Changes from report parliamentary committee draft to plenary report

Added(a) in the case of physical infrastructure that is not technically suitable for the deployment of very high capacity networks or associated facilities’; or

Added(b) in specific cases where the obligation to provide information about certain existing physical infrastructure pursuant to paragraph 1, first subparagraph, would be disproportionate, on the basis of a detailed cost-benefit analysis conducted by Member States and ▌a consultation with stakeholders.

AddedAny such exceptional categories shall be published via a single information point and notified to the Commission.

Added5. Operators that obtain access to information pursuant to this Article shall take appropriate measures to ensure respect for confidentiality and operating and business secrets. To that end, they shall undertake in writing to keep the information confidential and to use it only for the purpose of deploying their networks.

Added1. Any network operator shall have the right to negotiate agreements on the coordination of civil works, including on the apportioning of costs, with operators with a view to deploying elements of very high capacity networks or associated facilities.

Added2. Any network operator or public sector body shall when performing or planning to perform directly or indirectly civil works, which are fully or partially financed by public means, ▌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.

AddedSuch requests shall be met provided that the following cumulative conditions are met:

Added(a) this will not entail any unrecoverable additional costs, including those caused by additional delays, for the network operator that initially envisaged the civil works in question, without prejudice to the possibility of agreeing on apportioning the costs between the parties concerned;

Added(b) the network operator initially envisaging the civil works remains in control over the coordination of the works;

Added(c) the request to coordinate is filed as soon as possible and, when a permit is necessary, at least 2 months before the submission of the final project to the competent authorities for granting permits.

Added3. A request to coordinate civil works made by an undertaking that provides or that is authorised to provide public electronic communications networks to an undertaking that provides or is authorised to provide public electronic communications networks may be deemed to be unreasonable where both of following conditions are met:

Added(a) the request concerns an area which has been subject to either of the following:

Added(i) a forecast of the reach of broadband networks, including very high capacity networks pursuant to Article 22(1) of Directive (EU) 2018/1972;

Added(ii) an invitation to declare the intention to deploy very high capacity networks pursuant to Article 22(3) of Directive (EU) 2018/1972;

Added(iii) a public consultation in applying Union State aid rules;

Added(b) the requesting undertaking failed to express its intention to deploy very high capacity networks in the area referred to in point (a) in any of the most recent procedures among those listed in that point covering the period during which the request for coordination is made.

AddedA request to coordinate civil works made by an undertaking that provides or is authorised to provide public electronic communications networks to an undertaking owned or controlled by public sector bodies and providing or authorised to provide public electronic communications networks may be deemed to be unreasonable where the civil works contribute to the deployment of an open access, non-discriminatory, very high capacity access network that meets the criteria set out in Article 3(3), point (fa).

AddedIf a request to coordinate is considered unreasonable on the basis of the first subparagraph, operators totally or partially publicly financed that provide or are authorised to provide public electronic communications networks that refuse the coordination of civil works shall deploy physical infrastructure with sufficient capacity to accommodate possible future reasonable needs for third-party access.

Added4. Paragraphs 2 and 3 need not apply to civil works that are limited in scope, such as in terms of value, size or duration, or for critical national infrastructure. Member States shall identify the type of civil works considered to be limited in scope or related to critical national infrastructure on the basis of duly substantiated and proportionate reasons. Information on such types of civil works shall be published via a single information point and notified to the Commission.

Added5. After having consulted stakeholders, the national dispute settlement bodies and other competent Union bodies or agencies in the relevant sectors as appropriate, and after having taken into account well-established principles and the specific situations of each Member State, the Commission may, in close cooperation with BEREC, provide guidance on the application of this Article.

Added1. In order to negotiate agreements on coordination of civil works referred to in Article 5, any network operator shall make available in electronic format via a single information point the following minimum information:

Added(a) the georeferenced location and the type of works;

Added(b) the network elements involved;

Added(c) the estimated date for starting the works and their duration;

Added(d) the estimated date for submitting the final project to the competent authorities for granting permits, where applicable;

Added(e) a contact point.

AddedThe network operator shall make available in advance the information referred to in the first subparagraph for planned civil works related to its physical infrastructure. This must be done as soon as the information is available to the network operator and, in any event and where a permit is envisaged, not later than 3 months prior to the first submission of the request for a permit to the competent authorities.

AddedOperators shall have the right to access the minimum information referred to in the first subparagraph in electronic format, upon reasoned request, via the single information point. The request for access to information shall specify the area in which the requesting operator envisages deploying elements of very high capacity networks or associated facilities. Within 1 week of the date of the receipt of the request for information, the requested information shall be made available under proportionate, non-discriminatory and transparent terms. Access to the minimum information may be limited only to the extent necessary to ensure the security of the networks and their integrity, national security, the security of critical infrastructure, public health or safety, confidentiality or operating and business secrets.

Added2. Paragraph 1 need not apply to information on civil works limited in scope, such as in terms of value, size or duration, in the case of critical national infrastructure, or for reasons of national security or emergency. Member States shall identify, on the basis of duly substantiated and proportionate reasons, the civil works that would be considered limited in scope or concern critical national infrastructure, as well as the emergencies or the reasons of national security that would justify not being subject to the obligation to provide information. Information on such civil works excluded from transparency obligations shall be published via a single information point and notified to the Commission.

Added1. Competent authorities shall not unduly restrict, hinder or make economically less attractive the deployment of any element of very high capacity networks or associated facilities. Member States shall ensure that any rules governing the conditions and procedures applicable for granting permits, including rights of way, required for the deployment of elements of very high capacity networks or associated facilities are consistent and, where applicable, harmonised across the national territory.

Added2. Competent authorities shall make available all information on the conditions and procedures applicable for granting permits, including rights of way, including any information on exemptions on some or all permits or rights of way required under national or Union law and ways to submit applications in electronic format and retrieve information on the status of the application, via a single information point in electronic format.

Added3. Any operator shall have the right to submit, via a single information point in electronic format, applications for all necessary permits or rights of way and to retrieve information about the status of its application.

Added4. The competent authorities shall, within 15 working days of the date of receipt, reject applications for permits, including for rights of way, for which the minimum information has not been made available via a single information point, pursuant to Article 6(1) first subparagraph, by the same operator which applies for that permit.

Added5. The competent authorities shall grant or refuse permits, other than rights of way, within two months of expiry of the deadline set out in the second subparagraph or within the deadline set by national law, whichever is shorter.

AddedThe competent authorities shall determine the completeness of the application for permits or rights of way within 15 days of receipt of application. If the competent authorities do not invite the applicant to provide any missing information within that period, the two-month deadline set out in the first subparagraph shall start on the fifteenth day after receipt of the application.

AddedThe first and second subparagraphs shall be without prejudice to other specific deadlines or obligations laid down for the proper conduct of the procedure that are applicable to the permit-granting procedure, including appeal proceedings, in accordance with Union law or national law in compliance with Union law and without prejudice to rules that grant the applicant additional rights or aim to ensure the fastest possible granting of permits.

AddedIn exceptional and duly substantiated cases and for reasons falling within one of those set out in advance by the Member State, the two month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority by a period no 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.

AddedAny refusal of a permit or right of way shall be duly substantiated on the basis of objective, transparent, non-discriminatory and proportionate criteria.

Added6. 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 or refuse such rights of way within the two month period or deadline set by national law, whichever is shorter, from the date of receipt of the application.

Added7. In the absence of a response from the competent authority within the two 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, except where the principle of administrative tacit approval does not exist in the national legal system. This shall also apply in the case of rights of way referred to in paragraph 6. Upon request, the operator or any legal person with status of a party to the administrative procedure, shall be entitled to receive written confirmation that the permit has been granted.

AddedThis Article shall be without prejudice to the possibility of Member States to introduce further incentives for competent authorities to speed up the permit granting procedure.

Added7a. Competent authorities shall renew the permit granted to an operator for civil works necessary for the deployment of elements of very high capacity networks or associated facilities only in cases where for objectively justified reasons, the civil works could not start or be concluded before the expiration of the validity of the permit. The permit shall be renewed upon request from the operator made via the single information point without requirement for additional procedures. Competent authorities shall renew the permit for a period which shall not exceed the period of validity of the original permit.

Added7b. Civil works which consist in mere repair and maintenance works or upgrades of existing installations, shall not be subject to any permit granting procedure provided that they require only a minor intervention compared to the initial civil works for which the permit was granted. The delegated acts referred to in paragraph 8 shall specify the categories of deployment that are not subject to a permit granting procedure for the purpose of this paragraph.

Added8. By... [6 months after the date of entry into force of this Regulation], the Commission shall after consulting relevant stakeholders, adopt delegated acts in accrodance with Article 13, supplementing this Regulation by specifying 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 exempt other categories of deployment of elements of very high capacity networks or associated facilities from permit-granting.

Added9. 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 also 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, of a special status protected in accordance with national law, regional or local regulations or where necessary for public health and safety reasons or for reasons of national security.

Added10. Permits, other than rights of way, required for the deployment of elements of very high capacity networks or associated facilities shall not be subject to any fees or charges going beyond administrative costs as provided for, mutatis mutandis, in Article 16 of Directive (EU) 2018/1972.

Added11. Any operator that has suffered damage as a result of non-compliance with the deadlines applicable under paragraphs 5 and 6 shall receive compensation for the damage suffered, in accordance with national law.

Added11a. The Commission shall monitor the implementation of this Article in the Member States. To that end Member States shall report annually to the Commission the status of their implementation and on whether the conditions listed therein have been met.

Added11b. The procedure established in this Article shall apply without prejudice to Article 57 of the Directive (EU) 2018/1972.

Added11c. Member States shall designate a single body responsible to coordinate the procedures related to granting permits.

Added1. All buildings at the end user’s location, including elements under joint ownership, newly constructed or undergoing major renovation works, for which applications for building permits have been submitted after [ENTRY INTO FORCE + 12 MONTHS], shall be equipped with a fibre-ready in-building physical infrastructure up to the network termination points as well as with in-building fibre wiring.

Added2. All multi-dwelling buildings newly constructed or undergoing major renovation works, for which applications for building permits have been submitted after [ENTRY INTO FORCE + 12 MONTHS], shall be equipped with an access point.

Added3. By [ENTRY INTO FORCE + 12 MONTHS], all buildings at the end-users’ location, including elements thereof under joint ownership, undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall be equipped with a fibre-ready in-building physical infrastructure, up to the network termination points, as well as with in-building fibre wiring. All multi-dwelling buildings undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall also be equipped with an access point.

Added4. Member States shall, in cooperation with operators and on the basis of 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 easily allow ordinary maintenance activities for the individual fibre wirings used by each operator to provide very high capacity network services and shall set at least:

Added(a) the building access point specifications and fibre interface specifications;

Added(b) cable specifications;

Added(c) socket specifications;

Added(d) specifications of pipes or micro-ducts;

Added(e) technical specifications needed to prevent interference with electrical cabling;

Added(f) the minimum bend radius.