Changes from report parliamentary committee draft to plenary report

Added(38) A number of different permits for deploying elements of electronic communications networks or associated facilities may be necessary in order to protect national and Union general interests. These can include digging, building, town planning, environmental and other permits as well as rights of way. The number of permits and rights of way required for deploying different types of electronic communications networks or associated facilities and the local character of the deployment could involve applying different procedures and conditions, which can cause difficulties in the network deployment. Therefore, to facilitate deployment, all rules on the conditions and procedures applicable to granting permits and rights of way should be streamlined and consistent and, to the extent possible, harmonised at national level , while respecting the legal order of each Member State. In order to reduce the administrative burden and ensure shorter timeframes for the permit-granting procedure, 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 should assign a single coordination body. That body should be tasked to facilitate the coordination between the various competent authorities involved, through different mechanisms, including through joint coordination procedures such as on-site visits, while preserving the right of each competent authority to be involved and maintain its decision-making prerogatives in accordance with the subsidiarity principle. The information on the procedures and general conditions applicable to granting permits for civil works and rights of way should be made available via single information points by each competent authority involved. This could reduce complexity and increase efficiency and transparency for all operators and particularly new entrants and smaller operators not active in that area. Moreover, operators should have the right to submit their requests for permits and rights of way in electronic format via a single information point. Those undertakings should also be able to retrieve information in electronic format about the status of their requests and whether they have been granted or refused.

RemovedArticle 10 – paragraph 2: 2. Member States may interconnect or fully or partially integrate several existent or newly developed digital tools supporting the single information points referred to paragraph 1, as appropriate. To that end, Member States shall carry out an assessment to identify the existing relevant digital tools in order to avoid duplication.

Added(39) Permit-granting procedures should not amount to unjustified barriers to investment or harm the internal market. Member States should therefore ensure that a decision on whether or not to grant permits on the deployment of elements of very high capacity networks or associated facilities is made available within two months after the expiry of the 15 days from the receipt of a ▌permit request or the deadline set by national law, whichever is shorter. Member States should introduce incentives in their national legislation for competent authorities to grant or refuse permits faster than required by law. In exceptional, duly substantiated cases, the competent authority should be able to extend the two month deadline for a further period of up to three months. For that purpose, Member States should set out in advance in a harmonised manner, the criteria and reasons for extensions. This is without prejudice to other specific deadlines or obligations laid down for the proper conduct of the procedure, which are applicable to the permit-granting procedure in accordance with national or Union law. Competent authorities should not restrict, hinder or make the deployment of very high capacity networks or associated facilities economically less attractive. Specifically, they should not prevent procedures for granting permits and rights of way from proceeding in parallel, where possible, or require operators to obtain one type of authorisation before they can apply for other types of authorisations. Competent authorities should justify any refusal to grant permits or rights of way under their competence, based on objective, transparent, non-discriminatory and proportionate conditions. In exceptional, duly substantiated cases, where, for reasons beyond their control, the network operators are not able to perform works within the validity period of the granted permit and in order to avoid a repeated application process for the same work, competent authorities should allow the extension of the validity of those permits upon request. When determining the period of extension, competent authorities should take into account the circumstances of each individual case, the type of works and the time needed for completion of works. The period for extension should not exceed the maximum of the period granted for the initial permit.

RemovedArticle 11 – paragraph 1 – point b a (new): (ba) where agreement on specific terms and conditions, including price, has not been reached within one month from the date of the receipt of the request for access to land, made by an undertaking providing or authorised to provide associated facilities under Article 3(1a);

Added(40) To avoid undue delays, competent authorities should determine the completeness of the permit request within 15 days from its receipt. ▌Unless the competent authority invites the applicant to provide any missing information within that period, the deadline of two months should start. ▌ Competent authorities should be able to request any missing information after the expiry of the 15 days, via the single information point provided that the deadline of two months to decide whether to grant permits on the deployment of elements of very high capacity networks or associated facilities is respected. Where, in addition to permits, rights of way are required for deploying elements of very high capacity networks, competent authorities should, by way of derogation from Article 43 of Directive (EU) 2018/1972, grant such rights of way within two months from the receipt of the request. Other rights of way not needed in conjunction with permits for civil works should continue to be granted within 6 months in accordance with Article 43 of Directive (EU) 2018/1972. Operators that suffer damage due to the delay of a competent authority to grant permits or rights of way within the applicable deadlines should have the right to compensation.

RemovedArticle 11 – paragraph 2 – subparagraph 1 – point a: (a) within three months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);

Added(41) In order to exempt certain elements of very high capacity networks from the requirement for permits set out at Union level and without prejudice to additional exemptions that might be introduced by Member States, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to supplement this Regulation by adopting a list setting out the minimum categories of deployment of elements of very high capacity networks or associated facilities that are not subject to any permit-granting procedure. The exemptions from permit-granting procedure could also cover technical upgrades of existing maintenance works or installations, small scale civil works, such as trenching, and renewal of permits. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

RemovedArticle 11 – paragraph 2 – subparagraph 1 – point b: (b) within one month from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, points (b), (ba), (c) and (d).

Added(42) In order to ensure that the procedures for granting such permits and rights of way are completed within reasonable deadlines, as appears from certain modernising and good administrative practices at national level, it is necessary to draw up principles for administrative simplification. This should include inter alia limiting the obligation of prior authorisation to cases in which it is essential and introducing tacit approval by the competent authorities after a certain period of time has elapsed. Member States in which the principle of administrative tacit approval does not exist in the national legal system should be able to apply the tacit approval or introduce any alternative means to ensure that the competent authorities comply with the deadline for granting or refusing permits. Additionally, Member States should be able to maintain or introduce simplified authorization procedure to prior communication procedures that may exist under national law, applicable to the deployment of any element of very high capacity networks or associated facilitates. Moreover, the categories of deployments exempted from permits under Union law should no longer be subject to permits under national law.

RemovedArticle 11 – paragraph 2 – subparagraph 2: Those deadlines may only be extended in exceptional circumstances by a maximum period of one month.

Added(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 and take into account 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.

RemovedArticle 11 – paragraph 3 a (new): 3a. The single information point shall make available the decisions issued by the national dispute settlement bodies, provided that all necessary measures to ensure confidentiality and protection of business secrets of the parties involved in the dispute are taken.

Added(44) Achieving the targets set out in Decision (EU) 2022/2481 requires that, by 2030, all end users at fixed locations are covered by a gigabit network up to a network termination point and all populated areas are covered by next-generation wireless high-speed networks with at least 5G-equivalent performance, in accordance with the principle of technological neutrality. Providing gigabit networks up to the end user should be facilitated, in particular through fibre-ready in-building physical infrastructure. Providing for mini-ducts during the construction of a building has only a limited incremental cost, while equipping buildings with gigabit infrastructure may represent a significant part of the cost of deploying a gigabit network. Therefore, all new buildings or buildings subject to a major renovation should be equipped with physical infrastructure and in-building fibre wiring, enabling the connection of end users to gigabit speeds. New multi-dwelling buildings and multi-dwelling buildings subject to major renovation should also be equipped with an access point, accessible to one or more undertakings providing or authorised to provide public electronic communications networks. Moreover, building developers should provide for empty ducts from every dwelling to the access point, located in or outside the multi-dwelling building. Major renovations of existing buildings at the end user’s location to enhance energy performance (pursuant to Directive 2010/31/EU of the European Parliament and of the Council) provide an opportunity to also equip those buildings with fibre-ready in-building physical infrastructure, in-building fibre wiring and, for multi-dwelling buildings, an access point.

RemovedThe provision is transposed from the best practices provided in the Connectivity Toolbox.

Added(45) The prospect of equipping a building with fibre-ready in-building physical infrastructure, an access point or in-building fibre wiring may be considered disproportionate in terms of costs, namely for new single dwellings or buildings undergoing major renovation works. This may be based on objective grounds, such as tailor-made cost estimates, economic reasons linked to the location, or urban heritage conservation or environmental reasons (for example, for specific categories of monuments).

RemovedArticle 12 – paragraph 2: 2. The national dispute settlement body shall be politically independent, legally distinct and functionally independent of any network operator and any public sector body owning or controlling physical infrastructure involved in the dispute. Member States that retain ownership or control of network operators shall ensure effective structural separation of the functions related to the national dispute settlement procedures and those of the single information point from activities associated with ownership or control.

Added(46) Prospective buyers and tenants should be able to identify buildings that are equipped with fibre-ready in-building physical infrastructure, an access point and in-building fibre wiring and that therefore have considerable cost-saving potential. The fibre readiness of buildings should also be promoted. Member States should therefore develop a compulsory ‘fibre-ready’ label for buildings equipped with such infrastructure, an access point and in-building fibre wiring in accordance with this Regulation.

RemovedArticle 12 – paragraph 5: 5. The functions of a single information point referred to in Articles 3 to 8 and 10 shall be performed by one or, where applicable more competent bodies appointed by the Member States at national, regional or local level, as appropriate. In order to cover the costs of carrying out those functions, fees may be charged for the use of the single information points.

Added(47) Undertakings providing or authorised to provide public electronic communications networks deploying gigabit networks in a specific area could achieve significant economies of scale if they could terminate their network to the building’s access point by using existing physical infrastructure and restoring the affected area. This should be possible irrespective of whether a subscriber has expressed explicit interest for the service at that moment in time and provided that the impact on private property is minimised, and the right to property is fully respected. Once the network is terminated at the access point, the connection of an additional customer is possible at a significantly lower cost, in particular by means of access to a fibre-ready vertical segment inside the building, where it already exists. That objective is also fulfilled when the building itself is already equipped with a gigabit network to which access is provided to any public communications network provider, which has an active subscriber in the building, under transparent, proportionate and non-discriminatory terms and conditions. That could in particular be the case in Member States that have taken measures under Article 44 of Directive (EU) 2018/1972.

RemovedArticle 16 – paragraph 1 a (new): Measures regarding dispute settlements provided for in Articles 11 and 12 shall apply to dispute settlement proceedings initiated after the entry into force of this Regulation.

Added(48) In order to contribute to ensuring availability of gigabit networks to end users, new buildings and majorly renovated buildings should be equipped with fibre-ready in-building physical infrastructure, in-building fibre wiring and, in the case of multi-dwelling buildings, an access point. Member States should have a degree of flexibility to achieve this. This Regulation, therefore, does not seek to harmonise rules on related costs, including the recovery of costs of equipping buildings with fibre-ready in-building physical infrastructure, in-building fibre wiring and an access point.

RemovedArticle 16 a (new): Article 16a / Amendments to Regulation (EU) 2015/2120 / Regulation (EU) 2015/2120 is amended as follows: / (1) the title is replaced by the following: / ‘Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access, abolishing retail surcharges for regulated intra-Union communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012’; / (2) in Article 1, paragraph 3 is replaced by the following: / ‘This Regulation also abolishes retail surcharges for regulated intra-Union communications to ensure that consumers are not charged excessive prices for making number-based interpersonal communications originating in the Member State of the consumer’s domestic provider and terminating at any fixed or mobile number in another Member State.’; / (3) Article 5a is replaced by the following: / Article 5a / Abolition of retail surcharges for regulated intra-EU communications / 1. Providers of electronic communications to the public shall not apply tariffs to regulated intra-EU communications terminating in another Member State that are higher than the tariffs applicable to services terminating in the same Member State, unless they demonstrate the existence of direct costs that are objectively justified. / 2. By... [DATE OF ENTRY INTO FORCE + 6 MONTHS], BEREC shall provide guidelines setting out the criteria for determining the objectively justified direct costs referred to in paragraph 1. …

Added(49) In line with the subsidiarity principle and to take national circumstances into account, Member States should adopt the standards or technical specifications necessary for the purpose of equipping newly constructed or majorly renovated buildings with fibre-ready in-building physical infrastructure and in-building fibre wiring; and new or majorly renovated multi-dwelling buildings with an access point. Those standards or technical specifications should set out at least: the building access point specifications; fibre interface specifications; cable specifications; socket specifications; specifications for pipes or micro-ducts; technical specifications needed to prevent interference with electrical and fibre cabling, and the minimum bend radius. Member States should make the issuance of building permits conditional on compliance of the relevant new building or major renovation works project requiring a building permit with the standards or technical specifications based on a certified test report. Member States should also set up certification schemes for the purpose of demonstrating compliance with the standards or technical specifications as well as for qualifying for the ‘fibre-ready’ label. Moreover, to avoid an increase in red tape related to the certification scheme set up under this Regulation, Member States should take into account the procedural requirements applied to certification schemes pursuant to Directive 2010/31/EU and also consider the possibility to enable the combined launch of both request procedures.

RemovedTo protect citizens from excessive prices, retail charges for intra-EU calls are currently capped by the EU Regulation (2015/2120). Despite the fact that these caps are set to expire in May 2024, the European Commission did not yet provide a clear way forward. In the assessment report, the European Commission has recognized that at this point in time, it is hard to reassure that the retail prices for intra-EU communications would not increase if the measures that expire on 14 May 2024 were not to be extended. In this context of uncertainty, the rapporteur believes that action should be taken and fees on intra-EU calls should be abolished entirely. This is a significant step that would not only foster intra-EU communications and exchanges, but would also allow us to create a true single market for digital and telecommunication services in the EU. A first step was taken back in 2017, with the abolishment of roaming fees and the rapporteur aims to work further towards eliminating barriers for the intra-EU calls. Since the Gigabit Infrastructure Act may serve as the appropriate legislative vehicle to regulate intra-EU calls before the current provisions expire, the rapporteur suggests including a specific amendment in this regard that reiterate Parliament's position as adopted in report A9-0286/2021 on 15 March 2021.

Added(50) In view of the social benefits stemming from digital inclusion and taking into account the economics of deploying very high capacity networks, where there is neither existing passive or active fibre-ready infrastructure serving end users’ premises nor alternatives to providing very high capacity networks to a subscriber, any public communications network provider should have the right to terminate its network to a private premise at its own cost, provided that the impact on private property is minimised and the right to property is fully respected,, for example, if possible, by reusing the existing physical infrastructure available in the building or ensuring full restoration of the affected areas.

Added(51) Requests for access to the in-building physical infrastructure should fall under the scope of this Regulation, whereas a request for access to fibre wiring is to fall under the scope of Directive (EU) 2018/1972. Moreover, access to in-building physical infrastructure could be refused if access to in-building fibre wiring is made available under fair, reasonable and non-discriminatory terms and conditions, including price.

Added(52) To ensure consistency of approaches, while taking into account the distinct situation across Member States, the Commission, in close cooperation with BEREC, should provide guidance, by the date of application of this Regulation, on the applications of provisions on access to in-building physical infrastructure, including but not only on the terms and conditions thereof. The views of stakeholders and particulary of national dispute settlement bodies should be duly taken into account in the preparation of the guidance to ensure that such guidance would not be disruptive to well established principles, would be in line with national dispute settlement bodies procedural rules and not be harmful for further very high capacity networks roll-out. Considering the level of flexibility that the Member States are granted in the application of these provisions, and in order to be efficient, the Commission guidance should provide an appropriate level of granularity.

Added(53) To foster the modernisation and agility of administrative procedures and reduce the cost of and time spent on the procedures for deploying very high capacity networks, the services of single information points should be performed fully online. To that end, single information points should provide easy access to the necessary digital tools, such as web portals, digital platforms, and digital applications. The tools should give access in an efficient manner to the minimum information on existing physical infrastructure and planned civil works and the possibility to request information. Such digital tools should also give access to the electronic administrative procedures for granting permits and rights of way and related information on the applicable conditions and procedures. Where more than one single information point is set up in a Member State, all single information points should be easily and seamlessly accessible, by electronic means, via a single national digital entry point. This entry point should have a common user interface ensuring access to the online single information points. The single national digital entry point should facilitate interaction between operators and competent authorities performing the functions of the single information points.

Added(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(55) To ensure the effectiveness of the single information points provided for under this Regulation, Member States should ensure adequate resources as well as readily available relevant information on a specific geographical area. The information should be presented with the right level of detail to maximise efficiency in view of the tasks assigned, including at the local cadastre. In that regard, Member States could consider the possible synergies and economies of scale with the points of single contact within the meaning of Article 6 of Directive 2006/123/EC of the European Parliament and of the Council and other planned or existing e-government solutions with a view to building on existing structures and maximising the benefits for users. Similarly, the Single Digital Gateway provided for in Regulation (EU) 2018/1724 of the European Parliament and of the Council should link to the single information points.

Added(56) The costs for setting-up the single national digital entry point, the single information points and the digital tools needed to comply with the provisions of this Regulation could be fully or partly eligible for financial support under Union funds, such as the European Regional Development Fund - specific objective: a more competitive and smarter Europe by promoting innovative and smart economic transformation and regional ICT; the Digital Europe Programme - specific objective: deployment and best use of digital capacities and interoperability and the Recovery and Resilience Facility - pillars on digital transformation and on smart, sustainable and inclusive growth, including economic cohesion, jobs, productivity, competitiveness, research, development and innovation, and a well-functioning internal market with strong SMEs, provided they comply with the objectives and eligibility criteria therein.

Added(57) In the event of a disagreement on technical and commercial terms and conditions during commercial negotiations on access to physical infrastructure or coordination of civil works, each party should be able to call on a national dispute settlement body to impose a solution on the parties to avoid unjustified refusals to meet the request or the imposition of unreasonable conditions. When determining prices for granting access to or cost-sharing for coordinated civil works, the dispute settlement body should ensure that the access provider and network operators planning civil works have a fair opportunity to recover their costs incurred in providing access to their physical infrastructure or coordinating their planned civil works. This should take into account the appropriate Commission guidance, any specific national conditions, any tariff structures put in place and any previous imposition of remedies by a national regulatory authority. The dispute settlement body should also take into account the impact of the requested access or coordination of planned civil works on the business plan of the access provider or network operators planning civil works, including their investments made or planned, in particular investments in the physical infrastructure to which the request refers.

Added(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. 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. In exceptional, duly substantiated cases, it should be possible to extend those deadlines by a maximum period of one month.

Added(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, while respecting the principles of confidentiality and business secrets.

Added(60) In accordance with the principle of subsidiarity, this Regulation should be without prejudice to the possibility of Member States to allocate regulatory tasks to the authorities best suited to fulfil them in accordance with the national constitutional system of attribution of competences and powers and the requirements set out in this Regulation. To reduce the administrative burden, Member States should be allowed to appoint an existing body or maintain the competent bodies already appointed pursuant to Directive (EU) 2014/61/EU. Information on the tasks allocated to the competent body or bodies should be published via a single information point and notified to the Commission, unless already done pursuant to Directive (EU) 2014/61/EU. The discretion that Member States retain to allocate the functions of the single information point to more than one competent body should not affect their ability to effectively fulfil those functions.

Added(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(62) Member States should provide for appropriate, effective, proportionate and dissuasive penalties in the event of non-compliance with this Regulation or with a binding decision adopted by the competent bodies, including cases where a network operator or public sector body knowingly or grossly and negligently provides misleading, erroneous or incomplete information via a single information point.

Added(63) Since the objectives of this Regulation aiming at facilitating the deployment of physical infrastructures suitable for very high capacity networks across the Union cannot be sufficiently achieved by the Member States because of persistent divergent approaches as well as the slow and ineffective transposition of Directive 2014/61/EU but can rather, by reason of the scale of the network deployments and investment required, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Added(64) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular this Regulation seeks to ensure full respect for the right to private life and the protection of business secrets, the freedom to conduct business, the right to property and the right to an effective remedy. This Regulation has to be applied in accordance with those rights and principles.

Added(65) This Regulation includes provisions covering all the substance areas covered by Directive 2014/61/EU, which should therefore be repealed.

Added(66) A period of six months between the dates of entry into force and the application of this Regulation aims to give sufficient time to Member States to ensure their national legislation does not contain any obstacles to the uniform and effective application of this Regulation. The period of 6 months is without prejudice to the specific rules in this Regulation on the delayed application of specific provisions as specified therein. Member States are to withdraw national provisions overlapping with this Regulation or contradicting it by the time it starts to apply. As regards adopting new legislation during this period, it follows from Article 4(3) TEU that Member States have a duty of sincere cooperation not to take action that would conflict with prospective Union legal rules,

AddedHAVE ADOPTED THIS REGULATION:

Added1. This Regulation aims to facilitate and stimulate the roll-out of very high capacity networks by promoting the joint use of existing physical infrastructure and by enabling a more efficient deployment of new physical infrastructure so that such networks can be rolled out faster and at a lower cost.

Added2. If any provision of this Regulation conflicts with a provision of Directive (EU) 2018/1972, ▌Directive 2002/77/EC or Directive (EU) 2022/2555, the relevant provision of those Directives shall prevail.

Added3. Member States may maintain or introduce measures in conformity with Union law which contain more detailed provisions, which complement or go beyond the rights and obligations than those set out in this Regulation where they serve to promote the joint use of existing physical infrastructure or enable a more efficient deployment of new physical infrastructure.

Added4. By way of derogation from paragraph 3 of this Article, 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), second sub-paragraph and (4), Article 6(2), Article 7(1), and Article 8(7) and (8).

AddedFor the purposes of this Regulation, the definitions in Directive (EU) 2018/1972 apply.

AddedThe following definitions also apply:

Added(1) ‘network operator’ means:

Added(a) an operator as defined in Article 2, point (29), of Directive (EU) 2018/1972;

Added(b) an undertaking providing a physical infrastructure intended to provide:

Added(i) a service of production, transport or distribution of:

Added- gas;

Added- electricity, including public lighting;

Added- heating;

Added- water, including disposal or treatment of wastewater and sewage, and drainage systems;

Added(ii) transport services, including railways, roads, tunnels, ports and airports;

Added(1a) ‘very high capacity network’ means a very high capacity network as defined in Article 2, point (2), of Directive (EU) 2018/1972;

Added(2) ‘physical infrastructure’ means:

Added(a) any element of a network that is intended to host other elements of a network without becoming an active element of the network itself, such as pipes, masts, ducts, inspection chambers, manholes, cabinets, antenna installations, towers and poles, as well as buildings or entries to buildings, including rooftops, parts of the facade and any other asset including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations;