(b) providers of all enhanced digital television equipment
deployed for the reception of digital interactive televisionservices on interactive digital television platforms to
comply with an open API in accordance with the mini-
mum requirements of the relevant standards or specifi-cations.
2. Without prejudice to Article 5(1)(b) of Directive 2001/
…/EC (Access Directive) Member States shall encourage pro-prietors of APIs to make available on fair, reasonable andnon-discriminatory terms, and against appropriate remuner-ation, all such information as is necessary to enable providersof digital interactive television services to provide all servicessupported by the API in a fully functional form.
3. Within one year after the date of application referred to
in Article 26(1), second subparagraph, the Commission shallexamine the effects of this Article. If interoperability andfreedom of choice for users have not been adequately achievedin one or more Member States, the Commission may takeaction in accordance with the procedure laid down in Arti-cle 16(3) and (4).
Amendment 37
Annex I, point 3a (new)
3a. Additional marketsThe national market for international roaming services on
public mobile telephone networks.
9. Access to electronic communications networks and associated facilities
(access directive) ***II
A5-0434/2001
European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council directive on access to, and interconnection of, electronic communi-cations networks and associated facilities (access directive) (10418/1/2001 bdash C5-0416/2001 bdash
2000/0186(COD))
(Codecision procedure: second reading)
The European Parliament,
Ldash having regard to the Council common position (10418/1/2001 Ldash C5-0416/2001)(
1),
Ldash having regard to its position at first reading(2) on the Commission proposal to Parliament and the
Council (COM(2000)384)(3),
(1) OJ C 337, 30.11.2001, p. 1.
(2) OJ C 277, 1.10.2001, p. 72.
(3) OJ C 365E, 19.12.2000, p. 215 .C177E/152 EN 25.7.2002 Official Journal of the European Communities
Wednesday 12 December 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Ldash having regard to the Commission’s amended proposal (COM(2001)369)(1),
Ldash having regard to Article251(2) of the EC Treaty,Ldash having regard to Rule 80 of its Rules of Procedure,Ldash having regard to the recommendation for second reading of the Committee on Industry, External
Trade, Research and Energy (A5-0434/2001),
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and Commission.
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 29
Recital 8a (new)
(8a) Interoperability is of benefit to end-users and is an
important aim of this regulatory framework. Encouraginginteroperability is one of the objectives for national regula-tory authorities as set out in this framework, which also pro-vides for the Commission to publish a list of standards and/or specifications covering the provision of services, technicalinterfaces and/or network functions, as the basis for encour-aging harmonisation in electronic communications. MemberStates should encourage the use of the published standardsand/or specifications to the extent strictly necessary to ensureinteroperability of services and to improve freedom of choicefor users.
Amendment 31
Recital 12
(12) The review should be carried out using an economic
market analysis based on competition law methodology. Theaim is to reduce ex-ante sector specific rules progressively ascompetition in the market develops. However the procedurealso takes account of the possibility of new bottlenecks arisingas a result of technological development, which may requireex-ante regulation, for example in the area of broadband accessnetworks. It may well be the case that competition develops atdifferent speeds in different market segments and in differentMember States, and national regulatory authorities should beable to relax regulatory obligations in those markets wherecompetition is delivering the desired results. In order to ensurethat market players in similar circumstances are treated in simi-lar ways in different Member States, the Commission should beable to ensure harmonised application of the provisions of this(12) The review should be carried out using an economic
market analysis based on competition law methodology. Theaim is to reduce ex-ante sector specific rules progressively ascompetition in the market develops. However the procedurealso takes account of transitional problems in the market,
such as those related to international roaming, and of the
possibility of new bottlenecks arising as a result of technologi-cal development, which may require ex-ante regulation, forexample in the area of broadband access networks. It maywell be the case that competition develops at different speedsin different market segments and in different Member States,and national regulatory authorities should be able to relaxregulatory obligations in those markets where competition isdelivering the desired results. In order to ensure that marketplayers in similar circumstances are treated in similar ways in25.7.2002 EN C177E/153 Official Journal of the European Communities
Wednesday 12 December 2001
(1) OJ C 270 E, 25.9.2001, p. 161.
Directive. National regulatory authorities and national auth-
orities entrusted with the implementation of competition lawshould, where appropriate, co-ordinate their actions to ensure
that the most appropriate remedy is applied. The Community
and its Member States have entered into commitments oninterconnection of telecommunications networks in the contextof the World Trade Organisation agreement on basic telecom-munications that need to be respected.different Member States, the Commission should be able to
ensure harmonised application of the provisions of this Direc-tive. National regulatory authorities and national authorities
entrusted with the implementation of competition law should,
where appropriate, co-ordinate their actions to ensure that themost appropriate remedy is applied. The Community and itsMember States have entered into commitments on interconnec-tion of telecommunications networks in the context of theWorld Trade Organisation agreement on basic telecommuni-cations that need to be respected.
Amendment 30
Recital 21a (new)
(21a) In order to ensure that the pan-European electronic
communications market is effective and efficient, the Com-mission should monitor and publish information on chargeswhich contribute to determining prices to end-users.
Amendment 7
Recital 21b (new)
(21b) The development of the pan-European electronic com-
munications market, with its associated infrastructure, couldhave adverse effects on the environment and the landscape.Member States should therefore monitor this process and, ifnecessary, take action to minimise any such effects by meansof appropriate agreements and other arrangements with the
relevant authorities.
Amendment 27
Article6, paragraph3
3. Notwithstanding the provisions of paragraph1, Member
States may permit their national regulatory authority, onentry
into force of this Directive and periodically thereafter, to reviewthe conditions applied in accordance with this Article, byundertaking a market analysis in accordance with the first para-graph of Article15of Directive 2001/…/EC (Framework Direc-tive) to determine whether to maintain, amend or withdraw theconditions applied.3. Notwithstanding the provisions of paragraph1, Member
States may permit their national regulatory authority, as soon
as possible after the entry into force of this Directive and peri-
odically thereafter, to review the conditions applied in accord-ance with this Article, by undertaking a market analysis inaccordance with the first paragraph of Article15of Directive2001/…/EC (Framework Directive) to determine whether tomaintain, amend or withdraw the conditions applied
Amendment 28
Article7, paragraph3
3. Member States shall ensure that, immediately following
the date of application referred to in Article 18(1), secondsubparagraph, and periodically thereafter, NRAs undertake a3. Member States shall ensure that, as soon as possible after
the entry into force of this Directive, and periodically there-
after, NRAs undertake a market analysis, in accordance withC177E/154 EN 25.7.2002 Official Journal of the European Communities
Wednesday 12 December 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
market analysis, in accordance with Article15of Directive
2001/…/EC (Framework Directive) to determine whether tomaintain, amend or withdraw these obligations.Article15of Directive 2001/…/EC (Framework Directive) to
determine whether to maintain, amend or withdraw these obli-gations. An appropriate period of notice shall be given to
parties affected by such amendment or withdrawal of obli-
gations.
Amendment 19
Article8, paragraph3, subparagraph2
In exceptional circumstances, when a national regulatory auth-
ority intends to impose on operators with significant marketpower obligations for access or interconnection that go beyond
those set out in Article9t o1 3in this Directive it shall submit
this request to the Commission. The Commission, acting inaccordance with Article14(2) shall take a decision authorisingor preventing the national regulatory authority from takingsuch measures.In exceptional circumstances, when a national regulatory auth-
ority intends to impose on operators with significant marketpower otherobligations for access or interconnection than
those set out in Articles9 to 13 it shall submit this request to
the Commission. The Commission, acting in accordance withArticle14(2), shall take a decision authorising or preventing thenational regulatory authority from taking such measures.
10. Authorisation of electronic communications networks and services (authori-
sation directive) ***II
A5-0433/2001
European Parliament legislative resolution on the Council common position with a view to the
adoption of a European Parliament and Council directive on the authorisation of electronic com-munications networks and services (authorisation directive) (10419/1/2001 bdash C5-0417/2001 bdash
2000/0188(COD))
(Codecision procedure: second reading)
The European Parliament,
Ldash having regard to the Council common position (10419/1/2001 Ldash C5-0417/2001)(
1),
Ldash having regard to its position at first reading(2) on the Commission proposal to Parliament and the
Council (COM(2000)386)(3),
Ldash having regard to the Commission’s amended proposal (COM(2001)372)(4),
Ldash having regard to Article251(2) of the EC Treaty,Ldash having regard to Rule 80 of its Rules of Procedure,
Ldash having regard to the recommendation for second reading of the Committee on Industry, External
Trade, Research and Energy (A5-0433/2001),
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and Commission.
(1) OJ C 337, 30.11.2001, p. 18.
(2) OJ C 277, 1.10.2001, p. 116.
(3) OJ C 365E, 19.12.2000, p. 230.
(4) OJ C 270 E, 25.9.2001, p. 182.25.7.2002 EN C177E/155 Official Journal of the European Communities
Wednesday 12 December 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT