natgillin/translations-raw huggingface dataset:
M. vzhledem k tomu, že navzdory opatřením přijatým NRÚ ke snížení nadměrně vysokých poplatků za roaming v EU zůstávají sazby za hovory do a z ciziny příliš vysoké a vzhledem ke stávajícím rizikům dohod ohrožujících konkurenci a zneužívání dominantního postavení,
M. whereas, despite the measures taken by NRAs to reduce excessively high roaming charges in the EU, the rates for calls to or from abroad remain too high, and given the existing risks of anti-competitive agreements and abuse of dominant positions,
N. vzhledem k tomu, že správně regulovaný jednotný trh, který je transparentní a bezpečný, může zajistit rovné podmínky pro poskytování služeb a spravedlivé cenové podmínky pro všechny spotřebitele,
N. whereas a correctly regulated single market can safeguard fair service and price conditions for all consumers, by providing them with the transparency and security required,
O. vzhledem k tomu, že právní rámec pomáhá určovat vývoj a kontinuitu plurality médií,
O. whereas the legal framework helps to determine the emergence and continuance of media pluralism,
1. společně s Komisí sdílí znepokojení vyjádřené v jejím sdělení; plně podporuje Komisi v její úloze hlavního iniciátora regulační činnosti, ať už jde o správný výklad nových předpisů nebo za účelem zajistit, pomocí rychlé a soustavné kontroly, harmonizované a s vytyčenými cíli sladěné uplatňování předpisů týkajících se elektronických komunikací;
Shares the concerns expressed by the Commission in its communication; fully supports the Commission in its role as a driving force for regulation, both as regards the correct interpretation of the new rules and the need to ensure their uniform application in a manner consistent with the objectives of electronic communications regulation, by means of timely and constant monitoring;
Institucionální rámec
Institutional framework
Členské státy a NRÚ
Member States and NRAs
10. vybízí členské státy, aby vhodně podporovaly činnosti NRÚ, jejichž nedostatečné zdroje jim nedovolují rychle plnit úkoly, které jim byly přiděleny; dále žádá členské státy, aby učinily nezbytná opatření k urychlení odvolacích řízení proti rozhodnutím NRÚ;
Calls on the Member States to provide adequate support for the activities of NRAs, whose limited resources do not enable them to complete the tasks assigned to them quickly; calls also on the Member States to introduce the measures needed to speed up the timescale for appeals procedures concerning NRA decisions;
14. zdůrazňuje důležitost přiměřeného rozdělení frekvencí pro služby veřejného zájmu, otevřených, průhledných a nediskriminačních postupů, jakožto i dostatečné pružnosti v oblasti přidělování rádiových frekvencí a udělování licencí;
Stresses the importance of adequate frequency allocation for public-interest services, open, transparent and non-discriminatory procedures, and the need for sufficient flexibility when allocating radio frequencies and granting licences;
17. připomíná, že předpisy by měly být zaměřeny na odstranění nerovných tržních podmínek, které brání volné soutěži, zejména s ohledem na nutnost podporovat rozvoj vznikajících trhů a rovné příležitosti pro účastníky trhu;
Points out that regulatory intervention should focus on eliminating distortions that prevent fair competition, taking into account in particular the need to encourage the development of emerging markets and equal opportunities for market participants;
Průmysl a spotřebitelé
Industry and consumers
24. žádá Komisi, aby s cílem chránit uživatele pravidleně vypracovala a předložila Parlamentu studii, ve které bude analyzovat přinejmenším tyto parametry: transparentnost fakturace, smluvní záruky a cenové a tržní trendy pro širokopásmovou, pevnou a mobilní telefonii;
Calls on the Commission to carry out and present to Parliament, with the aim of protecting users’ rights, studies on a regular basis, in which as a minimum the following parameters are analysed: transparency of invoicing, contract guarantees and trends in prices and markets, for broadband and fixed and mobile telephony;
29. znovu vyzývá Komisi a NRÚ, aby se snažily dosáhnout dalšího pokroku v oblasti přenostnosti čísel jak pro pevnou linku, tak mobilní telefony a v oblasti tarifů za ukončení hovoru na sítích;
Calls again on the Commission and European NRAs to strive to ensure that further progress is made with regard to number portability, both for fixed and mobile telephony, and charges for call termination on networks;
32. připomíná, že Komise v Bílé knize o službách obecného zájmu uvádí, že cíl vytvoření otevřeného a konkurenceschopného vnitřního trhu je slučitelný s cílem vyvinout služby obecného zájmu, jež budou přístupné, vysoce kvalitní a cenově dostupné, a regulační intervence musí proto brát oba cíle v úvahu;
Points out that in its White Paper on services of general interest the Commission stated that the goal of creating an open and competitive internal market was compatible with that of developing accessible, high-quality and affordable general interest services and regulatory intervention should therefore take both into account;
36. žádá Komisi, aby prozkoumala možnosti, jak dále přetvořit rozdílné národní trhy v tomto sektoru na vnitřní trh bez hranic, se společnou legislativou a předpisy, který umožní operátorům fungovat a soutěžit na jediném trhu;
Calls on the Commission to investigate how to proceed in order to develop the different national markets in this sector into an internal market without borders and with common legislation and regulations, allowing operators to act and compete in a single market;
The Commission report comes at a delicate stage in the transition from the old open network provision (ONP) model to the new framework and provides an account of the progress made.
The Commission report comes at a delicate stage in the transition from the old open network provision (ONP) model to the new framework and provides an account of the progress made.
The report was published in December last year and analyses the situation as at June 2004.
The report was published in December last year and analyses the situation as at June 2004.
In the course of a mini-public hearing and countless meetings with the parties concerned, both at interinstitutional and operator level, your rapporteur has been able to take stock of developments during the past year.
In the course of a mini-public hearing and countless meetings with the parties concerned, both at interinstitutional and operator level, your rapporteur has been able to take stock of developments during the past year.
Substance of the Commission report
Substance of the Commission report
In its report the Commission focuses on the sectors in which implementation problems are being encountered and improvements at national level are therefore needed.
In its report the Commission focuses on the sectors in which implementation problems are being encountered and improvements at national level are therefore needed.
Its analysis addresses the following points in particular:
Its analysis addresses the following points in particular:
Activities of National Regulatory Authorities (NRA)
Activities of National Regulatory Authorities (NRA)
The Commission draws attention to the danger that the principles of the independence and impartiality of NRAs may not be observed in the Member States.
The Commission draws attention to the danger that the principles of the independence and impartiality of NRAs may not be observed in the Member States.
This can arise where ‘ministries, which have not been notified as NRAs responsible for market analysis, intervene by giving instructions or directions affecting the NRAs’ regulatory decisions’.
This can arise where ‘ministries, which have not been notified as NRAs responsible for market analysis, intervene by giving instructions or directions affecting the NRAs’ regulatory decisions’.
A further problem is the length of the procedures for appeals against NRA decisions.
A further problem is the length of the procedures for appeals against NRA decisions.
Delays in this area create a situation of legal uncertainty for operators and consequently slow down the functioning of the market.
Delays in this area create a situation of legal uncertainty for operators and consequently slow down the functioning of the market.
Charges for authorisation of services
Charges for authorisation of services
The regulatory framework stipulates that charges relating to the management of authorisation systems and the granting of rights of use must be transparent, proportionate and objectively justified and cover only the actual administrative costs incurred.
The regulatory framework stipulates that charges relating to the management of authorisation systems and the granting of rights of use must be transparent, proportionate and objectively justified and cover only the actual administrative costs incurred.
The Commission is examining the position in a number of States where charges are relatively high.
The Commission is examining the position in a number of States where charges are relatively high.
Rights of way, co-location and facility sharing
Rights of way, co-location and facility sharing
The Commission is examining the national criteria for the granting of rights to install masts and antennas for the provision of mobile services, and related fees.
The Commission is examining the national criteria for the granting of rights to install masts and antennas for the provision of mobile services, and related fees.
These are very strict and in some cases have delayed the roll-out of third generation infrastructure.
These are very strict and in some cases have delayed the roll-out of third generation infrastructure.
Provision of universal service
Provision of universal service
The Commission notes that in some Member States the universal service provider may have been designated without regard for the principle that no undertaking should be precluded from providing universal service or without the necessary transparency.
The Commission notes that in some Member States the universal service provider may have been designated without regard for the principle that no undertaking should be precluded from providing universal service or without the necessary transparency.
Must-carry obligations
Must-carry obligations
The Commission points to the danger that arbitrary decisions may be taken in connection with must-carry obligations, unless such obligations are not imposed only where necessary to meet clearly defined general interests objectives.
The Commission points to the danger that arbitrary decisions may be taken in connection with must-carry obligations, unless such obligations are not imposed only where necessary to meet clearly defined general interests objectives.
Transitional provisions in the EU15
Transitional provisions in the EU15
These provisions require the 15 to ensure that regulatory obligations imposed on undertakings with significant market power (SMP) remain in place until regulators have adopted decisions in accordance with the new legislative framework.
These provisions require the 15 to ensure that regulatory obligations imposed on undertakings with significant market power (SMP) remain in place until regulators have adopted decisions in accordance with the new legislative framework.
Market reviews need to be speeded-up and application of the transitional regime limited to a minimum in order to address outstanding issues.
Market reviews need to be speeded-up and application of the transitional regime limited to a minimum in order to address outstanding issues.
· differences in the manner and detail of the regulatory scrutiny to which wholesale, access and retail tariffs have been subjected;
· differences in the manner and detail of the regulatory scrutiny to which wholesale, access and retail tariffs have been subjected;
· Uneven developments across the Member States relating to roll-out of local loop unbundling.
· Uneven developments across the Member States relating to roll-out of local loop unbundling.
Implementation of the ‘starting conditions’ in the new Member States
Implementation of the ‘starting conditions’ in the new Member States
The 10 new Member States were required to ensure that regulatory obligations were in place on SMP undertakings by the date of accession.
The 10 new Member States were required to ensure that regulatory obligations were in place on SMP undertakings by the date of accession.
A number of problems persist in the 10 new Member States:
A number of problems persist in the 10 new Member States:
· cost accounting and tariff transparency;
· cost accounting and tariff transparency;
· problems concerning provision of an appropriate reference interconnection offer;
· problems concerning provision of an appropriate reference interconnection offer;
· absence of full implementation of carrier selection, carrier pre-selection and number portability.
· absence of full implementation of carrier selection, carrier pre-selection and number portability.
Progress in implementation of legislative framework at 1 June 2005
Progress in implementation of legislative framework at 1 June 2005
Infringement proceedings are currently being brought against one Member State which has not yet transposed the legislative framework into national law (Greece).
Infringement proceedings are currently being brought against one Member State which has not yet transposed the legislative framework into national law (Greece).
Proceedings are also being brought against 17 Member States which have not adequately implemented the provisions of the new regulatory framework (Austria, Czech Republic, Germany, Finland, France, Greece, Italy, Latvia, Lithuania, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Sweden and Hungary).
Proceedings are also being brought against 17 Member States which have not adequately implemented the provisions of the new regulatory framework (Austria, Czech Republic, Germany, Finland, France, Greece, Italy, Latvia, Lithuania, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Sweden and Hungary).
These proceedings concern in particular:
These proceedings concern in particular:
· granting full powers to national regulatory authorities so as to guarantee competition;
· granting full powers to national regulatory authorities so as to guarantee competition;
· local loop unbundling;
· local loop unbundling;
· number portability;
· number portability;
· universal service;
· universal service;
· unwanted communications.
· unwanted communications.
Market analysis and notification procedures pursuant to Article 7 of the Framework Directive are under way.
Market analysis and notification procedures pursuant to Article 7 of the Framework Directive are under way.
The number of notifications so far received is 216, from 16 Member States.
The number of notifications so far received is 216, from 16 Member States.
The NRAs which have completed market analyses and notifications in the shortest time and with the greatest efficiency are OFCOM(UK), Ficora (Finland), RTR (Austria), ComReg (Ireland), ANACOM (Portugal), NHH (Hungary) and PTS (Sweden).
The NRAs which have completed market analyses and notifications in the shortest time and with the greatest efficiency are OFCOM(UK), Ficora (Finland), RTR (Austria), ComReg (Ireland), ANACOM (Portugal), NHH (Hungary) and PTS (Sweden).
Looked at objectively, the same can not be said of the NRAs from other Member States such as Spain, Italy, Belgium, Luxembourg, Poland, Czech Republic, Cyprus, Latvia and Estonia, which, on the contrary, have not yet begun the process of notifying the Commission.
Looked at objectively, the same can not be said of the NRAs from other Member States such as Spain, Italy, Belgium, Luxembourg, Poland, Czech Republic, Cyprus, Latvia and Estonia, which, on the contrary, have not yet begun the process of notifying the Commission.
The differences in the performances of the NRAs, all of which are motivated by the same laudable commitment, are probably due to the difficult legislative and economic conditions in which they are required to operate at national level.
The differences in the performances of the NRAs, all of which are motivated by the same laudable commitment, are probably due to the difficult legislative and economic conditions in which they are required to operate at national level.
It must therefore be ensured that the Member States adopt measures that will enable the NRAs to fulfil their functions more rapidly.
It must therefore be ensured that the Member States adopt measures that will enable the NRAs to fulfil their functions more rapidly.
Prospects for the review of the legislative framework
Prospects for the review of the legislative framework
The Commission is required to review the legislative framework and report back to Parliament and the Council by July 2006.
The Commission is required to review the legislative framework and report back to Parliament and the Council by July 2006.
Before that date, it will publish a communication assessing whether the objectives laid down in the existing legislative framework have been achieved, which will serve as a consultative document.
Before that date, it will publish a communication assessing whether the objectives laid down in the existing legislative framework have been achieved, which will serve as a consultative document.
On the basis of this, the Commission will submit the relevant proposals, if appropriate, by December 2006.
On the basis of this, the Commission will submit the relevant proposals, if appropriate, by December 2006.
RAPPORTEUR’S POSITION
RAPPORTEUR’S POSITION
General remarks on the new regulatory framework
General remarks on the new regulatory framework
The new European framework is a flexible instrument which enables the regulator to gear intervention to an assessment of the effective level of competition in the market.
The new European framework is a flexible instrument which enables the regulator to gear intervention to an assessment of the effective level of competition in the market.
This regulatory model seeks to enable remedies to be applied on the basis of the principle of proportionality and to make it possible gradually to reduce regulatory burdens when competitive trends in the market so warrant.
This regulatory model seeks to enable remedies to be applied on the basis of the principle of proportionality and to make it possible gradually to reduce regulatory burdens when competitive trends in the market so warrant.
These characteristic features of the framework are vital in enabling the regulator to intervene appropriately in a developing market marked by recent technological innovations which will enable new services to be provided to European consumers.
These characteristic features of the framework are vital in enabling the regulator to intervene appropriately in a developing market marked by recent technological innovations which will enable new services to be provided to European consumers.
Need for timely and uniform implementation - serious delays
Need for timely and uniform implementation - serious delays
Timely, uniform and correct implementation are vital if the European electronic communications market is to become genuinely competitive.
Timely, uniform and correct implementation are vital if the European electronic communications market is to become genuinely competitive.
Your rapporteur deplores the delays in implementation and market analyses, which seriously undermine the sound functioning of the market.
Your rapporteur deplores the delays in implementation and market analyses, which seriously undermine the sound functioning of the market.
What is lacking, as was mentioned above, is a clear legal frame of reference, given the continuing uncertainty as to the regulatory approach to adopt during the transitional period.
What is lacking, as was mentioned above, is a clear legal frame of reference, given the continuing uncertainty as to the regulatory approach to adopt during the transitional period.
This situation leads to different operating conditions for undertakings in the various Member States and is a barrier to a single market in electronic communications.
This situation leads to different operating conditions for undertakings in the various Member States and is a barrier to a single market in electronic communications.
Furthermore, this acts as a serious deterrent to innovative investment by operators.
Furthermore, this acts as a serious deterrent to innovative investment by operators.
A clear and transparent institutional framework
A clear and transparent institutional framework
Your rapporteur wishes to identify the functions and roles the institutions should perform when it comes to implementation of the legislation.
Your rapporteur wishes to identify the functions and roles the institutions should perform when it comes to implementation of the legislation.
The new framework gives broad discretionary powers of intervention to the national authorities, precisely to allow the functional flexibility needed for correct regulatory intervention.
The new framework gives broad discretionary powers of intervention to the national authorities, precisely to allow the functional flexibility needed for correct regulatory intervention.
In this connection, emphasis should be placed on the primary role of the Commission as regards correct interpretation of the new legislation.
In this connection, emphasis should be placed on the primary role of the Commission as regards correct interpretation of the new legislation.
In fact, the Commission’s role as guardian of Community law is essential in order to guarantee uniform application consistent with the aims of the regulatory framework.
In fact, the Commission’s role as guardian of Community law is essential in order to guarantee uniform application consistent with the aims of the regulatory framework.
Your rapporteur would stress that the European Regulators Group (ERG) must exercise the powers entrusted to it in a timely manner and fulfil its consultative role, backing up the Commission's assessment of how the framework is to be properly implemented.
Your rapporteur would stress that the European Regulators Group (ERG) must exercise the powers entrusted to it in a timely manner and fulfil its consultative role, backing up the Commission's assessment of how the framework is to be properly implemented.
Yet it should be pointed out that the composition and functions of the ERG and IRG (Independent Regulators Group) overlap to a considerable extent and steps should therefore be taken to avoid duplication of effort and of limited administrative resources.
Yet it should be pointed out that the composition and functions of the ERG and IRG (Independent Regulators Group) overlap to a considerable extent and steps should therefore be taken to avoid duplication of effort and of limited administrative resources.
With this in view, your rapporteur recommends that the two groups be gradually merged.
With this in view, your rapporteur recommends that the two groups be gradually merged.
As for Parliament’s role, the rapporteur is asking for it to be promptly informed by the Commission of its activities relating to analysis of the implementation of the regulatory framework by the Member States.
As for Parliament’s role, the rapporteur is asking for it to be promptly informed by the Commission of its activities relating to analysis of the implementation of the regulatory framework by the Member States.
This information is a vital prerequisite if Parliament is to be involved in monitoring and able to provide political impetus for the implementation of the regulatory framework.
This information is a vital prerequisite if Parliament is to be involved in monitoring and able to provide political impetus for the implementation of the regulatory framework.
The rapporteur has a great many requests to put forward concerning the role of the Member States.
The rapporteur has a great many requests to put forward concerning the role of the Member States.