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Consolidated Draft for Isc 070713

Consolidated Draft for Isc 070713

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Published by: Zivesk on Sep 10, 2013
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10/23/2013

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EUROPEANCOMMISSION
Brussels,XXX […](2013)XXXdraft 2013/[…](COD)Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILlaying down measures to complete the European single market for electroniccommunications and to achieve a Connected Continent
(Text with EEA relevance)
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2013/[…](COD)Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILlaying down measures to complete the European single market for electroniccommunications and to achieve a Connected Continent
(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,Having regard to the proposal from the European Commission,After transmission of the draft legislative act to the national Parliaments,Having regard to the opinion of the European Economic and Social Committee
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,Having regard to the opinion of the Committee of the Regions
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,Acting in accordance with the ordinary legislative procedure,Whereas:Europe has to tap all sources of growth to exit the crisis, create jobs and regain itscompetitiveness. The 2013 Spring European Council stressed the importance of the digitalsingle market for growth and called for concrete measures ahead of its October meeting toestablish a single market in Information and Communications Technology as early as possible. This initiative is a direct response to that call and will help achieving Europe 2020Strategy's aims of restoring smart growth and job creation in the Union by completing andadapting the existing EU Regulatory Framework for Electronic Communications in order toestablish a single market for electronic communications.The Digital Agenda for Europe (DAE), one of the flagship initiatives of Europe 2020Strategy, has already recognised the role of ICT and network connectivity as an indispensable basis for the development of our economies and society. To let Europe reap benefits of digitaltransformation, the EU needs a dynamic single market in electronic communications for allsectors and across all of Europe. Such a truly single communications market is the backboneof an innovative and 'smart' digital economy and a foundation of the digital single market.In a seamless digital single market the freedom to provide electronic communicationsnetworks and services to every customer in the Union and the right for each end-user tochoose the best offer available on the market should be ensured and should not be hindered bythe legacy fragmentation of markets along national borders. The current regulatory framework for electronic communications does not fully address such fragmentation, with national, rather than Europe-wide general authorisation regimes, national spectrum assignment schemes,differences of access products available for electronic communications providers in differentMember States, and different sets of sector-specific consumer rules applicable. The EU rules
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in many cases merely define a baseline, and are often implemented in diverging ways in eachMember State.A truly single market for electronic communications, once established, will promotecompetition, investment and innovation in new and enhanced networks and services byfostering market integration and cross-border service offerings. It will thus help achieving theambitious high-speed broadband targets set out in the DAE. The growing availability of digital infrastructures and services will in turn increase consumer choice and quality of service, and contribute to territorial and social cohesion, as well as facilitate mobility acrossthe EU. Finally the establishment of a true single market for electronic communications mayaffect the geographical scope of markets, for the purposes of both sector-specific regulation based on competition principles and the application of competition law itself.The benefits arising from a single market for electronic communications will extend to thewider digital eco-system including EU equipment manufacturers, content and application providers and the wider economy, including sectors such as banking, automobile, logistics,retail, energy, transport, who rely on connectivity to enhance their productivity through, for example, ubiquitous cloud applications, connected objects and possibilities for integratedservice provision for different parts of the company. Public administrations and generalservices such as in particular the health sector will also benefit from a wider availability of e-government and e-health services. The provision of connectivity through electroniccommunications networks and services is of such importance to the wider economy andsociety, as a general purpose technology, that unjustified sector-specific burdens, whether regulatory, fiscal, planning-related or otherwise, should be avoided.This Regulation should ensure the completion of the single market through action on three broad, inter-related axes. First, it should ensure the freedom to provide electroniccommunications services and networks across borders, building on the concept of a EuropeanPassport to put in place the conditions for much greater consistency and predictability in thecontent and implementation of sector-specific regulation throughout the Union. Second, it isnecessary to enable access on much more convergent terms and conditions to essential inputsfor the provision of electronic communications networks and services, both for wireless broadband communications, for which both licensed and unlicensed spectrum is key, and for fixed line connectivity. Third, in the interests of aligning business conditions and of buildingthe digital confidence of citizens, this Regulation should harmonise rules on the protection of end-users, especially consumers, ranging from non-discrimination to contractual informationto termination and switching, in addition to rules on access to online content, applications andservices and on traffic management which not only protect end-users but simultaneouslyguarantee the continued functioning of the Internet ecosystem as an engine of innovation. Inaddition, further reforms in the field of roaming should give end-users the confidence to stayconnected when they travel in the Union, and should become over time a driver of convergent pricing and other conditions in the Union.The measures provided for in this Regulation should therefore complement the existing EURegulatory Framework and the applicable national legislations adopted in conformity withUnion law, by providing specific rights and obligations for both electronic communications providers and end-users, by making consequential amendments to the existing Directives inorder to secure greater convergence as well as some substantive changes consistent with amore competitive Single Market, and by coordinating the definition of certain inputs atEuropean level with a view to enable the provision of electronic communications servicesacross national borders.
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