Changes from report parliamentary committee draft to plenary report

RemovedRecital 43: (43) To facilitate the deployment of elements of very high capacity networks, any fee related to a permit, other than rights of way, should be limited to the administrative costs related to processing the permit request according to the principles established in Article 16 of Directive (EU) 2018/1972. In the case of rights of way, competent authorities should establish the fees taking into account the provisions established in Articles 42 and 43 of Directive (EU) 2018/1972. Member States should promote the harmonisation of regional and local policy regarding the criteria for the setting of fees for rights of way on public land and exchange best practices among competent authorities.

Added(8) The measures set out in Directive 2014/61/EU contributed to less costly deployments of high-speed electronic communications networks. However, these measures should be strengthened and streamlined to further reduce costs and speed up network deployment.

RemovedRecital 54: (54) Member States should be allowed to rely on, and where necessary improve, digital tools, such as web portals, digital platforms, and digital applications that might already be available at local, regional or national level to provide the functions of the single information point provided they comply with the obligations set out in this Regulation. This includes access through a single national digital entry point and the availability of all the functionalities set out in this Regulation. To comply with the ‘once-only’ data minimisation and accuracy principles, Member States should be allowed to integrate more digital platforms or applications supporting the single information points, as appropriate. For example, the digital platforms or applications supporting the single information points on existing physical infrastructure could be interconnected or fully or partially integrated with the ones for planned civil works and granting permits. In order to avoid duplication and ensure seamless integration, Member States should carry out a comprehensive assessment of already existing digital tools at national, regional and local levels and build on best practices when designing the single information point.

Added(9) Measures aiming to make using public and private existing infrastructures more efficient and reduce costs and obstacles in carrying out new civil engineering works should contribute substantially to ensuring a fast and extensive deployment of very high capacity networks, in particular in rural, remote or scarcely populated areas or in transport corridors. These measures should maintain effective competition without harming the safety, security, and smooth operation of the existing infrastructure and public health and environment, and should be based on adequate methodologies and scientific data.

RemovedRecital 58: (58) To avoid delays in network deployments, the national dispute settlement body should settle the dispute in a timely manner and, in any event, at the latest within 3 months from receipt of the request to settle the dispute in the case of disputes on access to existing physical infrastructure and 1 month when it concerns transparency on physical infrastructure, coordination of planned civil works and transparency on planned civil works. In exceptional, duly substantiated cases, those deadlines could be extended by a maximum period of one month. Exceptional circumstances justifying a delay in the settlement of a dispute could be beyond the control of the dispute settlement bodies, such as insufficient information or documentation that is necessary to take a decision, including the views of other competent authorities that need to be consulted or the high complexity of the file.

Added(10) Some Member States have adopted measures to reduce the costs of broadband roll-out, including by going beyond the provisions of Directive 2014/61/EU. However, those measures are still very different across Member States and have led to different results across the Union. Scaling up some of those measures across the Union and taking new reinforced measures could significantly contribute to the better functioning of the digital single market. Moreover, differences in regulatory requirements and inconsistent implementation of Union rules sometimes prevent cooperation across utility companies. The differences may also raise barriers to entry for new undertakings providing or authorised to provide public electronics communications networks or associated facilities, as defined in Directive (EU) 2018/1972 (‘operators’). These differences may also close off new business opportunities, hindering the development of an internal market for the use and deployment of physical infrastructures for very high capacity networks. Moreover, the measures notified in the national roadmaps and implementation reports adopted by Member States under Commission Recommendation (EU) 2020/1307 neither cover all the areas of Directive 2014/61/EU nor address all issues in a consistent and complete manner. This is despite how essential it is to take action across the whole roll-out process and across sectors to achieve a coherent and significant impact. Member States should be encouraged to continue implementing the best practices set out in the Commission Recommendation (EU) 2020/1307 that can facilitate the implementation of this Regulation in line with the minimum harmonisation principle.

RemovedRecital 59: (59) Where disputes arise on access to the physical infrastructure, planned civil works or information thereof to deploy very high capacity networks, the dispute settlement body should have the power to resolve such disputes by means of a binding decision. In any case, decisions of such a body should be without prejudice to the possibility of any party to refer the case to a court or to conduct a prior or parallel conciliation mechanism to the formal dispute settlement, which could take the form of mediation or an additional round of exchanges. In order to ensure transparency and predictability and to enhance enforcement and trust in dispute resolution mechanisms, national dispute settlements bodies should publish their decisions in a transparent and clear manner via the single information point(s) while respecting the principles of confidentiality and business secrets.

Added(11) This Regulation aims to strengthen and harmonise rights and obligations applicable across the Union to accelerate the roll-out of very high capacity networks and cross-sector coordination. Due to the persistent fragmentation of electronic communications markets in individual national markets, undertakings providing or authorised to provide electronic communications networks are unable to achieve economies of scale. This can have a strong downstream effect on cross-border trade and services provision, since many services can only be provided where an adequately performant network is in place across the Union. While ensuring an improved level playing field, this Regulation does not prevent national measures in compliance with Union law that serve to promote the joint use of existing physical infrastructure or enable a more efficient and rapid deployment of new physical infrastructure by complementing or going beyond the rights and obligations laid down in this Regulation. For example, Member States could shorten the deadlines to grant or deny permits necessary for deployment, introduce supplementary permit exemptions, extend provisions on civil works coordination also to privately funded projects, require that more information on physical infrastructure or planned civil works is provided to a single information point in electronic format, expand the provisions on access to existing physical infrastructure to privately owned buildings, as well as introduce further incentives for administrative bodies to speed up permitting procedures, give guidance on methodologies for access price setting, including through the use of cost-oriented principle where appropriate, provided that they do not violate Union law including the provisions of this Regulation.

RemovedRecital 61: (61) The designated national dispute settlement body and the competent body performing the functions of the single information point should ensure impartiality, political independence pursuant to Directive (EU) 2018/1972 and structural separation towards the parties involved, exercise their powers impartially, transparently and in a timely manner; and have the appropriate competencies and resources.

Added(12) To ensure legal certainty, including regarding specific regulatory measures imposed under Directive (EU) 2018/1972, under Title II, Chapters II to IV , Commission Directive 2002/77/EC, and Directive (EU) 2022/2555 of the European Parliament and the Council, the provisions of those directives and national measures for their implementation should prevail over this Regulation.

RemovedAlignment with the Directive (EU) 2018/1972.

Added(13) It can be significantly more efficient for operators, in particular new entrants, to reuse existing physical infrastructure, including that of other utilities, to roll out very high capacity networks or associated facilities. This is the case, in particular, in areas where no suitable electronic communications network is available or where it may not be economically feasible to build new physical infrastructure. Moreover, synergies across sectors may significantly reduce the need for civil works relating to the deployment of very high capacity networks. This reuse can also reduce the social and environmental costs linked to these works, such as pollution, noise and traffic congestion. Therefore, this Regulation should apply not only to operators but also to owners or holders of rights to use extensive and ubiquitous physical infrastructure suitable to host electronic communications network elements, such as physical networks for the provision of electricity, gas, water and sewage and drainage systems, and heating and transport services. In the case of holders of rights, this does not change any property rights of third parties or limit the exercise of such rights.

RemovedArticle 1 – paragraph 4: 4. By way of exception to paragraph 3, Member States shall not maintain or introduce in their national law provisions diverging from those laid down in Article 3(3) and (6), Article 4(4), Article 5(2) and (4), Article 6(2), Article 7(1) and Article 8(7) and (8). The exclusion of Article 5(2) shall be without prejudice to the possibility of Member States to extend provisions on civil works coordination to privately funded projects.

Added(14) To improve the deployment of very high capacity networks in the internal market, this Regulation should lay down rights for undertakings providing public electronic communications networks or associated facilities (including undertakings of a public nature) to access physical infrastructure regardless of its location under fair and reasonable terms consistent with the normal exercise of property rights. At the same time, it is important to ensure that the access providers have a fair return on investment, which reflects the relevant market conditions and, in particular in the case of providers of associated facilities, their different business models. Where access is provided through a contract agreed before the date of entry into force of this Regulation, and the price has already been negotiated and agreed, or included in the contract, the price should not be required to comply with fair and reasonable terms.The obligation to give access to the physical infrastructure should be without prejudice to the rights of the owner of the land or of the building in which the infrastructure is located.

RemovedArticle 2 – paragraph 2 – point 1 a (new): (1a) ‘very high capacity network’ means very high capacity network as defined in Article 2, point (2), of the Directive (EU) 2018/1972;

Added(15) In particular, taking into account the fast development of providers of wireless physical infrastructure such as ‘tower companies’, and their increasingly significant role as providers of access to physical infrastructure suitable to install elements of wireless electronic communications networks, such as 5G, the definition of ‘network operator’ should be extended beyond undertakings providing or authorised to provide electronic communications networks and operators of other types of networks, such as transport, gas or electricity, to include undertakings providing associated facilities, which should also fall under the scope of this Regulation, except the provisions regarding in-building physical infrastructure and access. The provisions regarding the fair and reasonable terms and conditions for granting access should not apply to associated facilitates when they operate as a wholesale only model, which offers physical access to more than one host undertaking providing or authorised to provide public electronic communication networks, unless national regulatory authorities substantiate the need to impose market remedies as a result of a market analysis. In order to ensure continuity of service and predictability for the planned deployments of associated facilities, owners of land where associated facilities have been installed, should be required to negotiate access to land with undertakings providing or authorised to provide those associated facilities under fair and reasonable terms and conditions, including price, in accordance with national contract law.

RemovedArticle 2 – paragraph 2 – point 2 – paragraph 1 – point b: (b) where they are not part of a network and are owned or controlled by public sector bodies: buildings or entries to buildings, including rooftops and any other asset including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations.

Added(16) In view of their low degree of differentiation, the physical facilities of a network can often host a wide range of electronic communications network elements at the same time without affecting the main service provided and with minimum adaptation costs. These elements include those capable of delivering broadband access services at speeds of at least 100 Mbps in line with the technological neutrality principle. Therefore, physical infrastructure, that is intended to only host other elements of a network without becoming an active network element itself, such as dark fibre, can in principle be used to accommodate electronic communications cables, equipment or any other element of electronic communications networks, regardless of its current use or its ownership, security concerns or future business interests of the infrastructure’s owner. The physical infrastructure of public electronic communications networks can in principle also be used to accommodate elements of other networks. Therefore, in appropriate cases, public electronic communications network operators may give access to their networks so that other networks can be deployed. Without prejudice to the pursuit of the specific general interest linked to the provision of the main service, synergies between network operators should at the same time be encouraged to contribute to achieving the digital targets set out in Decision (EU) 2022/2481.

RemovedArticle 2 – paragraph 2 – point 4: (4) ‘public sector body’ means a State, regional or local authority, a body governed by public law or an association formed by one or several such authorities, one or several such bodies governed by public law, or any entity exclusively entrusted with performing tasks on their behalf which includes control or management of the physical infrastructure;

Added(17) In the absence of a justified exception, physical infrastructure elements owned or controlled by public sector bodies or any entity exclusively entrusted with performing tasks on behalf of those public sector bodies, even when they are not part of a network, can also host electronic communications network elements and should be made accessible to facilitate installing network elements of very high capacity networks, in particular wireless networks. Examples of physical infrastructure elements are buildings, entries to buildings, rooftops and facades of buildings, and any other asset, including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations. It is for Member States , in cooperation with regional and local authorities to identify specific buildings owned or controlled by public sector bodies in their territories where access obligations cannot apply, for example, for reasons of architectural, historical, religious or natural value, national security or road safety. In order to ensure public acceptance and sustainable deployment, network elements of very high capacity networks should have minimal visual impact.

RemovedArticle 2 – paragraph 2 – point 11 a (new): (11a) ‘rights of way’ means rights granted pursuant to Article 43(1) of the Directive (EU) 2018/1972;

Added(17a) On the one hand, entire areas, especially in rural regions, could be left without connectivity due to the fact that the public sector infrastructure does not allow or is not suitable for the installation of elements of very high capacity networks. On the other hand, there are commercial buildings that are the only alternative to hosting such elements. Aiming to ensure connectivity in remote and scarcely populated areas and to bridge the digital coverage gap between rural and urban areas, while keeping the interference with private property to a minimum, the requirements to provide access to existing physical infrastructure should, in very limited situations, be extended to commercial buildings. The obligation to provide access in those cases would be justified provided that there is no alternative to developing very high capacity networks in the area concerned and subject to fair conditions, including concerning the remuneration for providing such access. That obligation would be applied only where one of the following conditions is met: there is no very high capacity network deployed in the area concerned and there is no proven plan to do so within a year from the request for access by the network operator; there is no available existing physical infrastructure owned or controlled by network operators or public sector bodies which is technically suitable to host elements of very high capacity networks in the area concerned; or the requesting operator proves that it has failed to obtain State aid to deploy a very high capacity network in the area concerned or to find a suitable co-investor to deploy such physical infrastructure.

Change 2

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Change 3

RemovedArticle 3 – paragraph 1 a (new): 1a. Where required to ensure the continuity of electronic communication service, owners of land where associated facilities have been or will be installed with the view to deploying element of very high capacity networks, shall negotiate with undertakings providing or authorised to provide those associated facilities at fair and reasonable terms and conditions, for the access to land, including price, in accordance with national contract law.

Added(19) In order to ensure legal certainty and avoid disproportionate burdens on network operators resulting from the simultaneous application of two distinct access regimes to the same physical infrastructure, physical infrastructure subject to access obligations imposed by national regulatory authorities pursuant to Directive (EU) 2018/1972 or access obligations resulting from the application of Union State aid rules should not be subject to access obligations set out in this Regulation for as long as such access obligations remain in place. However, this Regulation should be applicable where a national regulatory authority has imposed an access obligation under Directive (EU) 2018/1972 that limits the use that can be made of the physical infrastructure concerned. For instance, this could occur when an operator planning to connect base stations requests access to existing physical infrastructure to which access obligations are imposed in the market for access to wholesale dedicated capacity.

RemovedArticle 3 – paragraph 1 b (new): 1b. Owners of buildings exclusively used for private commercial purposes shall also meet reasonable requests for access to those buildings, including their rooftops, with a view to installing elements of very high capacity networks or associated facilities under fair and reasonable terms and conditions, including price, in areas where: / (a) there is no very high capacity network deployed and there is no proven plan that it will be deployed within a year of the moment of when the network operator intends to request access; / (b) there is no available existing physical infrastructure owned or controlled by network operators or public sector bodies which is technically suitable to host elements of very high capacity networks; or / (c) the requesting operator proves it has failed to obtain State aid to cover that area, or to find a suitable co-investor to deploy physical infrastructure. / This paragraph shall be without prejudice to the right of Member States to expand the obligation to meet reasonable requests for access to physical infrastructure to private buildings.

Added(20) To ensure proportionality and preserve investment incentives, especially for very high capacity networks pioneers, and thus create an incentive for the rapid rollout of very high capacity networks to rural and remote areas a network operator or public sector body should have the right to refuse access to specific physical infrastructure for objective and justified reasons. In particular, a physical infrastructure for which access has been requested could be technically unsuitable due to specific circumstances, or because of lack of currently available space or future needs for space that are sufficiently demonstrated, for instance, in publicly available investment plans. To ensure proportionality and preserve investment incentives, a network operator or public sector body may refuse access to specific physical infrastructure. To avoid any potential distortion of competition or any possible abuse of the conditions to refuse access, any such refusal should be duly justified and based on objective and detailed reasons. For example such reasons would not be considered objective where an undertaking providing or authorised to provide electronic communications networks has deployed physical infrastructure thanks to civil works coordination with a network operator other than an electronic communications network operator and refuses to grant access based on an alleged lack of availability of space to host the elements of very high capacity networks which results from decisions made by the undertaking under its control. In such case, a competition distortion could arise if there is no other VHCN in the area concerned by the access request. Similarly, in specific circumstances, sharing the infrastructure could jeopardise safety or public health, network integrity and security, including that of critical infrastructure, or could endanger the provision of services that are primarily provided over the same infrastructure. Moreover, where the network operator already provides a viable alternative means of wholesale physical access to electronic communications networks that would meet the needs of the access seeker, such as dark fibre or fibre unbundling, access to the underlying physical infrastructure could have an adverse economic impact on its business model, in particular that of wholesale-only operators, and incentives to invest. It may also risk an inefficient duplication of network elements, which should, in particular, be avoided until sufficient coverage of rural areas with very high capacity networks is achieved. The assessment of the fair and reasonable character of the terms and conditions for such alternative means of wholesale physical access should take into account, inter alia, the underlying business model of the undertaking providing or authorised to provide public electronic communications networks granting access, ▌the need to avoid any reinforcement of the significant market power, if any, of either party, and the need to ensure a fair return on investment reflecting the relevant market conditions and business model in the case of the providers of associated facilities.

RemovedArticle 3 – paragraph 2 – point a: (a) the need to ensure that the access provider has a fair opportunity to recover the costs it incurs in order to provide access to its physical infrastructure, taking into account specific national conditions, different business models, and any tariff structures put in place to provide a fair opportunity for cost recovery; in the case of electronic communications networks, any remedies imposed by a national regulatory authority shall also be taken into account.

Added(21) To facilitate the reuse of existing physical infrastructure, where operators request access in a specified area, network operators and public sector bodies that own or control physical infrastructure should make an offer for the shared use of their facilities under fair and reasonable terms and conditions, including price, unless access is refused for objective and justified reasons. Public sector bodies should also be required to offer access under non-discriminatory terms and conditions. Depending on the circumstances, several factors could influence the conditions under which such access is granted. These include: (i) any additional maintenance and adaptation costs; (ii) any preventive safeguards to be adopted to avoid adverse effects on network safety, security and integrity; (iii) any specific liability arrangements in the event of damages; (iv) the use of any public subsidy granted for the construction of the infrastructure, including specific terms and conditions attached to the subsidy or provided under national law in compliance with Union law; (v) the ability to deliver or provide infrastructure capacity to meet public service obligations; and (vi) any constraints stemming from national provisions aiming to protect the environment, public health, public security or to meet town and country planning objectives.

Change 4

ChangedArticle(22) 3Investments –in paragraphphysical 2infrastructure –of pointpublic b:electronic (b)communications thenetworks impactor ofassociated thefacilities requestedshould accessdirectly oncontribute to the accessobjectives provider’sset businessout plan,in includingDecision investments(EU) in2022/2481 theand avoid opportunistic behaviour. Therefore, any obligation of access to existing physical infrastructure toor whichcoordination theof accesscivil hasworks beenshould requested,fully astake wellinto asaccount thea neednumber toof ensurefactors thatsuch as (i) the accesseconomic providerviability hasof athose fairinvestments returnbased on investment,their whichrisk reflectsprofile; (ii) any time schedule for the relevantreturn marketon conditionsinvestment; and,(iii) inany particularimpact inthat the caseaccess ofhas theon providersdownstream ofcompetition associatedand facilities,consequently theiron differentprices businessand models;return on investment; (iv) any depreciation of the accessnetwork priceassets offeredat bythe providerstime of associatedthe facilitiesaccess mayrequest; be(v) assumedany tobusiness becase fairunderpinning andthe reasonableinvestment, whenin theyparticular operatein asthe aphysical wholesaleinfrastructure onlyused modelfor whichproviding offersvery onlyhigh passivecapacity accessnetwork toservices; moreand than(vi) oneany hostpossibility publicpreviously electronicoffered communicationsto operatorthe ataccess comparableseeker conditions.to co-deploy.

Change 5

ChangedArticle(23) 3Public –sector paragraphbodies 4:that 4.own Memberor Statescontrol shallphysical establishinfrastructure may lack sufficient resources, experience or the necessary technical knowledge to engage in negotiations with operators on access. In such a bodycase, in order to coordinatefacilitate access requests to these public sector bodies’ physical infrastructureinfrastructure, owneda orbody controlledshould bybe publicappointed sectorto bodies,coordinate the access requests, provide legal and technical advice through the negotiationfor ofnegotiating access terms and conditions, includingand withmake respectrelevant toinformation accesson tosuch landphysical infrastructure available via a single information point. The coordinating body should also support public sector bodies in preparing model contracts and facilitatemonitor the provisionoutcome and the length of informationtime viaof athe singleaccess informationrequests pointprocess. referredThe body could also help if disputes arise on access to inphysical Articleinfrastructure 10.that public sector bodies own or control.

Change 6

RemovedArticle 3 – paragraph 8: 8. Without prejudice to paragraph 1a, this Article shall not affect the right to property of the owner of the physical infrastructure where the network operator or the public sector body is not the owner and to the right to property of any other third party, such as landowners and private property owners.

Added(24) To ensure consistency of approaches among Member States, while taking into account the distinct situations across Member States the Commission, in close cooperation with the Body of European Regulators for Electronic Communications (BEREC), should provide guidance on applying the provisions on access to physical infrastructure, including but not only on the application of fair and reasonable conditions, by at least the date of entry into force of this Regulation. The views of stakeholders, national authorities and national dispute settlement bodies should be duly taken into account in the preparation of the guidance to ensure, to the extent possible, that such guidance are not disruptive to well-established principles, are in line with national dispute settlement bodies procedural rules, and are not harmful for further deployment of very high capacity networks. In order to avoid market disruptions and reverse effects in investments, when establishing the guidelines on a fair and reasonable price, the Commission should take into account the features of the network operators and their business model, in particular when it is based on renting infrastructure to third parties, such as tower companies or wholesale only operators as well as determine criteria for the establishment of prices for different categories of infrastructure. Considering the level of flexibility that the Member States are granted in the application of the provisions on access to physical infrastructure, and in order to be efficient, the Commission guidance should provide an appropriate level of granularity.

RemovedArticle 3 – paragraph 9: 9. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, the Commission shall, in close cooperation with BEREC, provide guidance on the application of this Article.

Added(25) Operators should have access to minimum information on physical infrastructure and ▌civil works planned by a network operator or, in specific cases, such as road construction relevant for the deployment of very high capacity network, by a public sector body in the area of deployment. The Commission should issue guidelines on the type of public civil works and information that is to be made available to facilitate deployment of very high capacity networks. This will enable them to effectively plan deploying very high capacity networks and ensure the most effective use of existing physical infrastructure, suitable for rolling out such networks, and planned civil works. Such minimum information is a pre-requisite to assess the potential for using existing physical infrastructure or coordinating the planned civil works in a specific area, as well as to reduce damage to any existing physical infrastructures. In view of the number of stakeholders involved (covering publicly and privately financed civil works as well as existing or planned physical infrastructure) and to facilitate access to that information (across sectors and borders), the network operators and public sector bodies subject to transparency obligations should, where feasible proactively (rather than upon request) provide and maintain such minimum information via a single information point. This will simplify managing requests to access such information and enable operators to express their interest in accessing physical infrastructure or coordinating civil works, for which timing is critical. The minimum information on planned civil works should be provided via a single information point as soon as the information is available to the network operator concerned and, in any event and where permits are required, no later than 3 months before the permit application is first submitted to the competent authorities. Network operators and public sector bodies subject to transparency obligations could proactively and on a voluntary basis expand the minimum information provided, to additional characteristics, such as information regarding the occupation level of the physical infrastructure, where available, or indicative information regarding the availability of dark fibre.

RemovedArticle 4 – paragraph 1 – subparagraph 2 a (new): Member States may require information on existing physical infrastructure in addition to the minimum information referred to in the first subparagraph, such as information on the occupation level of the physical infrastructure.

Added(26) The minimum information should be made available promptly via the single information point under proportionate, non-discriminatory and transparent terms so that operators can submit their requests for information. The single information point should consist of a repository of information in electronic format, where information can be accessed and requests can be made online using digital tools, such as webpages, digital applications, and digital platforms. The information made available may be limited to ensure network security and integrity, in particular that of critical infrastructure, national security, or to safeguard legitimate operating and business secrets. The single information point does not have to host the information as long as it ensures that links are available to other digital tools, such as web portals, digital platforms or digital applications, where the information is stored. The single information point may provide additional functionalities, such as access to additional information or support to the process of requests for access to existing physical infrastructure or to coordinate civil works.

RemovedArticle 4 – paragraph 2: 2. Network operators and public sector bodies shall make available the minimum information, referred to in paragraph 1, and, where applicable, additional information via the single information point and in electronic format, by [DATE OF ENTRY INTO FORCE + 12 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1.

Added(27) In addition, if the request is reasonable, in particular if needed to share existing physical infrastructures or coordinate civil works, operators should be granted the possibility to make on-site surveys and request information on planned civil works under transparent, proportionate and non-discriminatory conditions and without prejudice to the safeguards adopted to ensure network security and integrity, protection of confidentiality, as well as operating and business secrets.

RemovedArticle 5 – paragraph 2 – subparagraph 1: Any network operator or public authority when performing or planning to perform directly or indirectly civil works, which are fully or partially financed by public means, shall meet any reasonable written request to coordinate those civil works under transparent and non-discriminatory terms made by operators with a view to deploying elements of very high capacity networks or associated facilities.

Added(28) Advanced transparency of planned civil works via single information points should be incentivised. This can be done by easily redirecting operators to such information whenever available. Transparency should also be enforced by making permit-granting applications subject to prior publication of information on ▌civil works planned by network operators via a single information point.

RemovedArticle 7 – paragraph 5 – subparagraph 1: The competent authorities shall grant or refuse permits, other than rights of way, within three months from the date of the receipt of a complete permit application.

Added(29) The discretion that Member States retain to allocate the functions of the single information points to more than one competent body should not affect their ability to effectively fulfil those functions. Where more than one single information point is set up in a Member State, a single national digital entry point consisting of a common user interface should ensure seamless access to all single information points by electronic means. The single information point should be fully digitised and provide easy access to the relevant digital tools. This will enable network operators and public sector bodies exercise their rights and comply with the obligations set out in this Regulation. This includes fast access to the minimum information on existing physical infrastructure and planned civil works, electronic administrative procedures for granting permits and rights of way, and the applicable conditions and procedures. As part of this minimum information, the single information point should give access to georeferenced information on the location of existing physical infrastructure and planned civil works. To facilitate this, Member States should provide automated digital tools for the submission of the georeferenced information and conversion tools to the supported data formats. These could be made available to network operators and public sector bodies responsible for providing this information via the single information point. Furthermore, where georeferenced location data are available via other digital tools, such as the INSPIRE Geoportal under Directive 2007/2/EC of the European Parliament and of the Council, the single information point could provide user-friendly access to this information.

RemovedArticle 7 – paragraph 5 – subparagraph 4: In exceptional and duly substantiated cases, the three month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority by a period not longer than three months. Member States shall set out the reasons justifying such an extension, publish them in advance via single information points and notify them to the Commission.

Added(30) To ensure proportionality and security, the requirement to provide information on existing physical infrastructure via the single information point need not apply for the same reasons as those justifying a refusal of an access request. In addition, providing information on existing physical infrastructure via the single information point could, in very specific cases, be burdensome or disproportionate for network operators and public sector bodies. This could arise, for example, where the mapping of relevant assets is not yet available and it would be very costly to map or where access requests are expected to be very low in certain areas of a Member State or in respect to certain specific physical infrastructure. Where it appears that providing information is disproportionate based on a detailed cost-benefit analysis, network operators and public sector bodies should not be obliged to provide such information. Member States should conduct such detailed cost-benefit analysis based on a consultation with stakeholders on demand for access to existing physical infrastructure, and the analysis should be updated regularly. The consultation process and its outcome should be made public, and the specific physical infrastructure to be exempted from this obligation should be notified to the Commission.

RemovedArticle 7 – paragraph 6: 6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the three month period from the date of receipt of the application.

Added(31) To ensure consistency, the competent bodies performing the functions of the single information point, the national regulatory authorities fulfilling their tasks under Directive (EU) 2018/1972 or other competent authorities, such as national, regional or local authorities in charge of cadastre or the implementation of Directive 2007/2/EC (INSPIRE), as appropriate, should consult and cooperate with each other. The purpose of such cooperation should be to minimise the efforts in complying with transparency obligations on network operators and public sector bodies, including the undertakings designated with significant market power (‘SMP’ operators), to make information available about their physical infrastructure; Where a different data set on physical infrastructure of the SMP operator is required such cooperation should result in establishing useful interlinks and synergies between the SMP-related database and the single information point and proportionate common practices of data collection and data provision to deliver results that are easily comparable. Cooperation should also aim at facilitating access to information on physical infrastructure, in light of national circumstances. If regulatory obligations are modified or withdrawn, the parties affected should be able to agree on the best solutions to adapt the collection and provision of physical infrastructure data to the newly applicable regulatory requirements.

RemovedArticle 7 – paragraph 7: 7. In the absence of a response from the competent authority within the three month deadline referred to in paragraphs 5 first subparagraph, and unless such deadline is extended pursuant to paragraph 5 fourth subparagraph, the permit shall be deemed to have been granted. This shall also apply in the case of rights of way referred to in paragraph 6. Upon request, the network operator requesting the permit shall be entitled to receive confirmation of the permit that is deemed to have been granted.

Added(32) The transparency obligation for the coordination of civil works need not apply to civil works for reasons of national security or in an emergency. This could be the case, for civil works performed if there is a risk of public danger as a result of degradation processes to civil engineering works and their associated installations, which are caused by destructive natural or human factors and are needed to ensure their safety or their demolition. For reasons of transparency, Member States should notify the types of civil works falling under those circumstances to the Commission and publish them via a single information point.

RemovedArticle 7 – paragraph 7 a (new): 7a. Competent authorities shall allow renewal of permits to the operators to which the permit has been granted for the deployment of elements of very high capacity networks or associated facilities that for objectively justified reasons were not able to start or conclude the work before the expiration of the validity of the permit. The renewal shall be made upon a request of the operator via the single information point and require no additional procedures. Competent authorities shall grant the renewed permit for a validity period of the maximum that corresponds to the period that was granted for the original permit.

Added(33) To ensure significant savings and minimise inconveniences to the area affected by the deployment of new electronic communications networks, regulatory constraints preventing as a general rule the negotiation among network operators of agreements to coordinate civil works to deploy very high capacity networks should be prohibited. If civil works are not financed by public means, this Regulation should be without prejudice to the possibility for network operators to conclude civil works coordination agreements according to their own investment and business plans and their preferred timing.

RemovedArticle 7 – paragraph 7 b (new): 7b. Operators shall not be subject to permit-granting procedure for works on the authorised infrastructure, consisting in repair and maintenance works or upgrades of existing installations, provided that it may only require minor a intervention in comparison to the initial work for which the permit was granted. This shall be done in accordance with the specifications of the implementing act referred to in paragraph 8.

Added(34) Member States should maximise the results of civil works fully or partially financed by public means, by exploiting the positive externalities of those works across sectors and ensuring equal opportunities to share the available and planned physical infrastructure to deploy very high capacity networks. The main purpose of civil works financed by public means should not be adversely affected. However, timely and reasonable requests to coordinate the deployment of elements of very high capacity networks should be met by the network operator carrying out the civil works concerned directly or indirectly (for example, through a sub-contractor) under proportionate, non-discriminatory and transparent terms. For example, the requesting operator should cover any additional costs, including those caused by delays and keep changes to the original plans to a minimum Such provisions should not affect the right of Member States to reserve capacity for electronic communications networks even in the absence of specific requests. This will enable Member States to meet future demand for physical infrastructures to maximise the value of civil works or to adopt measures giving similar rights to operators of other types of networks, such as transport, gas or electricity, to coordinate civil works.

RemovedArticle 7 – paragraph 8: 8. The Commission shall, by means of an implementing act, specify a minimum list of categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit-granting procedure within the meaning of this Article, including of paragraph 7b, without prejudice to the right of Member States to expand the list of such categories. This implementing act shall be adopted by [DATE OF ENTRY INTO FORCE + 12 MONTHS], in accordance with the examination procedure referred to in Article 13.

Added(35) In some cases, in particular for deployments in rural, remote or scarcely populated areas, the obligation on network operators to coordinate civil works might put at risk the financial viability of such deployments and eventually disincentivize investments carried out under market terms. Therefore, a request to an undertaking providing or authorised to provide public electronic communications networks to coordinate civil works might be considered unreasonable under specific circumstances. This should be the case, in particular, if the requesting undertaking providing or authorised to provide electronic communications networks did not state its intention to deploy very high capacity networks in that area (either as a new deployment, an upgrade or an extension of a network) and there had been a forecast or invitation to declare an intention to deploy very high capacity networks in designated areas (pursuant to Article 22 of Directive (EU) 2018/1972) or a public consultation under Union State aid rules. If more than one of those forecasts, invitations and/or public consultations have occurred, only the lack of an expression of interest at the most recent occasion covering the period during which the request for coordination of civil works is made should be considered. To ensure the possibility to access the deployed infrastructure in the future, the undertaking providing or authorised to provide public electronic communications networks performing the civil works should guarantee that it will deploy physical infrastructure with sufficient capacity, taking into account the guidance provided by the Commission. This is without prejudice to the rules and conditions attached to the assignment of public funds and the application of State aid rules.

RemovedArticle 7 – paragraph 9: 9. Competent authorities shall not subject the deployment of elements referred to in paragraph 8 to any individual town planning permit or other individual prior permits. By way of derogation, competent authorities may require permits for the deployment of elements of very high capacity networks or associated facilities on buildings or sites of architectural, historical, religious or natural value protected in accordance with national law or where necessary for public safety or national security reasons.

Added(36) To ensure consistency of approaches, while taking into account the diverse situations across Member States, the Commission, in close cooperation with the Body of European Regulators (BEREC), should provide guidance, by at least the date of entry into force of this Regulation, on applying the provisions on civil work coordination, including but not only on apportioning of costs. The views of stakeholders and particulary of national dispute settlement bodies should be duly taken into account in the preparation of the guidance. Considering the level of flexibility that Member States are granted in the application of the provisions on civil work coordination, and in order to enhance efficiencies, the Commission guidance should provide an appropriate level of granularity.

RemovedArticle 7 – paragraph 11 a (new): 11a. Where multiple competent authorities are involved in the granting of a number of different permits and rights of way associated to one request, Member States shall designate a single body responsible to coordinate the procedures related to granting permits.

Added(37) Effective coordination can help reduce costs and delays as well as deployment disruption, which can be caused by problems on site. One example where coordination of civil works can provide clear benefits are cross-sector projects to deploy 5G corridors along transport paths, such as road, rail and in-land waterways. These projects can often also require design coordination or co-design based on early cooperation between the project participants. As part of the co-design, the parties concerned may agree in advance on physical infrastructure deployment paths and the technology and equipment to be used, before the coordination of civil works. Therefore, the request for coordination of civil works should be filed as soon as possible.

RemovedArticle 8 – paragraph 4 – introductory part: 4. Member States shall, in cooperation with operators and based on industry best practices adopt the relevant standards or technical specifications that are necessary for the implementation of paragraphs 1, 2 and 3 before [ENTRY INTO FORCE + 9 MONTHS]. Those standards or technical specifications shall set at least: