure referred to in Article 22(2),
                             remove them from the list of standards and/or specifications referred to in
                             paragraph 1.";

              (d)      in paragraph 6, the words "acting in accordance with the procedure referred to in
                       Article 22(3), remove them from this list of standards and/or specifications
                       referred to in paragraph 1" shall be replaced by the words "take the appropriate
                       implementing measures and remove those standards and/or specifications from
                       the list of standards and/or specifications referred to in paragraph 1";

              (e)      the following paragraph shall be inserted:

                       "6a. The implementing measures designed to amend non-essential elements of
                            this Directive by supplementing it, referred to in paragraphs 4 and 6, shall
                            be adopted in accordance with the regulatory procedure with scrutiny
                            referred to in Article 22(3).";

     20)      Article 18 shall be amended as follows:

              (a)      in paragraph 1, the following point (c) shall be added:




     162 /PE 426.182


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            "(c) providers of digital TV services and equipment to cooperate in the
                 provision of interoperable TV services for disabled end-users.";

      (b)   paragraph 3 shall be deleted;

21)   Article 19 shall be replaced by the following:

      "Article 19
      Harmonisation procedures

      1.    Without prejudice to Article 9 of this Directive and Articles 6 and 8 of
            Directive 2002/20/EC (Authorisation Directive), where the Commission finds
            that divergences in the implementation by the national regulatory authorities of
            the regulatory tasks specified in this Directive and the Specific Directives may
            create a barrier to the internal market, the Commission may, taking the utmost
            account of the opinion of BEREC, ▌ issue a recommendation or a decision on
            the harmonised application of the provisions in this Directive and the Specific
            Directives in order to further the achievement of the objectives set out in Article
            8.

      2.    Where the Commission issues a recommendation pursuant to paragraph 1, it
            shall act in accordance with the procedure referred to in Article 22(2).

            Member States shall ensure that national regulatory authorities take the utmost
            account of those recommendations in carrying out their tasks. Where a national
            regulatory authority chooses not to follow a recommendation, it shall inform the
            Commission, giving the reasons for its position.

      2a.   The decisions adopted pursuant to paragraph 1 may only include the
            identification of a harmonised or coordinated approach for the purposes of
            addressing the following matters:

            (a)     the inconsistent implementation of general regulatory approaches by
            national regulatory authorities on the regulation of electronic communication
            markets in application of Articles 15 and 16, where it creates a barrier to the
            internal market. Such decisions shall not refer to specific notifications issued
            by the national regulatory authorities pursuant to Article -7a;

            In such a case, the Commission shall propose a draft decision only:

               - after at least two years following the adoption of a Commission
                 Recommendation dealing with the same issue, and;

               - taking utmost account of an opinion from BEREC on the case for
                 adoption of such a decision, which shall be provided by BEREC within
                 3 months of the Commission’s request;

            (b)     numbering, including number ranges, portability of numbers and
            identifiers, number and address translation systems, and access to 112
            emergency services;


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                                                                                                   EN
              2b.      The decision, referred to in paragraph 1 designed to amend non-essential
                       elements of this Directive by supplementing it, shall be adopted in accordance
                       with the regulatory procedure with scrutiny referred to in Article 22(3).

              3.       BEREC may on its own initiative advise the Commission on whether a measure
                       should be adopted pursuant to paragraph 1.";

     22)      Article 20(1) shall be replaced by the following:

              "1.      In the event of a dispute arising in connection with existing obligations under
                       this Directive or the Specific Directives between undertakings providing
                       electronic communications networks or services in a Member State, or between
                       such undertakings and other undertakings in the Member State benefiting from
                       obligations of access and/or interconnection arising under this Directive or the
                       Specific Directives, the national regulatory authority concerned shall, at the
                       request of either party, and without prejudice to the provisions of paragraph 2,
                       issue a binding decision to resolve the dispute in the shortest possible time frame
                       and in any case within four months, except in exceptional circumstances. The
                       Member State concerned shall require that all parties cooperate fully with the
                       national regulatory authority.";

     23)      Article 21 shall be replaced by the following:

              "Article 21
              Resolution of cross-border disputes

              1.       In the event of a cross-border dispute arising under this Directive or the Specific
                       Directives between parties in different Member States, and where the dispute lies
                       within the competence of national regulatory authorities from more than one
                       Member State, the provisions set out in paragraphs 2, 3 and 4 shall be applicable.

              2.       Any party may refer the dispute to the national regulatory authorities concerned.
                       The competent national regulatory authorities shall coordinate their efforts and
                       shall have the right to consult BEREC in order to bring about a consistent
                       resolution of the dispute, in accordance with the objectives set out in Article 8.

                       Any obligations imposed by the national regulatory authorities on
                       undertakings as part of the resolution of a dispute shall comply with the
                       provisions of this Directive and the Specific Directives.

                       Any national regulatory authority which has competence in such a dispute may
                       request BEREC to adopt an opinion as to the action to be taken in accordance
                       with the provisions of the Framework Directive and/or the Specific Directives to
                       resolve the dispute.

                       Where such a request has been made to BEREC, any national regulatory
                       authority with competence in any aspect of the dispute shall await BEREC's
                       opinion before taking action to resolve the dispute. This shall not preclude
                       national regulatory authorities from taking urgent measures where necessary.



     164 /PE 426.182


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            Any obligations imposed on an undertaking by the national regulatory authority
            in resolving a dispute shall respect the provisions of this Directive or the Specific
            Directives and take the utmost account of the opinion adopted by BEREC.

      3.    Member States may make provision for the competent national regulatory
            authorities jointly to decline to resolve a dispute where other mechanisms,
            including mediation, exist and would better contribute to resolving of the dispute
            in a timely manner in accordance with the provisions of Article 8.

            They shall inform the parties without delay. If after four months the dispute is
            not resolved, where the dispute has not been brought before the courts by the
            party seeking redress and if either party requests it, the national regulatory
            authorities shall coordinate their efforts in order to resolve the dispute, in
            accordance with the provisions set out in Article 8 and taking the utmost account
            of any opinion adopted by BEREC.

      4.    The procedure referred to in paragraph 2 shall not preclude either party from
            bringing an action before the courts.";

24)   the following Article shall be inserted:

      "Article 21a
      Penalties

      Member States shall lay down rules on penalties applicable to infringements of
      national provisions adopted pursuant to this Directive and the Specific Directives and
      shall take all measures necessary to ensure that they are implemented. The penalties
      provided for must be appropriate, effective, proportionate and dissuasive. The
      Member States shall notify those provisions to the Commission by ...* and shall notify
      it without delay of any subsequent amendment affecting them.

      ____________________

      *     The time-limit for the transposition of Directive 2009/.../EC [amending
            Directive 2002/21/EC].";

25)   Article 22 shall be amended as follows:

      (a)   paragraph 3 shall be replaced by the following:

            "3.   Where reference is made to this paragraph, Article 5a(1) to (4), and Article
                  7 of Decision 1999/468/EC shall apply, having regard to the provisions of
                  Article 8 thereof.";

      (b)   paragraph 4 shall be deleted.;

26)   Article 27 shall be deleted;

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                                                                                                    EN
     27)      Annex I shall be deleted;

     28)      Annex II shall be replaced by the following:

              "ANNEX II
              Criteria to be used by national regulatory authorities in making an assessment of joint
              dominance in accordance with the second subparagraph of Article 14(2).

              Two or more undertakings can be found to be in a joint dominant position within the
              meaning of Article 14 if, even in the absence of structural or other links between them,
              they operate in a market which is characterised by a lack of effective competition and
              in which no single undertaking has significant market power. In accordance with the
              applicable Community law and with the case-law of the Court of Justice of the
              European Communities on joint dominance ▌, this is likely to be the case where the
              market is concentrated and exhibits a number of appropriate characteristics of which
              the following may be the most relevant in the context of electronic communications:

              –        low elasticity of demand

              –        similar market shares

              –        high legal or economic barriers to entry

              –        vertical integration with collective refusal to supply

              –        lack of countervailing buyer power

              –        lack of potential competition.

              The above is an indicative list and is not exhaustive, nor are the criteria cumulative.
              Rather, the list is intended to illustrate only the type of evidence that could be used to
              support assertions concerning the existence of joint dominance. ▌".

                                                     Article 2
                           Amendments to Directive 2002/19/EC (Access Directive)

     Directive 2002/19/EC is hereby amended as follows:

     1)       Article 2 shall be amended as follows:

              (a)      point (a) shall be replaced by the following:

                       "(a) "access" means the making available of facilities and/or services to another
                            undertaking, under defined conditions, on either an exclusive or non-
                            exclusive basis, for the purpose of providing electronic communications
                            services, including when they are used for the delivery of information
                            society services or broadcast content services. It covers inter alia: access to
                            network elements and associated facilities, which may involve the

     166 /PE 426.182


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                 connection of equipment, by fixed or non-fixed means (in particular this
                 includes access to the local loop and to facilities and services necessary to
                 provide services over the local loop); access to physical infrastructure
                 including buildings, ducts and masts; access to relevant software systems
                 including operational support systems; access to information systems or
                 databases for pre-ordering, provisioning, ordering, maintaining and repair
                 requests, and billing; access to number translation or systems offering
                 equivalent functionality; access to fixed and mobile networks, in particular
                 for roaming; access to conditional access systems for digital television
                 services and access to virtual network services.";

     (b)   point (e) shall be replaced by the following:

           "(e) "local loop" means the physical circuit connecting the network termination
                point to a distribution frame or equivalent facility in the fixed public
                electronic communications network.";

2)   Article 4(1) shall be replaced by the following:

     "1.   Operators of public communications networks shall have a right and, when
           requested by other undertakings so authorised in accordance with Article 4 of
           Directive 2002/20/EC (Authorisation Directive), an obligation to negotiate
           interconnection with each other for the purpose of providing publicly available
           electronic communications services, in order to ensure provision and
           interoperability of services throughout the Community. Operators shall offer
           access and interconnection to other undertakings on terms and conditions
           consistent with obligations imposed by the national regulatory authority pursuant
           to Articles 5 to 8.;

3)   Article 5 shall be amended as follows:

     (a)   in paragraph 1, the first subparagraph shall be replaced by the following:

           "1.   National regulatory authorities shall, acting in pursuit of the objectives set
                 out in Article 8 of Directive 2002/21/EC (Framework Directive),
                 encourage and where appropriate ensure, in accordance with the provisions
                 of this Directive, adequate access and interconnection, and the
                 interoperability of services, exercising their responsibility in a way that
                 promotes efficiency, sustainable competition, efficient investment and
                 innovation, and gives the maximum benefit to end-users.";

     (aa) in paragraph 1, point (ab) shall be inserted:

                 “(ab) in justified cases and to the extent that is necessary, the obligations
                 on undertakings that control access to end-users to make their services
                 interoperable.”;

     (b)   paragraph 2 shall be replaced by the following:

           "2.   Obligations and conditions imposed in accordance with paragraph 1 shall
                 be objective, transparent, proportionate and non-discriminatory, and shall

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                                                                                                  EN
                              be implemented in accordance with the procedures referred to in Articles 6,
                              7 and -7a of Directive 2002/21/EC (Framework Directive).;

              (c)      paragraph 3 shall be deleted;

              (d)      paragraph 4 shall be replaced by the following:

                       "3.    With regard to access and interconnection referred to in paragraph 1,
                              Member States shall ensure that the national regulatory authority is
                              empowered to intervene at its own initiative where justified in order to
                              secure the policy objectives of Article 8 of Directive 2002/21/EC
                              (Framework Directive), in accordance with the provisions of this Directive
                              and the procedures referred to in Articles 6 and 7, 20 and 21 of Directive
                              2002/21/EC (Framework Directive).";

     4)       Article 6(2) shall be replaced by the following:

              "2.      In the light of market and technological developments, the Commission may
                       adopt implementing measures to amend Annex I. The measures, designed to
                       amend non-essential elements of this Directive, shall be adopted in accordance
                       with the regulatory procedure with scrutiny referred to in Article 14(3).";

     5)       Article 7 shall be deleted;

     6)       Article 8 shall be amended as follows:

              (a)      in paragraph 1, the words "Articles 9 to 13" shall be replaced by the words
                       "Articles 9 to 13a";

              (b)      paragraph 3 shall be amended as follows:

                       (i)    the first subparagraph shall be amended as follows:

                              –    in the first indent, the words "Articles 5(1), 5(2) and 6" shall be
                                   replaced by the words "Articles 5(1) and 6";

                              –    in the second indent, "Directive 97/66/EC of the European
                                   Parliament and of the Council of 15 December 1997 concerning the
                                   processing of personal data and the protection of privacy in the
                                   telecommunications sector*" shall be replaced by "Directive
                                   2002/58/EC of the European Parliament and of the Council of 12
                                   July 2002 concerning the processing of personal data and the
                                   protection of privacy in the electronic communications sector
                                   (Directive on privacy and electronic communications)**

                              _____________________
                              *
                                   OJ L 24, 30.1.1998, p. 1.
                              **
                                   OJ L 201, 31.7.2002, p. 37.";

                       (ii)   the second subparagraph shall be replaced by the following:

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                 "In exceptional circumstances, when a national regulatory authority intends
                 to impose on operators with significant market power obligations for
                 access or interconnection other than those set out in Articles 9 to 13 in this
                 Directive, it shall submit this request to the Commission. The Commission
                 shall take utmost account of the opinion of the Body of Europeans
                 Regulators for Electronic Communications (BEREC)*. The Commission,
                 acting in accordance with Article 14(2), shall take a decision authorising or
                 preventing the national regulatory authority from taking such measures.

     ______________________________

     *     Regulation (EC) No …/2009 of the European Parliament and of the Council of ...
           [establishing the Body of European Regulators for Electronic Communications
           and the Office]";

7)   Article 9 shall be amended as follows:

     (a)   paragraph 1 shall be replaced by the following:

           "1.   National regulatory authorities may, in accordance with the provisions of
                 Article 8, impose obligations for transparency in relation to interconnection
                 and/or access, requiring operators to make public specified information,
                 such as accounting information, technical specifications, network
                 characteristics, terms and conditions for supply and use, including any
                 conditions limiting access to and/or use of services and applications
                 where such conditions are allowed by Member states in conformity with
                 Community law, and prices.";

     (b)   paragraph 4 shall be replaced by the following:

           "4.   Notwithstanding paragraph 3, where an operator has obligations under
                 Article 12 concerning wholesale network infrastructure access, ▌ national
                 regulatory authorities shall ensure the publication of a reference offer
                 containing at least the elements set out in Annex II.";

     (c)   paragraph 5 shall be replaced by the following:

           "5.   The Commission may adopt the necessary amendments to Annex II in
                 order to adapt it to technological and market developments. The measures,
                 designed to amend non-essential elements of this Directive, shall be
                 adopted in accordance with the regulatory procedure with scrutiny referred
                 to in Article 14(3). In implementing the provisions of this paragraph, the
                 Commission may be assisted by BEREC.";

8)   Article 12 shall be amended as follows:

     (a)   in paragraph 1, point (a) shall be replaced by the following:

           "(a) to give third parties access to specified network elements and/or facilities,
                including access to network elements which are not active and/or



                                                                                PE 426.182\ 169


                                                                                                  EN
                              unbundled access to the local loop, to inter alia allow carrier selection
                              and/or pre-selection and/or subscriber line resale offer;";

              (b)      in paragraph 1, point (f) shall be replaced by the following:

                       "(f) to provide co-location or other forms of associated facilities sharing ▌;";

              (c)      in paragraph 1, the following point shall be added:

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

              (d)      in paragraph 2, the introductory phrase and point (a) shall be replaced by the
                       following:

                       "2.    When national regulatory authorities are considering the obligations
                              referred in paragraph 1, and in particular when assessing how such
                              obligations would be imposed proportionate to the objectives set out in
                              Article 8 of Directive 2002/21/EC (Framework Directive), they shall take
                              account in particular of the following factors:

                              (a)   the technical and economic viability of using or installing competing
                                    facilities, in the light of the rate of market development, taking into
                                    account the nature and type of interconnection and/or access
                                    involved, including the viability of other upstream access products
                                    such as access to ducts;";

              (e)      in paragraph 2, points (c) and (d) shall be replaced by the following:

                       "(c) the initial investment by the facility owner, bearing in mind any public
                            investment made and the risks involved in making the investment;

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

              (f)      the following paragraph 3 shall be added:

                       "3.    When imposing obligations on an operator to provide access in accordance
                              with the provisions of this Article, national regulatory authorities may lay
                              down technical or operational conditions to be met by the provider and/or
                              beneficiaries of such access where necessary to ensure normal operation of
                              the network. Obligations to follow specific technical standards or
                              specifications shall be in compliance with the standards and specifications
                              laid down in accordance with Article 17 of Directive 2002/21/EC
                              (Framework Directive).";

     9)       Article 13 shall be amended as follows:

              (a)      paragraph 1 shall be replaced by the following:

                       "1.    A national regulatory authority may, in accordance with the provisions of
                              Article 8, impose obligations relating to cost recovery and price controls,

     170 /PE 426.182


EN
                  including obligations for cost orientation of prices and obligations
                  concerning cost accounting systems, for the provision of specific types of
                  interconnection and/or access, in situations where a market analysis
                  indicates that a lack of effective competition means that the operator
                  concerned may sustain prices at an excessively high level, or may apply a
                  price squeeze, to the detriment of end-users. To encourage investments by
                  the operator, including in next generation networks, national regulatory
                  authorities shall take into account the investment made by the operator, and
                  allow him a reasonable rate of return on adequate capital employed, taking
                  into account any risks specific to a particular new investment network
                  project.";

      ▌

10)   the following Articles shall be inserted:

      "Article 13a
      Functional separation

      1.    Where the national regulatory authority concludes that the appropriate
            obligations imposed under Articles 9 to 13 have failed to achieve effective
            competition and that there are important and persisting competition problems
            and/or market failures identified in relation to the wholesale provision of certain
            access product markets, it may, as an exceptional measure, in accordance with
            the provisions of the second subparagraph of Article 8(3), impose an obligation
            on vertically integrated undertakings to place activities related to the wholesale
            provision of relevant access products in an independently operating business
            entity.

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

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

            (a)   evidence justifying the conclusions of the national regulatory authority as
                  referred to in paragraph 1;

            (b)   a reasoned assessment that there is no or little prospect of effective and
                  sustainable infrastructure-based competition within a reasonable
                  timeframe;

            (c)   an analysis of the expected impact on the regulatory authority, on the
                  undertaking, in particular on the workforce of the separated undertaking
                  and on the electronic communications sector as a whole, and on
                  incentives to invest in a sector as a whole, particularly with regard to the
                  need to ensure social and territorial cohesion, and on other stakeholders


                                                                                 PE 426.182\ 171


                                                                                                   EN
                             including, in particular, the expected impact on competition and any
                             potential entailing effects on consumers;

                       (ca) an analysis of the reasons justifying that this obligation would be the
                            most efficient means to enforce remedies aimed at addressing the
                            competition problems/markets failures identified.

              3.       The draft measure shall include the following elements:

                       (a)   the precise nature and level of separation, specifying in particular the legal
                             status of the separate business entity;

                       (b)   an identification of the assets of the separate business entity, and the
                             products or services to be supplied by that entity;

                       (c)   the governance arrangements to ensure the independence of the staff
                             employed by the separate business entity, and the corresponding incentive
                             structure;

                       (d)   rules for ensuring compliance with the obligations;

                       (e)   rules for ensuring transparency of operational procedures, in particular
                             towards other stakeholders;

                       (f)   a monitoring programme to ensure compliance, including the publication
                             of an annual report.

              4.       Following the Commission's decision on the draft measure taken in accordance
                       with Article 8(3), the national regulatory authority shall conduct a coordinated
                       analysis of the different markets related to the access network in accordance with
                       the procedure set out in Article 16 of Directive 2002/21/EC (Framework
                       Directive). On the basis of its assessment, the national regulatory authority shall
                       impose, maintain, amend or withdraw obligations, in accordance with Articles 6
                       and 7 of Directive 2002/21/EC (Framework Directive).

              5.       An undertaking on which functional separation has been imposed may be subject
                       to any of the obligations identified in Articles 9 to13 in any specific market
                       where it has been designated as having significant market power in accordance
                       with Article 16 of Directive 2002/21/EC (Framework Directive), or any other
                       obligations authorised by the Commission pursuant to Article 8(3).

              Article 13b
              Voluntary separation by a vertically integrated undertaking

              1.       Undertakings which have been designated as having significant market power in
                       one or several relevant markets in accordance with Article 16 of Directive
                       2002/21/EC (Framework Directive) shall inform the national regulatory authority
                       in advance and in a timely manner, in order to allow the national regulatory
                       authority to assess the effect of the intended transaction, when they intend to
                       transfer their local access network assets or a substantial part thereof to a


     172 /PE 426.182


EN
            separate legal entity under different ownership, or to establish a separate business
            entity in order to provide to all retail providers, including its own retail divisions,
            fully equivalent access products.

            Undertakings shall also inform the national regulatory authority of any change of
            that intent as well as the final outcome of the process of separation.

      2.    The national regulatory authority shall assess the effect of the intended
            transaction on existing regulatory obligations under Directive 2002/21/EC
            (Framework Directive).

            For that purpose, the national regulatory authority shall conduct a coordinated
            analysis of the different markets related to the access network in accordance with
            the procedure set out in Article 16 of Directive 2002/21/EC (Framework
            Directive).

            On the basis of its assessment, the national regulatory authority shall impose,
            maintain, amend or withdraw obligations, in accordance with Articles 6 and 7 of
            Directive 2002/21/EC (Framework Directive).

      3.    The legally and/or operationally separate business entity may be subject to any of
            the obligations identified in Articles 9 to 13 in any specific market where it has
            been designated as having significant market power in accordance with
            Article 16 of Directive 2002/21/EC (Framework Directive), or any other
            obligations authorised by the Commission pursuant to Article 8(3).";

11)   Article 14 shall be amended as follows:

      (a)   paragraph 3 shall be replaced by the following:

            "3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article
                  7 of Decision 1999/468/EC shall apply, having regard to the provisions of
                  Article 8 thereof.";

      (b)   paragraph 4 shall be deleted.

12)   Annex II shall be amended as follows:

      (a)   the title shall be replaced by the following:

            "Minimum list of items to be included in a reference offer for wholesale network
            infrastructure access, including shared or fully unbundled access to the local
            loop at a fixed location to be published by notified operators with significant
            market power (SMP);"

      (b)   definition (a) shall be replaced by the following:

            "(a) "local sub-loop" means a partial local loop connecting the network
                 termination point to a concentration point or a specified intermediate
                 access point in the fixed public electronic communications network;"

      (c)   definition (c) shall be replaced by the following:

                                                                                   PE 426.182\ 173


                                                                                                      EN
                       "(c) "full unbundled access to the local loop" means the provision to a
                            beneficiary of access to the local loop or local sub-loop of the SMP
                            operator allowing the use of the full capacity of the network
                            infrastructure;"

              (d)      definition (d) shall be replaced by the following:

                       "(d) "shared access to the local loop" means the provision to a beneficiary of
                            access to the local loop or local sub-loop of the SMP operator, allowing the
                            use of a specified part of the capacity of the network infrastructure such as
                            a part of the frequency or an equivalent;"

              (e)      in part A, points 1, 2 and 3 shall be replaced by the following:

                       "1.     Network elements to which access is offered covering in particular the
                               following elements together with appropriate associated facilities:

                               (a)      unbundled access to local loops (full and shared);

                               (b)      unbundled access to local sub-loops (full and shared), including,
                                        when relevant, access to network elements which are not active for
                                        the purpose of roll-out of backhaul networks;

                               (c)      where relevant, duct access enabling the roll out of access networks.

                       2.      Information concerning the locations of physical access sites including
                               cabinets and distribution frames, availability of local loops, sub-loops and
                               backhaul in specific parts of the access network and when relevant,
                               information concerning the locations of ducts and the availability within
                               ducts;

                       3.      Technical conditions related to access and use of local loops and sub-loops,
                               including the technical characteristics of the twisted pair and/or optical
                               fibre and/or equivalent, cable distributors, and associated facilities and,
                               when relevant, technical conditions related to access to ducts;"

              (f)      in part B, point 1 shall be replaced by the following:

                       "1.     Information on the SMP operator's existing relevant sites or equipment
                               locations and planned update thereof*.
                       ________________________________


                       ∗
                               Availability of this information may be restricted to interested parties only, in order
                               to avoid public security concerns.";

                                                          Article 3
                           Amendments to Directive 2002/20/EC (Authorisation Directive)

     Directive 2002/20/EC is hereby amended as follows:



     174 /PE 426.182


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1)    Article 2(2) shall be replaced by the following:

      "2.   The following definition shall also apply:

            "general authorisation" means a legal framework established by the Member
            State ensuring rights for the provision of electronic communications networks or
            services and laying down sector specific obligations that may apply to all or to
            specific types of electronic communications networks and services, in
            accordance with this Directive.";

1a)   In Article 3(2) the following subparagraph shall be added:

            "Undertakings providing cross-border electronic communications services to
            undertakings located in several Member States shall not be required to submit
            more than one notification per Member State concerned."

2)    Article 5 shall be replaced by the following:

      "Article 5
      Rights of use for radio frequencies and numbers

      1.    Member States shall facilitate the use of radio frequencies under general
            authorisations. Where necessary, Member States may grant individual rights of
            use in order to:

            –      avoid harmful interference,

            –      ensure technical quality of service,

            –      safeguard efficient use of spectrum, or

            –      fulfil other objectives of general interest as defined by Member States in
                   conformity with Community law.

      2.    Where it is necessary to grant individual rights of use for radio frequencies and
            numbers, Member States shall grant such rights, upon request, to any
            undertaking for the provision of networks or services under the general
            authorisation referred to in Article 3, subject to the provisions of Articles 6, 7
            and 11(1)(c) of this Directive and any other rules ensuring the efficient use of
            those resources in accordance with Directive 2002/21/EC
            (Framework Directive).

            Without prejudice to specific criteria and procedures adopted by Member States
            to grant rights of use of radio frequencies to providers of radio or television
            broadcast content services with a view to pursuing general interest objectives in
            conformity with Community law, the rights of use for radio frequencies and
            numbers shall be granted through open, objective, transparent, non-
            discriminatory and proportionate procedures, and, in the case of radio
            frequencies, in accordance with the provisions of Article 9 of Directive
            2002/21/EC (Framework Directive). An exception to the requirement of open
            procedures may apply in cases where the granting of individual rights of use of

                                                                                 PE 426.182\ 175


                                                                                                   EN
                       radio frequencies to the providers of radio or television broadcast content
                       services is necessary to achieve a general interest objective as defined by
                       Member States in conformity with Community law.

                       When granting rights of use, Member States shall specify whether those rights
                       can be transferred by the holder of the rights, and under which conditions. In the
                       case of radio frequencies, such provision shall be in accordance with Articles 9
                       and 9b of Directive 2002/21/EC (Framework Directive).

                       Where Member States grant rights of use for a limited period of time, the
                       duration shall be appropriate for the service concerned in view of the objective
                       pursued taking due account of the need to allow for an appropriate period for
                       amortisation of investment.

                       Where individual right to use radio frequencies are granted for ▌10 years or
                       more and that may not be transferred or leased between undertakings pursuant to
                       Article 9b of Directive 2002/21/EC (Framework Directive) ▌ the competent
                       national authority shall ensure that the criteria to grant individual rights of use
                       apply and are complied with for the duration of the licence, in particular upon a
                       justified request of the holder of the right. If those criteria ▌ are no longer
                       applicable, the individual right of use shall be changed into a general
                       authorisation for the use of radio frequencies, subject to prior notice and after a
                       reasonable period of time, or shall be made transferable or leaseable between
                       undertakings in accordance with Article 9b of Directive 2002/21/EC (Framework
                       Directive).

              3.       Decisions on the granting of rights of use shall be taken, communicated and
                       made public as soon as possible after receipt of the complete application by the
                       national regulatory authority, within three weeks in the case of numbers that
                       have been allocated for specific purposes within the national numbering plan and
                       within six weeks in the case of radio frequencies that have been allocated to be
                       used by electronic communications services within the national frequency plan.
                       The latter time limit shall be without prejudice to any applicable international
                       agreements relating to the use of radio frequencies or of orbital positions.

              4.       Where it has been decided, after consultation with interested parties in
                       accordance with Article 6 of Directive 2002/21/EC (Framework Directive), that
                       rights for use of numbers of exceptional economic value are to be granted
                       through competitive or comparative selection procedures, Member States may
                       extend the maximum period of three weeks by up to a further three weeks.

                       With regard to competitive or comparative selection procedures for radio
                       frequencies, Article 7 shall apply.

              5.       Member States shall not limit the number of rights of use to be granted except
                       where this is necessary to ensure the efficient use of radio frequencies in
                       accordance with Article 7.

              6.       Competent national authorities shall ensure that radio frequencies are efficiently
                       and effectively used in accordance with Articles 8(2) and 9(2) of Directive
                       2002/21/EC (Framework Directive). They shall ensure competition is not

     176 /PE 426.182


EN
           distorted by any transfer or accumulation of rights of use of radio frequencies ▌.
           For such purposes, Member States may take appropriate measures such as
           mandating the sale or the lease of rights to use radio frequencies.";

3)   Article 6 shall be amended as follows:

     (a)   paragraph 1 shall be replaced by the following:

           "1.    The general authorisation for the provision of electronic communications
                  networks or services and the rights of use for radio frequencies and rights
                  of use for numbers may be subject only to the conditions listed in Annex I.
                  Such conditions shall be non-discriminatory, proportionate and transparent
                  and, in the case of rights of use for radio frequencies, shall be in
                  accordance with Article 9 of Directive 2002/21/EC (Framework
                  Directive).";

     (b)   in paragraph 2, the words "Articles 16, 17, 18 and 19 of Directive 2002/22/EC
           (Universal Service Directive)" shall be replaced by the words "Article 17 of
           Directive 2002/22/EC (Universal Service Directive)";

     (c)   in paragraph 3, the word "Annex" shall be replaced by the words "Annex I";

4)   Article 7 shall be amended as follows:

     (a)   paragraph 1 shall be amended as follows:

           (i)    The introductory phrase shall be replaced by the following:

                  "1.   Where a Member State is considering whether to limit the number of
                        rights of use to be granted for radio frequencies or whether to extend
                        the duration of existing rights other than in accordance with the terms
                        specified in such rights, it shall inter alia:";

           (ii)   point (c) shall be replaced by the following:

                  "(c) publish any decision to limit the granting of rights of use or the
                       renewal of rights of use, stating the reasons therefore;";

     (b)   paragraph 3 shall be replaced by the following:

           "3.    Where the granting of rights of use for radio frequencies needs to be
                  limited, Member States shall grant such rights on the basis of selection
                  criteria which must be objective, transparent, non-discriminatory and
                  proportionate. Any such selection criteria must give due weight to the
                  achievement of the objectives of Article 8 of Directive 2002/21/EC
                  (Framework Directive) and of the requirements of Article 9 of that
                  Directive.";

     (c)   in paragraph 5, the words "Article 9" shall be replaced by the words "Article 9b";

5)   Article 10 shall be amended as follows:


                                                                                 PE 426.182\ 177


                                                                                                   EN
              (a)      paragraph 1, 2 and 3 shall be replaced by the following:

                       "1.   National regulatory authorities shall monitor and supervise compliance
                             with the conditions of the general authorisation or of rights of use and with
                             the specific obligations referred to in Article 6(2), in accordance with
                             Article 11.

                             National regulatory authorities shall have the power to require
                             undertakings providing electronic communications networks or services
                             covered by the general authorisation or enjoying rights of use for radio
                             frequencies or numbers to provide all information necessary to verify
                             compliance with the conditions of the general authorisation or of rights of
                             use or with the specific obligations referred to in Article 6(2), in
                             accordance with Article 11.

                       2.    Where a national regulatory authority finds that an undertaking does not
                             comply with one or more of the conditions of the general authorisation or
                             of rights of use, or with the specific obligations referred to in Article 6(2),
                             it shall notify the undertaking of those findings and give the undertaking
                             the opportunity to state its views, within a reasonable time limit.

                       3.    The relevant authority shall have the power to require the cessation of the
                             breach referred to in paragraph 2 either immediately or within a reasonable
                             time limit and shall take appropriate and proportionate measures aimed at
                             ensuring compliance.

                             In this regard, Member States shall empower the relevant authorities to
                             impose:

                             (a)   dissuasive financial penalties where appropriate, which may include
                                   periodic penalties having retroactive effect; and

                             (b)   orders to cease or delay provision of a service or bundle of services
                                   which, if continued, would result in significant harm to
                                   competition, pending compliance with access obligations imposed
                                   following a market analysis carried out in accordance with Article
                                   16 of Directive 2002/21/EC (Framework Directive).

                             The measures and the reasons on which they are based shall be
                             communicated to the undertaking concerned without delay and shall
                             stipulate a reasonable period for the undertaking to comply with the
                             measure.";

              (b)      paragraph 4 shall be replaced by the following:

                       "4.   Notwithstanding the provisions of paragraphs 2 and 3, Member States shall
                             empower the relevant authority to impose financial penalties where
                             appropriate on undertakings for failure to provide information in
                             accordance with the obligations imposed under Article 11(1)(a) or (b) of
                             this Directive and Article 9 of Directive 2002/19/EC (Access Directive)
                             within a reasonable period stipulated by the national regulatory authority.";


     178 /PE 426.182


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     (c)   paragraph 5 shall be replaced by the following:

           "5.   In cases of serious or repeated breaches of the conditions of the general
                 authorisation or of the rights of use, or specific obligations referred to in
                 Article 6(2), where measures aimed at ensuring compliance as referred to
                 in paragraph 3 of this Article have failed, national regulatory authorities
                 may prevent an undertaking from continuing to provide electronic
                 communications networks or services or suspend or withdraw rights of use.
                 Sanctions and penalties which are effective, proportionate and dissuasive
                 may be applied to cover the period of any breach, even if the breach has
                 subsequently been rectified.";

     (d)   paragraph 6 shall be replaced by the following:

           "6.   Irrespective of the provisions of paragraphs 2, 3 and 5, where the relevant
                 authority has evidence of a breach of the conditions of the general
                 authorisation rights of use or of the specific obligations referred to in
                 Article 6(2) that represents an immediate and serious threat to public
                 safety, public security or public health or will create serious economic or
                 operational problems for other providers or users of electronic
                 communications networks or services or other users of the radio spectrum,
                 it may take urgent interim measures to remedy the situation in advance of
                 reaching a final decision. The undertaking concerned shall thereafter be
                 given a reasonable opportunity to state its views and propose any remedies.
                 Where appropriate, the relevant authority may confirm the interim
                 measures, which shall be valid for a maximum of 3 months, but which
                 may, in circumstances where enforcement procedures have not been
                 completed, be extended for a further period of up to three months.";

6)   Article 11, paragraph 1 shall be amended as follows:

     (a)   point (a) shall be replaced by the following:

           "(a) systematic or case-by-case verification of compliance with conditions 1
                and 2 of Part A, conditions 2 and 6 of Part B and conditions 2 and 7 of Part
                C of the Annex I and of compliance with obligations as referred to in
                Article 6(2);";

     (b)   in point (b), the word "Annex" shall be replaced by "Annex I";

     (c)   the following points shall be added:

           "(g) safeguarding the efficient use and ensuring the effective management of
                radio frequencies;

           (h)   evaluating future network or service developments that could have an
                 impact on wholesale services made available to competitors.";

     (d)   the second subparagraph shall be replaced by the following:




                                                                               PE 426.182\ 179


                                                                                                 EN
                       "The information referred to in points (a), (b), (d), (e), (f), (g) and (h) of the
                       first subparagraph may not be required prior to, or as a condition for, market
                       access.";

     7)       Article 14 shall be replaced by the following:

              "Article 14
              Amendment of rights and obligations

              1.       Member States shall ensure that the rights, conditions and procedures concerning
                       general authorisations and rights of use or rights to install facilities may only be
                       amended in objectively justified cases and in a proportionate manner, taking into
                       consideration, where appropriate, the specific conditions applicable to
                       transferable rights of use for radio frequencies. Except where proposed
                       amendments are minor and have been agreed with the holder of the rights or
                       general authorisation, notice shall be given in an appropriate manner of the
                       intention to make such amendments and interested parties, including users and
                       consumers, shall be allowed a sufficient period of time to express their views on
                       the proposed amendments, which shall be no less than four weeks except in
                       exceptional circumstances.

              2.       Member States shall not restrict or withdraw rights to install facilities or rights of
                       use for radio frequencies before expiry of the period for which they were granted
                       except where justified and where applicable in conformity with Annex I and
                       relevant national provisions regarding compensation for withdrawal of rights.";

     8)       Article 15(1) shall be replaced by the following:

              "1.      Member States shall ensure that all relevant information on rights, conditions,
                       procedures, charges, fees and decisions concerning general authorisations, rights
                       of use and rights to install facilities is published and kept up to date in an
                       appropriate manner so as to provide easy access to that information for all
                       interested parties.";

     9)       in Article 17 paragraphs 1 and 2 shall be replaced by the following:

              "1.      Without prejudice to Article 9a of Directive 2002/21/EC (Framework Directive),
                       Member States shall bring general authorisations and individual rights of use
                       already in existence on 31 December 2009 into conformity with Articles 5, 6, 7,
                       and Annex I of this Directive within two years from the date of entry into force
                       of this Directive at the latest.

              2.       Where application of paragraph 1 results in a reduction of the rights or an
                       extension of the general authorisations and individual rights of use already in
                       existence, Member States may extend the validity of those authorisations and
                       rights until 30 September 2012 at the latest, provided that the rights of other
                       undertakings under Community law are not affected thereby. Member States
                       shall notify such extensions to the Commission and state the reasons therefore.";

     10)      the Annex shall be amended as set out in the Annex to this Directive;


     180 /PE 426.182


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                                             Article 4
                                              Repeal

Regulation (EC) No 2887/2000 is hereby repealed.

                                             Article 5
                                           Transposition

1.       Member States shall adopt and publish by 18 months after the date of adoption of the
         amending act the laws, regulations and administrative provisions necessary to comply
         with this Directive. They shall forthwith communicate to the Commission the text of
         such provisions. [Amendment 11 ]

         They shall apply those measures from one day after the date referred to in the first
         subparagraph. [Amendment 11]

         When Member States adopt these measures, they shall contain a reference to this
         Directive or shall be accompanied by such reference on the occasion of their official
         publication. The methods of making such reference shall be laid down by Member
         States.

2.       Member States shall communicate to the Commission the text of the main provisions
         of national law which they adopt in the field covered by this Directive.

                                             Article 6
                                          Entry into force

This Directive shall enter into force on the day following that of its publication in the
Official Journal of the European Union.

                                             Article 7
                                            Addressees

This Directive is addressed to the Member States.

Done at ║,

For the European Parliament                   For the Council

The President                                 The President




                                                                                     PE 426.182\ 181


                                                                                                       EN
                                                    ANNEX

     The Annex to Directive 2002/20/EC (Authorisation Directive) is amended as follows:

     1.       The first paragraph is replaced by the following heading:

              "The conditions listed in this Annex provide the maximum list of conditions which
              may be attached to general authorisations (Part A), rights to use radio frequencies (Part
              B) and rights to use numbers (Part C) as referred to in Article 6(1) and Article 11(1)(a),
              within the limits allowed under Articles 5, 6, 7, 8 and 9 of Directive 2002/21/EC
              (the Framework Directive).";

     2.       Part A is amended as follows:

              (a)      Point 4 is replaced by the following:

                       "4.   Accessibility by end users of numbers from the national numbering plan,
                             numbers from the European Telephone Numbering Space, the Universal
                             International Freephone Numbers, and, where technically and
                             economically feasible, from numbering plans of other Member States, and
                             conditions in conformity with Directive 2002/22/EC (Universal Service
                             Directive).";

              (b)      Point 7 is replaced by the following:

                       "7.   Personal data and privacy protection specific to the electronic
                             communications sector in conformity with Directive 2002/58/EC of the
                             European Parliament and of the Council (Directive on privacy and
                             electronic communications)*

                       ______________________
                       *
                             OJ L 201, 31.7.2002, p. 37.";

              (c)      Point 8 is replaced by the following:

                       "8.   Consumer protection rules specific to the electronic communications
                             sector, including conditions in conformity with Directive 2002/22/EC
                             (Universal Service Directive), and conditions on accessibility for users
                             with disabilities in accordance with Article 7 of that Directive.";

              (d)      In point 11, the words "Directive 97/66/EC" are replaced by the words
                       "Directive 2002/58/EC";

              (e)      The following point is inserted:


     182 /PE 426.182


EN
             "11a. Terms of use for communications from public authorities to the general
                   public for warning the public of imminent threats and for mitigating the
                   consequences of major catastrophes.";

       (f)   Point 12 is replaced by the following:

             "12. Terms of use during major disasters or national emergencies to ensure
                  communications between emergency services and authorities.";

       (g)   Point 16 is replaced by the following:

             "16. Security of public networks against unauthorised access according to
                  Directive 2002/58/EC (Directive on Privacy and electronic
                  communications).";

       (h)   The following point is added:

             "19. Transparency obligations on public communications network providers
                   providing electronic communications services available to the public to
                   ensure end-to-end connectivity, in conformity with the objectives and
                   principles set out in Article 8 of Directive 2002/21/EC (Framework
                   Directive), disclosure regarding any conditions limiting access to and/or
                   use of services and applications where such conditions are allowed by
                   Member States in conformity with Community law, and, where necessary
                   and proportionate, access by national regulatory authorities to such
                   information needed to verify the accuracy of such disclosure.";

3.   Part B is amended as follows:

       (a)   Point 1 is replaced by the following:

             "1.   Obligation to provide a service or to use a type of technology for which the
                   rights of use for the frequency has been granted, including, where
                   appropriate, coverage and quality requirements.";

       (b)   Point 2 is replaced with the following:

             "2.   Effective and efficient use of frequencies in conformity with
                   Directive 2002/21/EC (Framework Directive).";

       (c)   The following point is added:

             "9.   Obligations specific to an experimental use of radio frequencies.";

       4.    In part C, point 1 is replaced by the following:

             "1.   Designation of service for which the number shall be used, including any
                   requirements linked to the provision of that service and, for the avoidance
                   of doubt, tariff principles and maximum prices that can apply in the
                   specific number range for the purposes of ensuring consumer protection in
                   accordance with Article 8(4)(b) of Directive 2002/21/EC (Framework
                   Directive).".

                                                                                   PE 426.182\ 183


                                                                                                     EN
     P6_TA-PROV(2009)0362

     Body of European Regulators for Electronic Communications (BEREC) and
     the Office ***II
     European Parliament legislative resolution of 6 May 2009 on the Council common
     position for adopting a regulation of the European Parliament and of the Council
     establishing the Group of European Regulators in Telecoms (GERT) (16498/1/2008 – C6-
     0067/2009 – 2007/0249(COD))
     (Codecision procedure: second reading)



     The European Parliament,

     – having regard to the Council common position (16498/1/2008 – C6-0067/2009),

     – having regard to its position at first reading1 on the Commission proposal to Parliament and
       the Council (COM(2007)0699),

     – having regard to the amended Commission proposal (COM(2008)0720),

     – having regard to Article 251(2) of the EC Treaty,

     – having regard to Rule 62 of its Rules of Procedure,

     – having regard to the recommendation for second reading of the Committee on Industry,
       Research and Energy (A6-0271/2009),

     1. Approves the common position as amended;

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




     1
         Texts adopted, 24.9.2008, P6_TA(2008)0450.

     184 /PE 426.182


EN
P6_TC2-COD(2007)0249

Position of the European Parliament adopted at second reading on 6 May 2009 with a
view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the
Council establishing the Body of European Regulators for Electronic Communications and
the Office

(Text with EEA relevance)

[Amendment 1/rev]



THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing, the European Community, and in particular Article 95
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee1,

Having regard to the opinion of the Committee of the Regions2,

Acting in accordance with the procedure laid down in Article 251 of the Treaty3,

Whereas:

(1)   Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on
      a common regulatory framework for electronic communications networks and services
      (Framework Directive)4, Directive 2002/19/EC of the European Parliament and of the
      Council of 7 March 2002 on access to, and interconnection of, electronic communications
      networks and associated facilities (Access Directive)5, Directive 2002/20/EC of the
      European Parliament and of the Council of 7 March 2002 on the authorisation of
      electronic communications networks and services (Authorisation Directive)6, Directive
      2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal
      service and users' rights relating to electronic communications networks and services
      (Universal Service Directive)7 and Directive 2002/58/EC of the European Parliament and
      of the Council of 12 July 2002 concerning the processing of personal data and the
      protection of privacy in the electronic communications sector (Directive on privacy and


1
      OJ C 224, 30.8.2008, p. 50.
2
      OJ C 257, 9.10.2008, p. 51.
3
      Opinion of the European Parliament of 24 September 2008 (not yet published in the Official
      Journal), Council Common Position of 16 February 2009 (not yet published in the Official
      Journal) and Position of the European Parliament of 6 May 2009.
4
      OJ L 108, 24.4.2002, p. 33.
5
      OJ L 108, 24.4.2002, p. 7.
6
      OJ L 108, 24.4.2002, p. 21.
7
      OJ L 108, 24.4.2002, p. 51.

                                                                                      PE 426.182\ 185


                                                                                                        EN
           electronic communications)1 (together referred to as "the Framework Directive and the
           Specific Directives") aim to create an internal market for electronic communications
           within the Community while ensuring a high level of investment, innovation and
           consumer protection through enhanced competition.

     (1a) Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27
          June 2007 on roaming on public mobile telephone networks within the Community2
          complements and supports, insofar as Community-wide roaming is concerned, the rules
          provided for by the regulatory framework for electronic communications.

     (2)   The need for the EU regulatory framework to be consistently applied in all Member
           States is essential for the successful development of an internal market for electronic
           communications networks and services. The EU regulatory framework sets out objectives
           to be achieved and provides a framework for action by national regulatory authorities
           (NRAs), whilst granting them flexibility in certain areas to apply the rules in the light of
           national conditions.

     (3)   In view of the need to ensure the development of consistent regulatory practice and the
           consistent application of the EU regulatory framework, the Commission established the
           European Regulators Group (ERG) pursuant to Commission Decision 2002/627/EC of
           29 July 2002 establishing the European Regulators Group for Electronic Communications
           Networks and Services3 to advise and assist the Commission in the development of the
           internal market and, more generally, to provide an interface between NRAs and the
           Commission.

     (4)   The ERG has made a positive contribution towards consistent regulatory practice by
           facilitating cooperation between NRAs, and between NRAs and the Commission. This
           approach to developing greater consistency among NRAs by exchanging information and
           knowledge on practical experience has proved successful in the short period following its
           deployment. Continued and intensified cooperation and coordination between NRAs will
           be required to develop further the internal market in electronic communication networks
           and services.

     (5)   This calls for the strengthening of the ERG and its recognition in the EU regulatory
           framework as the Body of European Regulators for Electronic Communications
           (BEREC). BEREC should neither be a Community agency nor have legal personality.
           BEREC should replace the ERG and act as an exclusive forum for cooperation among
           NRAs and between NRAs and the Commission, in the exercise of the full range of their
           responsibilities under the EU regulatory framework. It should provide expertise and
           establish confidence by virtue of its independence, the quality of its advice and
           information, the transparency of its procedures and methods of operation, and its
           diligence in performing its tasks.

     (6)   BEREC should, through the pooling of expertise, assist NRAs without replacing the
           existing functions or duplicating work already being undertaken, and assist the
           Commission in the execution of its responsibilities.


     1
           OJ L 201, 31.7.2002, p. 37.
     2
           OJ L 171, 29.6.2007, p. 32.
     3
           OJ L 200, 30.7.2002, p. 38.

     186 /PE 426.182


EN
(7)   BEREC should continue the work of the ERG, developing cooperation between NRAs,
      and between NRAs and the Commission, so as to ensure the consistent application in all
      Member States of the EU regulatory framework for electronic communications networks
      and services, and thereby contributing to the development of the internal market.

(8)   BEREC should also serve as a body for reflection, debate and advice for the
      European Parliament, the Council and the Commission in the electronic communications
      field. BEREC should accordingly advise the European Parliament, the Council and the
      Commission, at their request or on its own initiative.

(9)   BEREC should pursue its tasks in cooperation with, and without prejudice to the role of,
      existing groups and committees such as the Communications Committee, established
      under the Directive 2002/21/EC (Framework Directive), the Radio Spectrum Committee
      established under Decision No 676/2002/EC of the European Parliament and Council of 7
      March 2002 on a regulatory framework for radio spectrum policy in the European
      Community (Radio Spectrum Decision)1, the Radio Spectrum Policy Group established
      under Commission Decision 2002/622/EC of 26 July 2002 establishing a Radio Spectrum
      Policy Group2, and the Contact Committee established under Directive 97/36/EC of the
      European Parliament and of the Council of 30 June 1997 amending Council Directive
      89/552/EEC on the coordination of certain provisions laid down by law, regulation or
      administrative action in Member States concerning the pursuit of television broadcasting
      activities3.

(9a) To provide BEREC with professional and administrative support, the Office should be
     established as a Community body with legal personality and should exercise the tasks
     conferred on it by this Regulation. This Office should have legal, administrative and
     financial autonomy, in order efficiently to provide BEREC with its support. The Office
     should comprise of a Management Committee and an Administrative Manager.

(9b) The organisational structures of BEREC and of the Office should be lean and suitable
     for the tasks they are to perform.

(9c) The Office should be a Community body within the meaning of Article 185 of Council
     Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation
     applicable to the general budget of the European Communities4 (Financial
     Regulation). The Interinstitutional Agreement of 17 May 2006 between the European
     Parliament, the Council and the Commission on budgetary discipline and sound
     financial management5, and in particular Point 47 thereof, should apply to the Office.

(10) Since the objectives of the proposed action, namely the further development of consistent
     regulatory practice through intensified cooperation and coordination between NRAs, and
     between NRAs and the Commission ▌cannot be sufficiently achieved by the Member
     States in view of the EU-wide scope of this Regulation, and can therefore be better
     achieved at Community level, the Community may adopt measures, in accordance with
     the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the

1
      OJ L 108, 24.4.2002, p. 1.
2
      OJ L 198, 27.7.2002, p. 49.
3
      OJ L 202, 30.7.1997, p. 60.
4
      OJ L 248, 16.9.2002, p. 1.
5
      OJ C 139, 14.6.2006, p. 1.

                                                                                  PE 426.182\ 187


                                                                                                    EN
           principle of proportionality, as set out in that Article, this Regulation does not go beyond
           what is necessary in order to achieve those objectives,

     HAVE ADOPTED THIS REGULATION:

                                               CHAPTER I
                                            ESTABLISHMENT

                                                Article 1
                                              Establishment

     1.     The Body of European Regulators for Electronic Communications (BEREC) is
            hereby established with the responsibilities laid down in this Regulation.

     2.     BEREC shall act within the scope of Directive 2002/21/EC (Framework Directive) and
            Directives 2002/19/EC, 2002/20/EC, ║ 2002/22/EC and 2002/58/EC (Specific
            Directives), and of Regulation (EC) No 717/2007 of the European Parliament and of
            the Council of 27 June 2007 on roaming on public mobile telephone networks within
            the Community1.

     3.     BEREC shall carry out its tasks independently, impartially and transparently. In all its
            activities, BEREC shall pursue the same objectives as those of the national regulatory
            authorities (NRAs), as set out in Article 8 of Directive 2002/21/EC (Framework
            Directive). In particular, BEREC shall contribute to the development and better
            functioning of the internal market for electronic communications networks and services,
            by aiming to ensure a consistent application of the EU regulatory framework for
            electronic communications.

     4.     BEREC shall draw upon expertise available in the NRAs and shall carry out its tasks
            in cooperation with the NRAs and the Commission. BEREC shall promote cooperation
            between NRAs, and between NRAs and the Commission. Furthermore, BEREC shall
            advise the Commission, and upon request, the European Parliament and the Council ▌.

                                              CHAPTER II
                                         ORGANISATION OF BEREC

                                                 Article 2
                                              Role of BEREC

     BEREC shall:

     (a)    develop and disseminate among NRAs regulatory best practice, such as common
            approaches, methodologies or guidelines on the implementation of the EU regulatory
            framework;

     (b)    on request, provide assistance to NRAs on regulatory issues ▌;




     1
           OJ L 171, 29.6.2007, p. 32.

     188 /PE 426.182


EN
(c)    deliver opinions on the draft decisions, recommendations and guidelines of the
       Commission, referred to in this Regulation, Directive 2002/21/EC (Framework
       Directive) and the Specific Directives;

(d)    issue reports and provide advice, upon reasoned request of the Commission or on its
       own initiative, and deliver opinions to the European Parliament and the Council, upon
       reasoned request or on its own initiative, on any matter regarding electronic
       communications within its competence;

(e)    on request, assist the European Parliament, the Council, the Commission and the NRAs
       in relations, discussions and exchanges with third parties; and assist the Commission
       and NRAs in the dissemination of regulatory best practices to third parties.

                                         Article 2a
                                      Tasks of BEREC

1.     The tasks of BEREC shall be:

(a)    to deliver opinions on draft measures of NRAs concerning market definition,
       designation of undertakings with significant market power and imposition of remedies,
       in accordance with Articles 7 and -7a of Directive 2002/21/EC (Framework Directive);
       and to cooperate and work together with the NRAs in accordance with Articles 7 and -
       7a of Directive 2002/21/EC (Framework Directive);

(b)    to deliver opinions on draft recommendations and/or guidelines on the form, content
       and level of details to be given in notifications, in accordance with Article 7a of
       Directive 2002/21/EC (Framework Directive);

(c)    to be consulted on draft recommendations on relevant product and service markets, in
       accordance with Article 15 of Directive 2002/21/EC (Framework Directive);

(d)    to deliver opinions on draft decisions on the identification of transnational markets, in
       accordance with Article 15 of Directive 2002/21/EC (Framework Directive);

(da)   on request, to provide assistance to NRAs, in the context of the analysis of the relevant
       market in accordance with Article 16 of Directive 2002/21/EC (Framework Directive);

(e)    to deliver opinions on draft decisions and recommendations on harmonisation, in
       accordance with Article 19 of Directive 2002/21/EC (Framework Directive);

(ea)   to be consulted and to deliver opinions on cross-border disputes in accordance with
       Article 21 of Directive 2002/21/EC (Framework Directive);

(f)    to deliver opinions on draft decisions authorising or preventing a NRA from taking
       exceptional measures, in accordance with Article 8 of Directive 2002/19/EC (Access
       Directive);

(fa)   to be consulted on draft measures relating to effective access to the emergency call
       number 112, in accordance with Article 26 of Directive 2002/22/EC (Universal
       Service Directive);



                                                                                 PE 426.182\ 189


                                                                                                   EN
     (fb)   to be consulted on draft measures relating to the effective implementation of the 116
            numbering range, in particular the missing children hotline number 116000, in
            accordance with Article 27a of Directive 2002/22/EC (Universal Service Directive);

     (fc)   to assist the Commission with the updating of Annex II of Directive 2002/19/EC
            (Access Directive), in accordance with Article 9 of that Directive;

     (fd)   on request, to provide assistance to NRAs on issues relating to fraud or the misuse of
            numbering resources within the Community in particular for cross-border services;

     (fe)   to deliver opinions aiming to ensure the development of common rules and
            requirements for providers of cross-border business services;

     (ff)   to monitor and report on the electronic communications sector, including publishing
            of an annual report on the developments in the sector.

     2.     BEREC may, upon reasoned request from the Commission, decide unanimously to
            take on other specific tasks necessary for the accomplishment of its role within the
            scope defined in Article 1(2).

     3.     NRAs and the Commission shall take the utmost account of any opinion,
            recommendation, guidelines, advice or regulatory best practice adopted by BEREC.
            BEREC may, where appropriate, consult the relevant national competition authorities
            before issuing its opinion to the Commission.


                                             Article 3
                              Composition and organisation of BEREC

     1.     BEREC shall be composed of the Board of Regulators.

     2.     The Board of Regulators shall be composed of one member per Member State who
            shall be the head or nominated high-level representative of the NRA established in
            each Member State with primary responsibility for overseeing the day-to-day
            operation of the markets for electronic communications networks and services.

            When carrying out its tasks conferred upon it by this Regulation, BEREC shall act
            independently.

            The Members of the Board of Regulators shall neither seek nor accept any instruction
            from any government, from the Commission, or from any other public or private
            group.

            NRAs shall nominate one alternate per Member State.

            The Commission shall attend as observer and shall be represented at an appropriate
            level.

     3.     NRAs from European Economic Area (EEA) States and from those states that are
            candidates for accession to the European Union shall have observer status and shall be
            represented at an appropriate level. BEREC may invite other experts and observers to
            attend its meetings.

     190 /PE 426.182


EN
4.    The Board of Regulators shall appoint its Chair and its Vice-Chair(s) from among its
      members, subject to the rules of procedure. The Vice-Chair(s) shall automatically
      assume the duties of the Chair if the latter is not in a position to perform his/her
      duties. The term of office of the Chair and of the Vice-Chair(s) shall be one year.

5.    Without prejudice to the role of the Board of Regulators in relation to the tasks of the
      Chair, the Chair shall neither seek nor accept any instruction from any government
      or NRA, from the Commission, or from any other public or private group.

6.    Plenary meetings of the Board of Regulators shall be convened by its Chair and shall
      occur at least four times a year in ordinary session. Extraordinary meetings shall also be
      convened at the initiative of the Chair, at the request of the Commission or at the
      request of at least one third of the Board's members. The agenda of the meeting shall be
      set by the Chair and made public.

7.    The work of BEREC may be organised into Expert Working Groups ▌.

8.    The Commission shall be invited to all plenary meetings of the Board of Regulators.

9.    The Board of Regulators shall act by two-thirds majority of its all members unless
      otherwise provided in this Regulation or in the Framework Directive or the Specific
      Directives. Each member or alternate shall have one vote. These decisions shall be
      made public, and shall indicate the reservations of an NRA at its request.

10.   The Board of Regulators shall adopt and make publicly available the rules of
      procedure of BEREC. The rules of procedure shall set out in greater detail the
      arrangements governing voting, including the conditions under which one member
      may act on behalf of another member, the rules governing quorums, and the
      notification deadlines for meetings. Furthermore, the rules of procedure shall
      guarantee that the members of the Board of Regulators are always provided with full
      agendas and draft proposals in advance of each meeting in order to have the chance
      to propose amendments prior to the vote. The rules of procedure may, inter alia, also
      set out urgent voting procedures.

11.   Administrative and professional support services shall be provided to BEREC by the
      Office referred to in Article 3b.

                                          Article 3a
                              Tasks of the Board of Regulators

1.    The Board of Regulators shall fulfil the tasks of BEREC set out in Article 2a and take
      all decisions relating to the performance of its functions.

2.    The Board of Regulators shall approve the voluntary financial contribution from
      Member States or NRAs before they are made in accordance with Article 3g(1)(b)
      subject to the following arrangements:

      (a)    by unanimity where all Member States or NRAs have decided to make a
             contribution,




                                                                                 PE 426.182\ 191


                                                                                                   EN
            (b)        by simple majority where a number of Member States or NRAs acting
                       unanimously have decided to make a contribution.

     3.     The Board of Regulators shall adopt, on behalf of BEREC, the special provisions on
            right of access to the documents of BEREC, in accordance with Article 8b.

     4.     The Board of Regulators shall, after consulting interested parties in accordance with
            Article 5, adopt the annual work programme of BEREC before the end of each year
            preceding that to which the work programme relates. The Board of Regulators shall
            transmit the work programme to the European Parliament, the Council and the
            Commission each year as soon as it is adopted.

     5.     The Board of Regulators shall adopt the annual report on activities of BEREC and
            shall transmit it to the European Parliament, the Council, the Commission, the
            European Economic and Social Committee and the Court of Auditors each year by 15
            June at the latest. The European Parliament may request the Chair of the Board of
            Regulators to address it on relevant issues relating to activities of BEREC.

                                                  Article 3b
                                                  The Office

     1.     The Office is hereby established as a Community body with legal personality pursuant
            to Article 185 of the Financial Regulation and Point 47 of the Interinstitutional
            Agreement of 17 May 2006 on budgetary discipline and sound financial management
            (IIA).

     2.     Under the guidance of the Board of Regulators, the Office shall in particular:

            -          provide professional and administrative support services to BEREC;

            -          collect information from NRAs and exchange and transmit information in
                       relation to the role and tasks set out in Articles 2(a) and 2a;

            -          disseminate regulatory best practices among NRAs, in accordance with Article
                       2(a);

            -          assist the Chair in the preparation of the work of the Board of Regulators;

            -          set up the Expert Working Groups, upon request of the Board of Regulators,
                       and provide support to ensure their smooth functioning.

     3.      The Office shall comprise

            (a)        a Management Committee,

            (b)        an Administrative Manager.

     4.     In every Member State the Office shall enjoy the most extensive legal capacity
            accorded to legal persons under national law. It may, in particular, acquire and
            dispose of movable and immovable property and be a party to legal proceedings.



     192 /PE 426.182


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5.   The Office shall be managed by the Administrative Manager and shall have staff
     strictly limited to the number required to carry out its duties. The number of staff shall
     be proposed by members of the Management Committee and the Administrative
     Manager in accordance with Article 3g. Any proposal to increase the number of staff
     may only be taken by unanimous decision of the Management Committee.

                                      Article 3c
                                 Management Committee

1.   The Management Committee shall be composed of one member per Member State
     who shall be the head or nominated high level representative of the independent NRA
     established in each Member State with primary responsibility for overseeing the day-
     to-day operation of the markets for electronic communications networks and services,
     and one member representing the Commission.

     Each Member shall have one vote.

     The provisions of Article 3 shall apply, mutatis mutandis, to the Management
     Committee.

2.   The Management Committee shall appoint the Administrative Manager. The
     Administrative Manager designated shall not participate in the preparation of, or vote
     on, such a decision.

3.   The Management Committee shall provide guidance to the Administrative Manager in
     the execution of the Administrative Manager’s tasks.

4.   The Management Committee shall be responsible for the appointment of staff.

5.   The Management Committee shall assist in the work of the Expert Working Groups.

                                       Article 3d
                               The Administrative Manager

1.   The Administrative Manager shall be accountable to the Management Committee. In
     the performance of his/her functions, the Administrative Manager shall not seek or
     accept any instruction from any Member State, any NRA, the Commission or any
     third party.

2.   The Administrative Manager shall be appointed by the Management Committee on
     the basis of merit as well as skills and experience relevant to electronic
     communications networks and services by means of an open competition. Before
     appointment, the suitability of the candidate selected by the Management Committee
     may be subject to a non-binding opinion of the European Parliament. To this end, the
     candidate shall be invited to make a statement before the responsible committee of the
     European Parliament and answer questions put by its members.

3.   The Administrative Manager’s term of office shall be three years.

4.   The Management Committee may extend the term of office of the Administrative
     Manager once for not more than three years, taking into account the evaluation


                                                                                PE 426.182\ 193


                                                                                                  EN
            report undertaken by the Chair and only in those cases where it can be justified by the
            duties and requirements of BEREC.

            The Management Committee shall inform the European Parliament of any intention
            to extend the Administrative Manager's term of office.

            If the term of office is not extended, the Administrative Manager shall remain in
            office until the appointment of his/her successor.

                                               Article 3e
                                 Tasks of the Administrative Manager

     1.     The Administrative Manager shall be responsible for heading the Office.

     2.     The Administrative Manager shall assist with the preparation of the agenda of the
            Board of Regulators, the Management Committee and the Expert Working Groups.
            He/she shall participate, without having the right to vote, in the work of the Board of
            Regulators of BEREC and the Management Committee.

     3.     Every year the Administrative Manager shall assist the Management Committee with
            the preparation of the draft work programme of the Office for the following year. The
            draft work programme shall be submitted to the Management Committee before 30
            June of that year, and shall be adopted by the Management Committee before 30
            September of that year without pre-empting the final decision on the subsidy taken by
            the budgetary authority.

     4.     The Administrative Manager shall be responsible for supervising the implementation
            of the annual work programme of the Office, under the guidance of the Board of
            Regulators.

     5.     The Administrative Manager shall, under the supervision of the Management
            Committee, take the necessary measures, notably the adoption of internal
            administrative instructions and the publication of notices, to ensure the functioning of
            the Office in accordance with this Regulation.

     6.     The Administrative Manager shall, under the supervision of the Management
            Committee, implement the budget of the Office pursuant to Article 3i.

     7.     Each year the Administrative Manager shall assist with the preparation of the draft
            annual report on the activities of BEREC referred to in Article 3a(5).

                                               Article 3f
                                                 Staff

     1.     The Staff Regulations of Officials of the European Communities, the Conditions of
            employment of other servants of the European Communities and the rules adopted
            jointly by the European Community institutions for the purpose of applying these
            Staff Regulations and Conditions of employment shall apply to the staff of the Office,
            including to the Administrative Manager.




     194 /PE 426.182


EN
2.    The Management Committee, in agreement with the Commission, shall adopt the
      necessary implementing measures, in accordance with the arrangements provided for
      in Article 110 of the Staff Regulations of Officials of the European Communities.

3.    The powers conferred on the appointing authority by the Staff Regulations of
      Officials of the European Communities and on the authority entitled to conclude
      contracts by the Conditions of employment of other servants of the European
      Communities, shall be exercised by the Vice-Chair of the Management Committee.

4.    The Management Committee may adopt provisions to allow national experts from
      Member States to be appointed on secondment to the Office on a temporary basis and
      for a maximum of three years.

                                        CHAPTER IIa
                                    FINANCIAL PROVISIONS

                                          Article 3g
                                      Budget of the Office

1.    The revenues and resources of the Office shall consist notably of:

      (a)     a subsidy from the Community, entered under the appropriate headings of the
              general budget of the European Union (Commission Section), as decided by
              the budgetary authority and in accordance with Point 47 of the IIA;

      (b)     financial contributions from Member States or from their NRAs made on a
              voluntary basis in accordance with Article 3a(2). These contributions shall be
              used to finance specific items of operational expenditure as defined in the
              agreement to be concluded between the Office and the Member States or their
              NRAs pursuant to Article 19(1)(b) of Commission Regulation (EC, Euratom)
              No 2343/2002 of 23 December 2002 on the framework Financial Regulation
              for the bodies referred to in Article 185 of Council Regulation (EC, Euratom)
              No 1605/2002 on the Financial Regulation applicable to the general budget of
              the European Communities1. Each Member State shall ensure that NRAs have
              the adequate financial resources required to participate in the work of the
              Office. Before the establishment of the preliminary draft general budget of the
              European Communities, the Office shall forward to the budgetary authority
              appropriate, timely and detailed documentation on assigned revenues under
              this Article.

2.    The expenditure of the Office shall cover staff, administrative, infrastructure and
      operational expenses.

3.    Revenue and expenditure shall be in balance.

4.    All revenue and expenditure shall be the subject of forecasts for each financial year,
      coinciding with the calendar year, and shall be entered in its budget.



1
     OJ L 357, 31.12.2002, p. 72.

                                                                               PE 426.182\ 195


                                                                                                 EN
     5.     The organisational and financial structure of the Office shall be reviewed five years
            after the date of establishment of the Office.

                                               Article 3h
                                      Establishment of the budget

     1.     By 15 February of each year at the latest, the Administrative Manager shall assist the
            Management Committee with the preparation of a preliminary draft budget covering
            the expenditure anticipated for the following financial year, together with a list of
            provisional posts. Each year the Management Committee shall, on the basis of the
            draft, make an estimate of revenue and expenditure of the Office for the following
            financial year. This estimate, including a draft establishment plan, shall be
            transmitted by the Management Committee to the Commission by 31 March at the
            latest.

     2.     The estimate shall be transmitted by the Commission to the European Parliament and
            to the Council (the budgetary authority) together with the preliminary draft general
            budget of the European Union.

     3.     On the basis of the estimates, the Commission shall enter in the preliminary draft
            general budget of the European Union the forecasts it considers necessary in respect
            of the establishment plan and propose the amount of the subsidy.

     4.     The budgetary authority shall adopt the establishment plan for the Office.

     5.     The budget of the Office shall be drawn up by the Management Committee. It shall
            become final after the final adoption of the general budget of the European Union.
            Where necessary, it shall be adjusted accordingly.

     6.     The Management Committee shall, without delay, notify the budgetary authority of its
            intention to implement any project which may have significant financial implications
            for the funding of its budget, in particular any project relating to property such as the
            rental or purchase of buildings. It shall inform the Commission thereof. If either
            branch of the budgetary authority intends to issue an opinion, it shall, within two
            weeks after receipt of the information on the building project, notify the Management
            Committee of its intention to issue such an opinion. In the absence of a reply, the
            Management Committee may proceed with the planned operation.

                                              Article 3i
                               Implementation and control of the budget

     1.     The Administrative Manager shall act as authorising officer and shall implement the
            Office’s budget under the supervision of the Management Committee.

     2.     The Management Committee shall draw up an annual activity report for the Office,
            together with a statement of assurance. Those documents shall be made public.

     3.     By 1 March at the latest following the completion of each financial year, the Office
            accounting officer shall forward to the Commission's accounting officer and the
            Court of Auditors the provisional accounts accompanied by the report on budgetary
            and financial management over the financial year. The Office accounting officer


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       shall also send the report on budgetary and financial management to the European
       Parliament and the Council by 31 March of the following year at the latest. The
       Commission's accounting officer shall thereafter consolidate the provisional accounts
       of the institutions and decentralised bodies in accordance with Article 128 of
       Regulation (EC, Euratom) No 1605/2002.

4.     By 31 March at the latest following the completion of each financial year, the
       Commission's accounting officer shall forward the provisional accounts of the Office
       accompanied by the report on the budgetary and financial management over the
       financial year to the Court of Auditors. The report on budgetary and financial
       management over the financial year shall also be forwarded to the European
       Parliament and the Council.

5.     After receiving the observations of the Court of Auditors on the provisional accounts
       of the Office, in accordance with Article 129 of Regulation (EC, Euratom) No
       1605/2002, the Administrative Manager, acting on his/her own responsibility, shall
       draw up the final accounts of the Office and transmit them, for opinion, to the
       Management Committee

6.     The Management Committee shall deliver an opinion on the final accounts of the
       Office.

7.     The Administrative Manager shall transmit these final accounts, accompanied by the
       opinion of the Management Committee, no later than 1 July following the completion
       of the financial year, to the European Parliament, the Council, the Commission and
       the Court of Auditors.

8.     The final accounts shall be published.

9.     The Management Committee shall reply to the Court of Auditors' observations by 15
       October at the latest. The Management Committee shall also send this reply to the
       European Parliament and the Commission.

10.    The Management Committee shall submit to the European Parliament, at the latter's
       request, and as provided for in Article 146(3) of Regulation (EC, Euratom) No
       1605/2002, any information necessary for the smooth running of the discharge
       procedure for the financial year in question.

11.    The European Parliament shall, following a recommendation from the Council acting
       by a qualified majority, before 15 May of year N+2 grant a discharge to the
       Management Committee for the implementation of the budget for the financial year
       N.

                                         Article 3j
                                  Internal control systems

The Internal Auditor of the Commission shall be responsible for auditing the Office.

                                        Article 3k
                                      Financial rules



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                                                                                                 EN
     Commission Regulation (EC, Euratom) No 2343/2002 applies to the Office.

     Further financial rules applicable to the Office shall be drawn up by the Management
     Committee after consultation with the Commission. Those rules may deviate from
     Commission Regulation 2343/2002 if the specific operational needs for the functioning of the
     Office so require and only with the prior agreement of the Commission.

                                                    Article 3l
                                              Anti- fraud measures

     1.     For the purpose of combating fraud, corruption and other illegal acts, the provisions
            of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of
            25 May 1999 concerning investigations conducted by the European Anti-Fraud Office
            (OLAF)1 shall apply without any restriction.

     2.     The Office shall accede to the Interinstitutional Agreement of 25 May 1999 between
            the European Parliament, the Council of the European Union and the Commission of
            the European Communities concerning internal investigations by the European Anti-
            Fraud Office (OLAF)2 and shall immediately adopt appropriate provisions for all staff
            of the Office.

     3.     The funding decisions and the agreements and implementing instruments resulting
            from them shall explicitly stipulate that the Court of Auditors and OLAF may, if
            necessary, carry out on the-spot checks among the beneficiaries of monies disbursed
            by the Office as well as on the staff responsible for allocating these monies.

                                               CHAPTER III
                                           GENERAL PROVISIONS

                                                   Article 5
                                                  Consultation

     When appropriate, BEREC shall, before adopting opinions, regulatory best practice or reports,
     consult interested parties and give them the opportunity to comment within a reasonable period.
     BEREC shall, without prejudice to Article 8, make the results of the consultation procedure
     publicly available.

                                                    Article 6
                                         Transparency and accountability

     BEREC and the Office shall carry out their activities with a high level of transparency.
     BEREC and the Office shall ensure that the public and any interested parties are given
     objective, reliable and easily accessible information, in particular in relation to the results of
     their work.

     ▌

                                                 Article 7
                            Provision of information to BEREC and the Office
     1
           OJ L 136, 31.5.1999, p. 1.
     2
           OJ L 136, 31.5.1999, p. 15.

     198 /PE 426.182


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The Commission and NRAs shall provide information requested by BEREC and the Office to
enable it to perform their tasks. This information shall be managed in accordance with the rules
set out in Article 5 of Directive 2002/21/EC (Framework Directive).

                                          Article 8
                                        Confidentiality

Subject to Article 8b, neither BEREC nor the Office shall ▌ publish or disclose to third parties
information that they process or receive for which confidential treatment has been requested.

Members of the Board of Regulators, the Management Committee, the Administrative
Manager, external experts including the experts of the working groups, and members of the
staff of the Office shall be subject to the requirements of confidentiality pursuant to Article
287 of the Treaty, even after their duties have ceased.

BEREC and the Office shall lay down in their respective internal rules of procedure the
practical arrangements for implementing the confidentiality rules referred to in paragraphs 1
and 2.

                                          Article 8a
                                    Declaration of interests

The Office’s staff, the members of the Board of Regulators and the Management Committee
and the Administrative Manager of the Office shall make an annual declaration of
commitments and a declaration of interests indicating any direct or indirect interests, which
might be considered prejudicial to their independence. Such declarations shall be made in
writing. The declaration of interests made by the members of the Board of Regulators and the
Management Committee, and by the Administrative Manager shall be made public.

                                          Article 8b
                                     Access to documents

1.     Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30
       May 2001 regarding public access to European Parliament, Council and Commission
       documents1 shall apply to documents held by BEREC and the Office.

2.     The Board of Regulators and the Management Committee shall adopt practical
       measures for applying Regulation (EC) No 1049/2001 within six months from the date
       of the effective start of operations of BEREC and the Office, respectively.

3.     Decisions taken pursuant to Article 8 of Regulation (EC) No 1049/2001 may be the
       subject of a complaint to the Ombudsman or of proceedings before the Court of
       Justice of the European Communities, in accordance with the conditions laid down in
       Articles 195 and 230 of the Treaty respectively.

                                           Article 8c
                                   Privileges and immunities




1
     OJ L 145, 31.5.2001, p. 43.

                                                                                 PE 426.182\ 199


                                                                                                   EN
     The Protocol on Privileges and Immunities of the European Communities shall apply to the
     Office and its staff.

                                                Article 8d
                                          Liability of the Office

     1.     In the case of non-contractual liability, the Office shall, in accordance with the
            general principles common to the laws of the Member States, make good any damage
            caused by it or its staff in the performance of their duties. The Court of Justice of the
            European Communities shall have jurisdiction in any dispute over the remedying of
            such damage.

     2.     The personal financial and disciplinary liability of the Office staff towards the Office
            shall be governed by the relevant provisions applying to the staff of the Office.

                                            CHAPTER IIIa
                                          FINAL PROVISIONS

                                               Article 8e
                                          Evaluation and review

     Within three years of the effective start of operations, the Commission shall publish an
     evaluation report on the experience acquired as a result of the operation of BEREC and the
     Office. The evaluation report shall cover the results achieved by BEREC and the Office and
     their respective working methods, in relation to their respective objectives, mandates and
     tasks defined in this Regulation and in their respective annual work programmes. The
     evaluation report shall take into account the views of stakeholders, at both Community and
     national level and shall be forwarded to the European Parliament and to the Council. The
     European Parliament shall issue an opinion on the evaluation report.

                                                 Article 9
                                              Entry into force

     This Regulation shall enter into force on the twentieth day following that of its publication in
     the Official Journal of the European Union.

     This Regulation shall be binding in its entirety and directly applicable in all Member States.

     Done at ║,




     For the European Parliament                                          For the Council
     The President                                                        The President




     200 /PE 426.182


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