market analysis, in accordance with Article 15 of Directive
2001/…/EC (Framework Directive)to determine whether tomaintain, amend or withdraw these obligations.Article 15 of 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
Article 8, paragraph 3, subparagraph 2
In exceptional circumstances, when a national regulatory auth-
ority intends to impose on operators with significant marketpower obligations for access or interconnection thatgobeyond
those set out in Article 9t o1 3 in this Directive it shall submit
this request to the Commission. The Commission, acting inaccordance with Article 14(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 marketpowerother obligations for access or interconnection than
those set out in Articles 9 to 13 it shall submit this request to
the Commission. The Commission, acting in accordance withArticle 14(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 Udash C5-0417/2001 Udash
2000/0188(COD))
(Codecision procedure: second reading)
The European Parliament,
/dash having regard to the Council common position (10419/1/2001 /dash C5-0417/2001)(
1),
/dash having regard to its position at first reading (2)on the Commission proposal to Parliament and the
Council (COM(2000)386)(3),
/dash having regard to the Commission’s amended proposal (COM(2001)372)(4),
/dash having regard to Article 251(2)of the EC Treaty,/dash having regard to Rule 80 of its Rules of Procedure,
/dash 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 365 E, 19.12.2000, p. 230.
(4)OJ C 270 E, 25.9.2001, p. 182.25.7.2002 EN C 177 E/155 Official Journal of the European Communities
Wednesday 12December 2 001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 10
Recital 32
(32)In addition to administrative charges, usage fees may be
levied for the use of radio frequencies and numbers as an
instrument to ensure the optimal use of such resources. Such
fees should not hinder the development of innovative servicesand competition in the market. This Directive is without preju-dice to the purpose for which fees for rights of use areemployed. Such fees may for instance be used to finance activ-ities of national regulatory authorities that cannot be coveredby administrative charges.(32)In addition to administrative charges, usage fees may be
levied for the use of radio frequencies and numbers as an
instrument to ensure the optimal use of such resources. Such
fees should not hinder the development of innovative servicesand competition in the market. This Directive is without preju-dice to the purpose for which fees for rights of use areemployed. Such fees may for instance be used to finance activ-ities of national regulatory authorities that cannot be coveredby administrative charges. Where,inthecaseofcompetitiveor
comparative selection procedures, fees for rights of use ofradio frequencies consist entirely or partly of a one-offamount,paymentarrangementsshouldensurethatsuchfeesdo not in practice lead to selection on the basis of criteriaunrelated to the objective of ensuring optimal use of radiofrequencies.TheCommissionmaypublish,onaregularbasis,benchmarkstudiesonbestpracticeswithregardtoallocationofradiofrequencies,assignmentofnumbersorrightsofway.
Amendment 11
Article 14, paragraph 1a (new)
1a. MemberStatesshallnotrestrictorwithdrawrightsto
install facilities before expiry of the period for which suchrights were grantedexcept where justified andwhere appli-
cableinconformitywithrelevantnationalprovisionsregard-
ingcompensationforwithdrawalofrights.
Amendment 6
Article 15, paragraph 2
2. Where information as referred to in paragraph 1 is held
at different levels of government, in particular informationregarding procedures and conditions on rights to install facil-ities, the national regulatory authority shall make all reason-able efforts to create a user-friendly overview of all suchinformation,wheretherelevantauthoritydeemsthispossible
at proportionate costs, in order to facilitate applications for
rights to install facilities.2. Where information as referred to in paragraph 1 is held
at different levels of government, in particular informationregarding procedures and conditions on rights to install facil-ities, the national regulatory authority shall make all reason-able efforts,bearing in mind the costs involved, to create a
user-friendly overview of all such information, including
information on the relevant levels of government and theresponsible authorities, in order to facilitate applications for
rights to install facilities.C 177 E/156 EN 25.7.2002 Official Journal of the European Communities
Wednesday 12December 2 001
Amendment 7
Article 17, paragraph 2
2. Where application of paragraph 1 results in a reduction
of the rights or an extension of the obligations under authori-sations already in existence, Member States may extend thevalidity of those rights and obligations until at the latest12 months after the date of application referred to in Arti-
cle 18(1), second subparagraph, provided that the rights ofother undertakings under Community law are not affectedthereby. Member States shall notify such extensions to the
Commission and state the reasons therefore.2. Where application of paragraph 1 results in a reduction
of the rights or an extension of the obligations under authori-sations already in existence, Member States may extend thevalidity of those rights and obligations until at the latest9 months after the date of application referred to in Arti-
cle 18(1), second subparagraph, provided that the rights ofother undertakings under Community law are not affectedthereby. Member States shall notify such extensions to the
Commission and state the reasons therefore.
11. Universal service and users’ rights relating to electronic communications net-
works and services ***II
A5-0438/2001
European Parliament legislative resolution on the Council common position with a view to the
adoption of a European Parliament and Council directive on universal service and users’ rightsrelating to electronic communications networks and services (universal service directive) (10421/
1/2001 Udash C5-0418/2001 Udash 2000/0183(COD))
(Codecision procedure: second reading)
The European Parliament,
/dash having regard to the Council common position (10421/1/2001 /dash C5-0418/2001)(
1),
/dash having regard to its position at first reading (2)on the Commission proposal to Parliament and the
Council (COM(2000)392)(3),
/dash having regard to the Commission’s amended proposal (COM(2001)503)(4),
/dash having regard to Article 251(2)of the EC Treaty,/dash having regard to Rule 80 of its Rules of Procedure,/dash having regard to the recommendation for second reading of the Committee on Legal Affairs and the
Internal Market (A5-0438/2001),
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.55.
(2)‘Texts Adopted’, 13.6.2001, Item 7.
(3)OJ C 365 E, 19.12.2000, p. 238.
(4)OJ C 332 E, 27.11.2001, p. 292.25.7.2002 EN C 177 E/157 Official Journal of the European Communities
Wednesday 12December 2 001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT