Opinion of the Committee of the Regions on Telecommunications reform package
Date: 2008-06-19
Institutions: European Committee of the Regions
Subjects: competition law, consumer protection, data protection, electronic mail, market stabilisation, protection of privacy, regulation of telecommunications, telecommunications policy, transmission network

9.10.2008

EN

Official Journal of the European Union

C 257/51

Opinion of the Committee of the Regions on ‘Telecommunications reform package’

(2008/C 257/10)

THE COMMITTEE OF THE REGIONS

— wants to ensure that the new regulatory framework does not harm Member States' cultural and media
policy objectives and takes into account the specific needs in rural areas, regions with low population
density, outermost regions and conurbations, as well as those of cultural or ethnic minorities;

— objects to harmonisation measures of radio frequency spectrum management proposed by the Euro-
pean Commission. Member States should remain in charge, whilst assuring consistency with interna-
tional agreements; this will involve preserving a sufficiently wide spectrum band for broadcasters to
ensure their mission content;

— discards the new remedy proposed on functional separation of undertakings and the veto right of the
Commission on certain corrective measures taken by the national regulatory authorities. It urges
national regulatory authorities, when analysing and defining relevant markets, to take local or regional
cultural or linguistic differences into account;

— appreciates the Commission's efforts to improve consumer protection and user rights, in particular, by
giving consumers more information about prices and supply conditions, by improving data protection
including emergency services; nonetheless, voices concern
and security and by facilitating access,
about the possible economic and financial impact of these proposals for local and regional service
operators;

— believes that the creation of a European Electronic Communications Market Authority, combined with
a substantial transfer of market regulation powers from Member State level to the European Commis-
sion, will lead to an imbalance in the distribution of powers between national and European regula-
tory authorities; therefore advocates a Body of European Regulators in Telecommunications which
would embed today's European Regulators' Group into European law.

C 257/52

EN

Official Journal of the European Union

9.10.2008

Rapporteur: Marc SCHAEFER (LU/PES), Member of Vianden Municipal Council

Reference documents

‘Better Regulation Directive’

Proposal for 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 services, and 2002/20/EC
on the authorisation of electronic communications networks and services

COM(2007) 697 final — 2007/0247 (COD)

‘Citizens' Directive’

Proposal for 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 consumer protection cooperation

COM(2007) 698 final — 2007/0248(COD)

Proposal for a Regulation of the European Parliament and of the Council establishing the European Elec-
tronic Communications Market Authority

COM(2007) 699 final — 2007/0249 (COD)

Communication from the Commission to the Council, the European Parliament, the European Economic
and Social Committee and the Committee of the Regions: Reaping the full benefits of the digital dividend
in Europe: A common approach to the use of the spectrum released by the digital switchover

COM(2007) 700 final

I. POLITICAL RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

borne in mind that local and regional authorities may have to
invest in the development of ICT and infrastructure, particularly
in conurbations;

welcomes the Commission's aim of opening up the tele-
1.
communications markets to competition and of boosting invest-
ment in high-speed networks (all technologies, including fixed,
mobile and satellite), as well as its aim of ensuring optimised
spectrum management in the internal market in the context of
audiovisual service digitisation;

appreciates the Commission's efforts to improve consumer
5.
protection, particularly with regard to data protection, security
and the provision of broader access to electronic communica-
tions services and emergency services for all users, including the
disabled; nonetheless, voices
the possible
economic and financial impact of these proposals, especially for
local and regional service operators;

concern about

2. must ensure that the new regulatory framework does not
contain any measures which could risk having a negative impact
on the objectives of the Member States' cultural and media poli-
cies;

3. must also ensure that the interests of cultural or ethnic
minorities as well as the needs of the regions are taken into
account when establishing new regulatory mechanisms (particu-
larly with regard to spectrum management);

6.
appreciates the Commission's efforts to develop pan-Euro-
pean services, provided that such services are developed by
taking into account national and regional differences and the
technological and economic needs of economically weaker
market players;

would like the proposed regulatory framework to include
4.
mechanisms promoting the development of broadband internet
access in rural areas or regions with low population density and
in the outermost regions; in this context it should, however, be

7.
draws the Commission's attention to the geographical
diversity of the national, regional and local markets which may
necessitate a certain degree of variety and diversity in the regula-
tory mechanisms and procedures e.g. geographical segmenta-
tion;

9.10.2008

EN

Official Journal of the European Union

C 257/53

8.
is sceptical regarding the potential added value of some of
the planned new measures, as they will affect all Member States,
regardless of their specific circumstances or progress achieved at
national or regional level. Indeed, in the context of the regu-
lation of
and spectrum
telecommunications markets
management, the idea of transferring more powers to EU level
raises serious concerns for the CoR;

the

9.
believes that the Commission's proposals open the way
forward to the more consistent application of the EU's rules in
order to complete the single market for electronic communica-
tions;

Better Regulation Directive

welcomes

the Commission's

10.
to
substantially reduce the number of markets susceptible to ex-
ante regulation; as a result, where regulation remains necessary,
it will become more efficient and simpler both for operators
and for national regulatory authorities;

recommendation (1)

11.
appreciates the Commission's proposals to set up more
effective mechanisms for coordinating and harmonising the
regulatory frameworks of the individual Member States as well
as procedures for coordination, negotiation and consultation
between the different national regulatory authorities;

12.
shares the Commission's view that the efficient manage-
ment of spectrum is important for facilitating access for opera-
tors and for fostering innovation and cultural diversity;

13.
shares the Commission's opinion regarding the need to
ensure co-location and facility sharing for providers of electronic
communications networks provided that such sharing is techni-
cally possible and that the costs of such an operation may be
allocated in a fair manner;

14.
endorses the Commission's view on the importance of
harmonisation of numbering within the Community where this
promotes the functioning of the internal market or supports the
development of pan-European services. However,
the CoR
believes that the Member States are more competent to take the
necessary measures to carry out such harmonisation, which may
be conducted within the framework of the ‘European Regulators'
Group’;

believes that the Member States should remain solely
15.
for defining spectrum allocation in the case of
competent
services that enable linguistic and cultural diversity and ensure
media pluralism;

believe that there is no need to impose functional separa-
16.
tion as an additional measure supporting market liberalisation
and is of the opinion that the most effective method of compe-
tition is that based on infrastructure; moreover, it believes that
the existing regulatory framework already allows separation
measures including, inter alia, functional separation;

(1) Commission recommendation (2007) No 5406, OJ L 344,

28.12.2007, p. 65.

17.
believes that the document should retain all references to
procedures provided for by international agreements pertaining
to radio frequency spectrum management as these agreements
are already in place and constitute a regulatory framework
which is broader than that of the European Union;

Citizens' Directive

endorses the Commission's efforts to strengthen and
18.
improve consumer protection and user rights in the electronic
communication sector, in particular, by giving consumers more
information about prices and supply conditions, and facilitating
access to and use of e-communications,
including emergency
services, for disabled users;

19.
appreciates the proposals which seek to enhance the
protection of individuals' privacy and personal data in the elec-
tronic communications sector,
in particular through strength-
ened security-related provisions and improved enforcement
mechanisms;

20.
draws the Commission's attention to the needs of consu-
mers in economically disadvantaged or rural areas, or in regions
where access is difficult in geographical terms, the outermost
regions or regions which have a low population density;

21.
draws the Commission's attention to the fact that certain
measures for ensuring network security and consumer protec-
tion require coordination and implementation at international
rather than EU level;

22.
that a
draws the Commission's attention to the fact
number of the measures proposed in the Directive in question
will require considerable investment in technical infrastructure
(e.g. for access to a single emergency telephone number, or iden-
tifying caller location); it would appear that such investments
will be beyond the means of small-scale service operators such
as local or regional operators;

appreciates the Commission's efforts to promote the

23.
portability of numbers between fixed and mobile networks;

24.
wishes to draw the Commission's attention to the specific
needs of rural areas which often have a very limited infrastruc-
ture based on the network of the traditional operator alone, and
would like to see the formulation of specific measures e.g. via
structural funds drawn up for these regions; also wishes to draw
attention to the structural
limitations and additional costs of
electronic communications which outermost regions are perma-
nently faced with. For this reason, consideration should be given
to specific measures to place citizens from these areas on an
equal footing with those from the rest of Europe;

that

believes

25.
for broadcasting
services must be extended to all additional services and be the
subject of regular reviews;

the ‘must-carry’

rules

C 257/54

EN

Official Journal of the European Union

9.10.2008

European Electronic Communications Market Authority

believes that the creation of a European Electronic Communications Market Authority would effec-
26.
tively represent an addition to the current institutional arrangement for the regulation of electronic commu-
nications markets, would not be compatible with the principles of subsidiarity and proportionality and
would risk adding another level of complexity rather than simplifying the process which is the subject of
this package of proposals;

27.
therefore is in favour of a Body of European Regulators in Telecom. Such a body could take on many
functions outlined in the proposal for a European Electronic Communications Market Authority (EECMA)
and share many of the elements that the Commission's draft proposal has assigned to the Authority without
taking on the nature of an agency and thus avoiding some of the potential problems with the EECMA.

II. RECOMMENDATIONS FOR AMENDMENTS

Amendment I

‘Better Regulation Directive’, Article I Amendments made to Directive 2002/21/EC (framework
directive), Point 2(e), Article 2, addition to point (s)

Text proposed by the Commission

CoR amendment

(s)

‘harmful interference’ means interference which endan-
gers the functioning of a radionavigation service or of
other safety services or which otherwise seriously
degrades, obstructs or repeatedly interrupts a radio-
communications service operating in accordance with
the applicable Community or national regulations;

(s)

‘harmful interference’ means interference which endan-
gers the functioning of a radionavigation service or of
other safety services or which otherwise seriously
degrades, obstructs or repeatedly interrupts a radio-
communications service operating in accordance with
the applicable Community or national regulations,and
in accordance with international frequency plans;

Reason

Radio frequency spectrum management is widely regulated by the international agreements and frequency
plans established by the European Conference of Postal and Telecommunications Administrations (CEPT)
and the International Telecommunications Union (UIT). This is particularly important in the case of broad-
cast services (e.g. GE-06). The definition of ‘harmful interference’ should, therefore, be amended accordingly.

Amendment 2

‘Better Regulation Directive’, Article I Amendments made to Directive 2002/21/EC (framework
directive), Point 8, amendment of Article 8

Text proposed by the Commission

CoR amendment

(a)

In paragraph 1, the second subparagraph is replaced
by the following:

(a)

In paragraph 1, the second subparagraph is replaced
by the following:

shall

‘Unless otherwise provided in Article 9 regarding radio
frequencies, Member States
take the utmost
account of the desirability of making regulations tech-
nologically 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
regulatory
authorities do likewise.’

competition, national

effective

shall

‘Unless otherwise provided in Article 9 regarding radio
frequencies, Member States
take the utmost
account of the desirability of making regulations tech-
nologically 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 autho-
rities do likewise, whilst ensuring media and cultural
pluralism.’

9.10.2008

EN

Official Journal of the European Union

C 257/55

Text proposed by the Commission

CoR amendment

(b)

In paragraph 2, points (a) and (b) are replaced by the
following:

(b)

In paragraph 2, points (a) and (b) are 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;

‘(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, in particular for the delivery of content;’

(b) ensuring that there is no distortion or restriction
of competition in the electronic communications
sector, in particular for the delivery of content;’

(c)

In paragraph 3, point (d) is replaced by the following:

(c)

In paragraph 3, point (d) is replaced by the following:

‘(d) working with the Commission and the Authority
so as to ensure the development of consistent
regulatory practice and the consistent application
of this Directive and the Specific Directives.’

‘(d) working with the Commission and the Authority
so as to ensure the development of consistent
regulatory practice and the consistent application
of this Directive and the Specific Directives.’

(d)

In paragraph 4, point (e) is replaced by the following:

(d)

In paragraph 4, point (e) is replaced by the following:

‘(e) addressing the needs of specific social groups, in
particular disabled users, elderly users and users
with special social needs;’

‘(e) addressing the needs of specific social groups, in
particular disabled users, elderly users and users
with special social needs, as well as ethnic, cultural
or social minorities in rural areas or areas with a
low population density;’

(…)

Reason

(…)

Cultural and media pluralism should also be considered alongside the needs of linguistic, ethnic, social or
regional minorities.

With regard to the deletion of the reference to the authority proposed by the Commission in its proposal
for a regulation COM(2007) 699 final — 2007/0249 (COD), see Amendment 20 below.

Amendment 3

‘Better Regulation Directive’, Article I Amendments made to Directive 2002/21/EC (framework
directive), Point 9, amendment of Article 9

Text proposed by the Commission

Article 9

CoR amendment

Article 9

Management of radio frequencies for electronic
communications services

Management of radio frequencies for electronic
communications services

1. Member States shall ensure the effective management
of
radio frequencies for electronic communication
services in their territory in accordance with Article 8.
They shall ensure that the allocation and assignment of
such radio frequencies by national regulatory authori-
ties are based on objective, transparent, non-discrimi-
natory and proportionate criteria.

radio frequencies

1. Member States shall ensure the effective management
of
for electronic communication
services in their territory in accordance with Article 8.
They shall ensure that the allocation and assignment of
such radio frequencies by national regulatory authori-
ties are based on objective, transparent, non-discrimi-
natory and proportionate criteria.

C 257/56

EN

Official Journal of the European Union

9.10.2008

Text proposed by the Commission

CoR amendment

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 accordance with Decision No 676/
2002/EC (Radio Spectrum Decision).

3. Unless otherwise provided in the second subparagraph
or in the measures adopted pursuant to Article 9c,
types of radio
Member States shall ensure that all
network or wireless access technology may be used in
the radio frequency bands open to electronic commu-
nications services.

2. Member States shall promote the harmonisation of use
of radio frequencies across the Community, which
could help achieve economies of scale and simplify the
interoperability of services to the benefit of thecon-
sumer, consistent with the need to ensure effective and
efficient use thereof and in accordance with Decision
No 676/2002/EC (Radio Spectrum Decision).

3. Unless otherwise provided in the second subparagraph
or in the measures adopted pursuant to the Radio
Spectrum Decision (676/2002/EU)Article 9c, Member
States shall, where possible, ensure that all types of
radio network or wireless access technology may be
used in the radio frequency bands open to electronic
communications services, in accordance with National
Frequency Allocation Tables and UIT regulations.

Member States may, however, provide for propor-
tionate and non-discriminatory restrictions
to the
types of radio network or wireless access technology
used where this is necessary to:

Member States may, however, provide for propor-
tionate and non-discriminatory restrictions to the types
of radio network or wireless access technology used
where this is necessary to:

(a)

avoid harmful interference,

(a)

avoid harmful interference,

(b) protect public health against

electromagnetic

(b) protect public health against

electromagnetic

fields,

fields,

(c)

ensure maximisation of radio frequencies sharing
to a
where the use of
general authorisation, or

frequencies is subject

(c)

ensure maximisation of radio frequencies sharing
where during their use of frequencies is subject to
a general authorisation, or

(d) comply with a restriction in accordance with para-

(d) comply with a restriction in accordance with para-

graph 4 below.

graph 4 below.

4. Unless otherwise provided in the second subparagraph
or in the measures adopted pursuant to Article 9c,
Member States shall ensure that all types of electronic
communications services may be provided in the radio
frequency bands open to electronic communications.
The Member States may, however, provide for propor-
tionate and non-discriminatory restrictions
to the
types of electronic communications services to be
provided.

4. Unless otherwise provided in the second subparagraph
or in the measures adopted pursuant to Article 9c the
Radio Spectrum Decision (676/2002/EU), Member
States shall ensure, where possible, facilitate the provi-
sion ofthat all
types of electronic communications
services may be provided in the radio frequency bands
open to electronic communications in accordance with
National Frequency Allocation Tables and UIT regula-
tions. The Member States may, however, provide for
proportionate and non-discriminatory restrictions to
the types of electronic communications services to be
provided.

Restrictions that require a service to be provided in a
specific band shall be justified in order to ensure the
fulfilment of a general interest objective in conformity
with Community law, such as safety of life, the promo-
tion of social, regional or territorial cohesion,
the
avoidance of inefficient use of radio frequencies, or, as
legislation in conformity with
defined in national
Community law,
cultural and
the promotion of
linguistic diversity and media pluralism.

Restrictions that require a service to be provided in a
specific band shall be justified in order to ensure the
fulfilment of a general interest objective in conformity
with Community law, such as safety of life, the promo-
tion of social, regional or
the
avoidance of inefficient use of radio frequencies, or, as
defined in national legislation in conformity with Com-
munity law, the promotion of cultural and linguistic
diversity and media pluralism.

territorial cohesion,

A restriction which prohibits the provision of any
other service in a specific band may only be provided
for where justified by the need to protect safety of life
services.

A restriction which prohibits the provision of any
other service in a specific band may only be provided
for where justified by the need to protect safety of life
services or the provision of a service of general interest,
legislation and in accordance
as defined by national
with Community regulations, such as the promotion of
cultural and linguistic diversity and media pluralism.

9.10.2008

EN

Official Journal of the European Union

C 257/57

Text proposed by the Commission

CoR amendment

5. Member States shall regularly review the necessity of
the restrictions referred to in paragraphs 3 and 4.

5. Member States shall regularly review the necessity of
the restrictions referred to in paragraphs 3 and 4 and
are solely competent for establishing any exceptions
thereto.

6.

Paragraphs 3 and 4 shall apply to allocation and
assignment of radio frequencies after 31 December
2009.

6.

Paragraphs 3 and 4 shall apply to allocation and
assignment of radio frequencies after 31 December
2009 the date of the entry into force of the current
directive in the Member States.

Reason

The measures and procedures for spectrum management as defined in the Radio Spectrum Decision (676/
2002/EU) already enable realistic and fair spectrum management which ensures both technology and
service neutrality.

The agreements drawn up at CEPT and UIT level must be respected. These agreements already currently
allow the efficient use of radio spectrum.

Measures should be envisaged to protect and promote services allowing the development of cultural and
linguistic diversity as well as media pluralism. This will, inter alia, mean ensuring that local and regional
level broadcasting and electronic communications services have access to the spectrum.

The Member States must remain in charge of spectrum management at national level; this will involve
ensuring that broadcasters have a spectrum band which is sufficiently wide to allow them to broadcast their
mission content.

Amendment 4

‘Better Regulation Directive’, Article I Amendments made to Directive 2002/21/EC (framework
directive), Point 10, amendment of Article 9 (a)

Text proposed by the Commission

CoR amendment

Article 9a

Delete Article 9a

Review of restrictions to existing rights

1.

For a period of
five years starting on [1 January
2010], Member States shall ensure that holders of
rights to use radio frequencies which were granted
before that date may submit an application to the
competent national regulatory authority for a reassess-
ment of the restrictions to their rights in accordance
with Article 9(3) and

Before adopting its decision the competent national
regulatory authority shall notify the right holder of its
reassessment of the restrictions, indicating the extent
of
reassessment, and allow him a
reasonable time limit to withdraw his application.

the right after

If the right holder withdraws his application, the right
shall remain unchanged until its expiry or till the end
of the 5 year period, whichever is the earlier date.

C 257/58

EN

Official Journal of the European Union

9.10.2008

Text proposed by the Commission

CoR amendment

radio or

2. Where the right holder mentioned in paragraph 1 is a
television broadcast content
provider of
services, and the right to use radio frequencies has
been granted for the fulfilment of a specific general
interest objective, an application for reassessment can
only be made in respect of
the radio
frequencies which is necessary for the fulfilment of
such objective. The part of the radio frequencies which
becomes unnecessary for the fulfilment of that objec-
tive as a result of application of Article 9(3) and (4)
shall be subject to a new assignment procedure in
the Authorisation
conformity with Article 7(2) of
Directive.

the part of

3. 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
assignments and allocations of radio frequencies which
existed at the date of entry into force of this Directive.

4.

In applying this Article, Member States shall
appropriate measures to guarantee fair competition.

take

Reason

This article is not compatible with the subsidiarity principle. Holders of rights to services which are
restricted to a single Member State or region should not be subject to spectrum management decisions
taken at Community level.

Amendment 5

‘Better Regulation Directive’, Article I Amendments made to Directive 2002/21/EC (framework
directive), Point 10, addition of Article 9 b

Text proposed by the Commission

CoR amendment

Article 9b

Delete Article 9b

Transfer of Individual Rights to use radio frequencies

1. Member States shall ensure that undertakings may
transfer or lease to other undertakings individual rights
to use radio frequencies in the bands for which this is
provided in the
adopted
pursuant to Article 9c without the prior consent of
the national regulatory authority.

implementing measures

In other bands, Member States may also make provi-
sion for undertakings to transfer or lease individual
rights to use radio frequencies to other undertakings.

2. Member States

shall ensure that an undertaking's
intention to transfer rights to use radio frequencies is
notified to the national regulatory authority respon-
sible for spectrum assignment and is made public.
Where radio frequency use has been harmonised
through the application of the Radio Spectrum Deci-
sion or other Community measures, any such transfer
shall comply with such harmonised use.

9.10.2008

EN

Official Journal of the European Union

C 257/59

Reason

This article brings no real added value as the current system already makes provision for the voluntary
transfer or sub-letting of individual rights to use radio spectrum.

Amendment 6

‘Better Regulation Directive’, Article I Amendments made to Directive 2002/21/EC (framework
directive), Point 10, addition of Article 9c

Text proposed by the Commission

CoR amendment

Article 9c

Delete Article 9c

Radio Frequency Management Harmonisation
Measures

In order to contribute to the development of the internal
for
market,
this
Article,
the Commission may adopt appropriate imple-
menting measures to:

the achievement of

the principles of

(a) harmonise the identification of the bands for which
usage rights may be transferred or leased between
undertakings;

(b) harmonise the conditions attached to such rights and
the conditions, procedures, limits, restrictions, withdra-
wals and transitional rules applicable to such transfers
or leases;

(c) harmonise the specific measures to ensure fair compe-

tition where individual rights are transferred;

(d) create an exception to the principle of services or tech-
nology neutrality, as well as to harmonise the scope
and nature of any exceptions to these principles in
accordance with Article 9(3) and (4) other than those
aimed at ensuring the promotion of cultural and
linguistic diversity and media pluralism.

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). On impera-
tive grounds of urgency, the Commission may use the
urgency procedure referred to in Article 22(4). In the
implementation of the provisions of this paragraph,
the Commission may be assisted by the Authority in
accordance with Article 10 Regulation […/EC].'

Reason

The CoR believes that it is crucial to involve the European Conference of Postal and Telecommunications
Administrations (CEPT), the International Telecommunications Union (UIT) and the ECC in all spectrum
management harmonisation measures, as is currently the case.

C 257/60

EN

Official Journal of the European Union

9.10.2008

Amendment 7

‘Better Regulation Directive’, Article I Amendments made to Directive 2002/21/EC (framework
directive), Point 11 b), article 10, new version of Paragraph 4

Text proposed by the Commission

CoR amendment

Member States shall support harmonisation in numbering
within the Community where that promotes the func-
tioning of the internal market or supports the development
of pan-European services. The Commission may take
appropriate
implementing measures on this
matter, which may include establishing tariff principles for
specific numbers or number ranges. The implementing
measures may grant the Authority specific responsibilities
in the application of those measures.

technical

Member States shall support harmonisation in numbering
within the Community where that promotes the func-
tioning of the internal market or supports the development
of pan-European services. The Commission may take
appropriate
implementing measures on this
matter, which may include establishing tariff principles for
specific numbers or number ranges. The implementing
measures may grant the Authority specific responsibilities
in the application of those measures.

technical

The 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). On imperative grounds of
urgency, the Commission may use the urgency procedure
referred to in Article 22(4).'

The 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). On imperative grounds of
urgency, the Commission may use the urgency procedure
referred to in Article 22(4).'

Reason

The Member States are best qualified and informed to take the necessary technical measures.

Amendment 8

‘Better Regulation Directive’, Article I Amendments made to Directive 2002/21/EC (framework
directive), Point 13, new version of Article 12

Text proposed by the Commission

Article 12

CoR amendment

Article 12

Co-location and facility sharing for providers of elec-
tronic communications networks

Co-location and facility sharing for providers of elec-
tronic communications networks

1. Where an undertaking providing electronic communi-
cations networks has the right under national legisla-
tion 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 regu-
latory authorities shall be able to impose the sharing
of such facilities or property, including entries to build-
ings, masts, antennae, ducts, manholes and street cabi-
nets.

1. Where an undertaking providing electronic communi-
cations networks has the right under national legisla-
tion 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 regu-
latory authorities shall be able to impose the sharing
of such facilities or property, including entries to build-
ings, masts, antennae, ducts, manholes and street cabi-
nets, provided that
such measures are technically
feasible.

co-location) or

2. Member States may require that the holders of the
rights referred to in paragraph 1 share facilities or
property (including physical
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 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.

co-location) or

2. Member States may require that the holders of the
rights referred to in paragraph 1 share facilities or
property (including physical
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 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.

9.10.2008

EN

Official Journal of the European Union

C 257/61

Text proposed by the Commission

CoR amendment

3. Measures taken by a national regulatory authority in
accordance with paragraph 1 shall be objective, trans-
parent, and proportionate.

3. Measures taken by a national regulatory authority in
accordance with paragraph 1 shall be objective, trans-
parent, and proportionate and must enable costs to be
shared fairly.

Reason

The costs of such measures must be shared fairly. In addition, such measures must be technically feasible
and offer consumers a real benefit. For example, when a cable distribution cable is shared by a number of
users, the variety of services available to consumers is considerably reduced.

Amendment 9

‘Better Regulation Directive’, Article I Amendments made to Directive 2002/21/EC (framework
directive), Point 16 (c), Article 15, new version of paragraph 3

Text proposed by the Commission

CoR amendment

in particular

3. National regulatory authorities shall, taking the utmost
account of the Recommendation and the Guidelines,
define relevant markets appropriate to national circum-
stances,
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.

3. National regulatory authorities shall, taking the utmost
account of the Recommendation and the Guidelines,
define relevant markets appropriate to national or
regionalcircumstances,
relevant
particular
in
geographic markets within their territory,
in accord-
ance with the principles of competition law. National
regulatory authorities
follow the procedures
shall
referred to in Articles 6 and 7 before defining the
markets that differ from those identified in the Recom-
mendation.

Reason

Regional rather than just national variations should also be provided for.

Amendment 10

‘Better Regulation Directive’, Article I Amendments made to Directive 2002/21/EC (framework
directive), Point 17 (a), Article 16, new version of paragraph 1

Text proposed by the Commission

CoR amendment

1. National

regulatory authorities

shall carry out an
analysis of the relevant markets listed in the Recom-
mendation, taking the utmost account of the Guide-
lines. Member States shall ensure that this analysis is
carried out, where appropriate, in collaboration with
the national competition authorities.

1.

National regulatory authorities shall carry out an
analysis of the relevant markets listed in the Recom-
mendation, taking the utmost account of the Guide-
lines. Member States shall ensure that this analysis is
carried out, where appropriate, in collaboration with
the national competition authorities. Such studies must
take account of local or regional cultural or linguistic
differences.

Reason

Local and regional studies must be possible and provided for accordingly.

C 257/62

EN

Official Journal of the European Union

9.10.2008

Amendment 11

‘Better Regulation Directive’, Article 1 Amendments made to Directive 2002/21/EC (framework
directive), Point 20, new version of Article 19

Text proposed by the Commission

CoR amendment

Article 19

Delete the new version of Article 19.

Harmonisation measures

1. Without prejudice to Article 9 of this Directive and to
Articles 6 and 8 of Directive 2002/20/EC (Authori-
sation Directive), where the Commission finds that
divergences in the implementation by national regula-
tory 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
Authority, if any, 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.

the opinion of

(…)

Reason

Should be completely deleted or at the very least substantially modified as the CoR believes that the
authority referred to several times in this paragraph is contrary to the principles of subsidiarity and propor-
tionality.

Amendment 12

‘Better Regulation Directive’, Article

2 Amendments made

to Directive

2002/19/EC

(Access directive), Point 9, addition of Article 13 a)

Text proposed by the Commission

CoR amendment

Article 13a

Delete Article 13a

Functional separation

1. A national regulatory authority may,

in accordance
with the provisions of Article 8, and in particular the
second subparagraph of Article 8(3), impose an obliga-
tion on vertically integrated undertakings to place
activities related to the wholesale provision of access
products in an independently operating business unit.

(...)

Reason

The CoR believes that the most effective form of competition is that based on infrastructure and the market.
Functional separation should, therefore, only be imposed as a last resort measure in cases where all other
measures or trade agreements have no effect. The current regulatory framework already allows national
regulatory authorities to impose this type of measure.

9.10.2008

EN

Official Journal of the European Union

C 257/63

Amendment 13

‘Better Regulation Directive’, Article 3 Amendments made to Directive 2002/20/EC (Authorisation
directive), Point 3, new version of Article 5

Text proposed by the Commission

Article 5

CoR amendment

Article 5

Rights of use for radio frequencies and numbers

Rights of use for radio frequencies and numbers

1. Member States

shall not make the use of

radio
frequencies subject to the granting of individual rights
of use but shall
include the conditions for usage of
such radio frequencies in the general authorisation,
unless it is justified to grant individual rights in order
to:

1. Member States shall not make the use of radio frequen-
cies subject to the granting of individual rights of use
but shall include the conditions for usage of such radio
frequencies in the general authorisation, unless it is
justified to grant individual rights in order to:

(a)

avoid a serious risk of harmful interference; or

(a)

avoid a serious risk of harmful interference; or

(b)

fulfil other objectives of general interest.

(b)

fulfil other objectives of general interest.

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 under-
taking providing or using networks or services under
the general authorisation, subject to the provisions of
Articles 6, 6a, 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).

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 under-
taking providing or using networks or services under
the general authorisation, subject to the provisions of
Articles 6, 6a, 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
criteria defined in
to specific
advance 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
interest objectives in conformity with Com-
general
munity law,
such rights of use shall be granted
through objective, transparent, non-discriminatory and
proportionate procedures, and,
in the case of radio
in accordance with the provisions of
frequencies,
Article 9 of Directive 2002/21/EC (Framework Direc-
tive). The procedures shall also be open, except in
cases where the granting of individual rights of use for
radio frequencies to the providers of radio or television
broadcast content services can be shown to be essen-
tial to meet a particular obligation defined in advance
by the Member State which is necessary to achieve a
general
interest objective in conformity with Com-
munity law.

Without prejudice
criteria defined in
to specific
advance 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 Com-
munity law, such rights of use shall be granted through
objective, transparent, non-discriminatory and propor-
tionate procedures, and, in the case of radio frequen-
cies, in accordance with the provisions of Article 9 of
Directive 2002/21/EC (Framework Directive). The
procedures shall also be open, except in cases where
the granting of
radio
frequencies to the providers of radio or
television
broadcast content services can be shown to be essential
to meet a particular obligation defined in advance by
the Member State which is necessary to achieve a
general
interest objective in conformity with Com-
munity law.

individual rights of use for

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 provisions shall be
in accordance with Article 9b of Directive 2002/21/EC
(Framework Directive).

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 provisions shall be
in accordance with Article 9b of Directive 2002/21/EC
(Framework Directive).

C 257/64

EN

Official Journal of the European Union

9.10.2008

Text proposed by the Commission

CoR amendment

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
and defined in advance.

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
and defined in advance.

Any individual right to use radio frequencies that is
granted for ten years or more and that may not be
leased between undertakings as a
transferred or
allowed by Article 9b of
the Framework Directive
shall, every five years and for the first time five years
after its issuance, be subject to a review in the light of
the criteria in paragraph 1. If the criteria to grant indi-
vidual rights of use are no longer applicable, the indivi-
dual right of use shall be changed into a general
authorisation for the use of radio frequencies, subject
to prior notice of not more than five years from the
conclusion of the review, or shall be made freely trans-
ferable or leaseable between undertakings.

Any individual right to use radio frequencies that is
granted for ten years or more and that may not be
transferred or
leased between undertakings as a
allowed by Article 9b of the Framework Directive shall,
every five years and for the first time five years after its
issuance, be subject to a review in the light of the
criteria in paragraph 1. If the criteria to grant indivi-
dual rights of use are no longer applicable, the indivi-
dual right of use shall be changed into a general
authorisation for the use of radio frequencies, subject
to prior notice of not more than five years from the
conclusion of the review, or shall be made freely trans-
ferable or leaseable between undertakings.

3. Decisions on rights of use shall be taken, communi-
cated 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
for electronic communications 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.

3. Decisions on rights of use shall be taken, communi-
cated 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
for electronic communications 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
three weeks.

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
three weeks.

With regard to competitive or comparative selection
procedures for radiofrequencies, Article 7 shall apply.

With regard to competitive or comparative selection
procedures for radiofrequencies, 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 accord-
ance with Article 7.

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 accord-
ance with Article 7.

6. National regulatory authorities shall ensure that radio
frequencies are efficiently and effectively used in
accordance with Article 9(2) of Directive 2002/21/EC
(Framework Directive). They shall also ensure competi-
tion is not distorted as a result of any transfer or accu-
mulation of radio frequencies usage rights. For such
appropriate
States may
purposes, Member
measures such as reducing, withdrawing or forcing the
sale of a right to use radio frequencies.

take

6. National regulatory authorities shall ensure that radio
frequencies are efficiently and effectively used in
accordance with Article 9(2) of Directive 2002/21/EC
(Framework Directive). They shall also ensure competi-
tion is not distorted as a result of any transfer or accu-
mulation of radio frequencies usage rights. For such
appropriate
States may
purposes, Member
measures such as reducing, withdrawing or forcing the
sale of a right to use radio frequencies.

take

Reason

The current system, which defines the rules with general authorisations and by attaching requirements to
individual licenses appears to function well. The new proposals appear to be relatively complex,
if not
confusing.

9.10.2008

EN

Official Journal of the European Union

C 257/65

Amendment 14

‘Better Regulation Directive’, Article 3 Amendments made to Directive 2002/20/EC (Authorisation
directive), Point 5, addition of Article 6 b

Text proposed by the Commission

Article 6b

CoR amendment

Article 6b

Common selection procedure for issuing rights

Common selection procedure for issuing rights

1. The technical

implementing measure referred to in
paragraph 6a(1)(f) may provide for the Authority to
make proposals for the selection of undertaking(s) to
which individual rights of use for radio frequencies or
numbers are to be granted, in accordance with Article
12 of Regulation [..].

1. Without prejudice to the Member States' competences
regarding the promotion of cultural and media policies,
cultural and linguistic diversity and media pluralism,
Tthe technical
implementing measure referred to in
paragraph 6a(1)(f) may provide for the Body of Euro-
pean Regulators in Telecom Authority to make propo-
sals for the selection of undertaking(s) which provide
pan-European services or electronic communications
services to which individual rights of use for radio
frequencies or numbers are to be granted, in accord-
ance with Article 12 of Regulation [..].

In such cases, the measure shall specify the period
within which the Authority shall complete the selec-
tion, the procedure, rules and conditions applicable to
the selection, and details of any charges and fees to be
imposed on the holders of rights for use of radio
frequencies and/or numbers,
in order to ensure the
optimal use of spectrum or numbering resources. The
selection procedure shall be open, transparent, non-
discriminatory and objective.

In such cases, the measure shall specify the period
within which the Authority Body of European Regula-
tors in Telecomshall complete the selection, the proce-
dure, rules and conditions applicable to the selection,
and details of any charges and fees to be imposed on
the holders of rights for use of radio frequencies and/
or numbers,
in order to ensure the optimal use of
spectrum or numbering resources. The selection proce-
transparent, non-discriminatory
dure shall be open,
and objective.

2. Taking the utmost account of

the opinion of

the
the Commission shall adopt a measure
Authority,
selecting the undertaking(s) to which individual rights
of use for
radio frequencies or numbers shall be
issued. The measure shall specify the time within
which such rights of use shall be issued by the national
regulatory authorities. In so doing, the Commission
shall act in accordance with the procedure referred to
in Article 14a(2).

2. Taking the utmost account of

the opinion of

the
Authority, Taking into account of the opinion of the
Body of European Regulators in Telecom, theCommis-
sion shall adopt a measure selecting the undertaking(s)
which provide pan-European services or electronic
communications servicesto which individual rights of
use for radio frequencies or numbers shall be issued.
The measure shall specify the time within which such
rights of use shall be issued by the national regulatory
authorities. In so doing, the Commission shall act in
accordance with the procedure referred to in Article
14a(2).

Reason

It is vital that the Member States have sole responsibility for cultural and media policy and in particular for
defining the frequency spectrum allocated to broadcast services and for individual licenses issued to opera-
tors of such services.

With regard to the deletion of the reference to the authority proposed by the Commission in its proposal
for a regulation COM (2007) 699 final — 2007/0249 (COD), see Amendment 20 below.

C 257/66

EN

Official Journal of the European Union

9.10.2008

Amendment 15

‘Better Regulation Directive’, Article 3 Amendments made to Directive 2002/20/EC (Authorisation
directive), Point 7, deletion of Article 8

Text proposed by the Commission

CoR amendment

(7) Article 8 is deleted.

(7) Article 8 is deleted.

Reason

Article 8 of the existing directive, which refers to international agreements currently in force, must not be
removed but be kept in its entirety.

Amendment 16

‘Better Regulation Directive’, Annex II, addition of Annex II to Directive 2002/20/EC (Authorisation
directive)

Text proposed by the Commission

CoR amendment

Conditions which may be harmonised in accordance with
point (d) of Article 6a, paragraph 1

Delete Annex II

(1) Conditions attached to rights of use for radio frequen-

cies

(a)

the duration of the rights of use of the radio
frequencies;

(b)

the territorial scope of the rights;

(c)

the possibility to transfer the right to other radio
frequencies users, as well as the conditions and
procedures relating thereto;

(d)

the method of determining usage fees for the
right of use of the radio frequencies;

(e)

the number of rights of use to be granted to each
undertaking;

(f)

conditions listed in Part B of Annex I.

(…)

Reason

This annex considerably limits the Member States' powers in the area of spectrum management and ignores
the existing legal framework at international level (International Telecommunications Union, UIT) which is
currently in force.

9.10.2008

EN

Official Journal of the European Union

C 257/67

Amendment 17

‘Citizens' Directive’, Article I, Amendments made to Directive 2002/22/EC (Universal Services direc-
tive), point 7, article 9, new version of paragraphs 2 and 3

Text proposed by the Commission

CoR amendment

2. Member States may, in the light of national conditions,
require that designated undertakings provide tariff
options or packages to consumers 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 acces-
sing or using the network access referred to in Article
4(1), or the services identified in Articles 4(3), 5, 6
and 7 as falling under the universal service obligations
and provided by designated undertakings.

2. Member States may, in the light of national regional or
localconditions, require that designated undertakings
provide tariff options or packages to consumers 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 or using the network access referred to
in Article 4(1), or the services identified in Articles 4
(3), 5, 6 and 7 as falling under the universal service
obligations and provided by designated undertakings.

3. Member States may, besides any provision for desig-
nated undertakings to provide special tariff options or
to comply with price caps or geographical averaging
or other
is
provided to consumers
identified as having low
incomes, disability or special social needs.

schemes, ensure that

support

similar

3. Member States may, besides any provision for desig-
nated undertakings to provide special tariff options or
to comply with price caps or geographical averaging or
other similar schemes, ensure that support is provided
identified as having low incomes,
to consumers
disability or
in geographical
regions where access is difficult.

social needs

special

Reason

The CoR would like to draw attention to the needs of consumers in rural areas or regions with low popula-
tion density.

Amendment 18

‘Citizens' Directive’, Article I, Amendments made to Directive 2002/22/EC (Universal Services direc-
tive), point 16, new version of Article 26

Text proposed by the Commission

Article 26

CoR amendment

Article 26

Emergency services and the single European emer-
gency call number

Emergency services and the single European emer-
gency call number

1. Member States shall ensure that,

in addition to any
other national emergency call numbers specified by
the national regulatory authorities, all end-users of
services 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 payment, by using the single European emer-
gency call number ‘112’.

1. Member States shall ensure that,

in addition to any
other national emergency call numbers specified by the
national regulatory authorities, all end-users of services
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
payment, by using the single European emergency call
number ‘112’.

2. Member

shall

States

ensure

undertakings
providing a service for originating national and/or
international calls through a number or numbers in a
national or international
telephone numbering plan
provide access to emergency services.

that

(...)

Reason

2. Member States shall ensure that national or pan-Euro-
pean undertakings providing a service for originating
national and/or international calls through a number
or numbers in a national or international telephone
numbering plan provide access to emergency services.

(...)

This paragraph imposes a number of important technical obligations involving substantial
which will be beyond the means of local or regional operators.

investments

C 257/68

EN

Official Journal of the European Union

9.10.2008

Amendment 19

‘Citizens' Directive’, Article I, Amendments made to Directive 2002/22/EC (Universal Services direc-
tive), point 19, article 31, new version of paragraph 1

Text proposed by the Commission

CoR amendment

1. Member States may impose reasonable ‘must carry’
obligations, for the transmission of specified radio and
television broadcast channels and accessibility services,
jurisdiction providing
on undertakings under
their
electronic communications networks used for
the
distribution of radio or television broadcasts to the
public where a significant number of end-users of such
networks use them as their principal means to receive
radio and television broadcasts. Such obligations shall
only be imposed where they are necessary to meet
interest objectives as clearly and specifically
general
defined by each Member State in its national law and
shall be proportionate and transparent.

1. Member States may impose reasonable ‘must carry’
obligations, for the transmission of specified radio and
television broadcast channels and audiovisual media
services as well as all complementary services andac-
cessibility services, on undertakings under their juris-
diction providing electronic communications networks
used for the distribution of radio or television broad-
casts to the public where a significant number of end-
users of such networks use them as their principal
means to receive radio and television broadcasts. Such
obligations shall only be imposed where they are
necessary to meet general interest objectives as clearly
and specifically defined by each Member State in its
national
law and shall be proportionate and trans-
parent.

The obligations referred to in the first subparagraph
shall be reviewed by the Member States at the latest
within one year of <time-limit for implementation of
the amending act>, except where Member States have
carried out such a review within the previous 2 years.

The obligations referred to in the first subparagraph
shall be reviewed by the Member States at the latest
within one year of <time-limit for implementation of
the amending act>, except where Member States have
carried out such a review within the previous 2 years.

Member States shall review ‘must carry’ obligations at
least every three years.

Member States shall review ‘must carry’ obligations at
least every three years on a regular basis.

Reason

The ‘must-carry’ rules must be extended to cover additional broadcasting-related services such as programme
guides, Radio Data System services and road traffic information.

Amendment 20

Proposal for a Regulation of the European Parliament and of the Council establishing the European
Electronic Communications Market Authority

Text proposed by the Commission

CoR amendment

COM (2007) 699 final — 2007/0249 (COD)

The CoR is in favour of a Body of European Regulators in
Telecom. The CoR asks the EC to work out this Body of
in Telecom by transforming the
European Regulators
proposal
an Electronic Communications Market
Authority. It has to take into account:

for

The CoR asks that this body would have the added value of
contributing to the effectiveness of the regulatory system
since, unlike today with the European Regulators Group,
the Commission would have the explicit obligation of
consulting and taking utmost account of Body of European
Regulators in Telecoms' views.

The Body of European Regulators
in Telecom would
continue to be comprised of representatives from each of
the Member States' National Regulatory Authorities (as in
the European Regulators Group today) and National Regu-
latory Authorities from non-EU countries would have
observer status (as in the European Regulators Group
today).

9.10.2008

EN

Official Journal of the European Union

C 257/69

Text proposed by the Commission

CoR amendment

The Body of European Regulators in Telecom would be
fully accountable and transparent to the relevant EU institu-
tions. The chairperson of the Board of Governors and the
executive director could be addressed by Parliament and its
relevant committees. With the objective of guaranteeing
transparency all members of the Board of Governors, and
the Executive Director would have to submit an annual
declaration of interest.

Reason

The Commission text provides for the replacement of the current European Regulators' Group by a new
authority, termed an ‘Authority’ by the European Commission, which will have full legal personality. The
mission of this body will, inter alia, consist of assisting the European Commission and national regulators in
carrying out their missions by providing expert opinions and establishing guidelines, principally by deter-
mining and analysing national markets and identifying ex ante solutions to be applied. This authority will
also play an important supporting role for the Commission by drawing up and implementing EU spectrum
management policy. Decisions would be taken within this authority by a simple majority. This institutional
reform will go hand in hand with a substantial transfer of market regulation powers from Member State
level to the European Commission and lead to a clear imbalance in the distribution of powers between
national and European regulatory authorities. This model will thus seek to establish the idea of a ‘single
European regulator’ for the telecommunications sector following the example of the U.S. Federal Communi-
cations Commission.

The establishment of a Body of European Regulators in Telecom, based on Article 95 of the EC Treaty,
would embed today's European Regulators' Group into European law by formally constituting an advisory
body, whose functions and responsibilities are expressly attributed to it by a Regulation. This would provide
the Body of European Regulators (ERG) in Telecom with a greater degree of efficiency and legitimacy than
the ERG has today. This would enhance and solidify its position by virtue of its functions and obligations
being clearly established in a regulation, whilst it would however be able to maintain the benefits of acting
as an effective network of cooperating NRAs. Advisory bodies have been created or recognised by Regu-
lation in the past. For example, Regulation (EC) 1/2003 created the advisory committee of national competi-
tion authorities and more recently the EP gave first reading to a Regulation recognising a co-ordinating body
for national accreditation bodies [COD 2007/0029]. The Body of European Regulators in Telecom would be
an independent expert adviser to the Commission and would remain independent from the different Euro-
pean governments. In order to guarantee its independence, the Regulation should ensure that NRA's are
properly financed by Member States without being subject to political constraints

The ‘Better Regulation’ directive COM(2007) 697 final — 2007/0247 (COD)) and the ‘Citizens directive’
(COM(2007) 698 final — 2007/0248 (COD)) should also be amended in order to transform all references
to this authority proposed by the Commission into references to a Body of European Regulators in Telecom.

Brussels, 19 June 2008.

The President

of the Committee of the Regions

Luc VAN DEN BRANDE