# CE2004084EN.01093401.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/934 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/934

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(2004/C 84 E/1032)

WRITTEN QUESTION P-1041/04

by W.G. van Velzen (PPE-DE) to the Commission

(29 March 2004)

Subject:   Number portability in connection with mobile telephony

Subject:

| 1. | Can the Commission give details of the EU Member States and accession countries in which number portability in connection with mobile telephony had not been introduced by 1 March 2004? |
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1.

Can the Commission give details of the EU Member States and accession countries in which number portability in connection with mobile telephony had not been introduced by 1 March 2004?

| 2. | Can the Commission give details of the extent to which telecommunications operators in the Member States impose conditions on customers who wish to change operators but keep their numbers, such as long waiting periods and the charging of costs? |
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2.

Can the Commission give details of the extent to which telecommunications operators in the Member States impose conditions on customers who wish to change operators but keep their numbers, such as long waiting periods and the charging of costs?

| 3. | Number portability was supposed to have been introduced in the Member States by mid-2002. What measures does the Commission plan to take against those Member States which have failed to meet this deadline with a view to forcing them to implement number portability in the near future? |
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3.

Number portability was supposed to have been introduced in the Member States by mid-2002. What measures does the Commission plan to take against those Member States which have failed to meet this deadline with a view to forcing them to implement number portability in the near future?

| 4. | From the point of view of the functioning of the market, how does the Commission assess the conditions imposed on customers, such as long waiting periods, the charging of costs, etc.? |
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4.

From the point of view of the functioning of the market, how does the Commission assess the conditions imposed on customers, such as long waiting periods, the charging of costs, etc.?

| 5. | Does the Commission share my view that such conditions must be kept to a minimum in order to ensure that a genuine market can operate? |
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5.

Does the Commission share my view that such conditions must be kept to a minimum in order to ensure that a genuine market can operate?

Answer given by Mr Liikanen on behalf of the Commission

(30 April 2004)

(30 April 2004)

| 1. | Directive 2002/22/EC (Universal Service Directive) mandates mobile number portability in its Article 30. This Directive has been applicable since 25 July 2003.
  As of 1 March 2004, mobile number portability has been implemented in all Member States except Austria.
  As far as Accession Countries are concerned, information available to the Commission shows that mobile number portability is included in the draft national legislations transposing the Community framework on electronic communications. In practice however, it will be available some time after the accession date on 1 May 2004, except in Lithuania and Hungary, where it should already be implemented. |
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1.

Directive 2002/22/EC (Universal Service Directive) mandates mobile number portability in its Article 30. This Directive has been applicable since 25 July 2003.

As of 1 March 2004, mobile number portability has been implemented in all Member States except Austria.

As far as Accession Countries are concerned, information available to the Commission shows that mobile number portability is included in the draft national legislations transposing the Community framework on electronic communications. In practice however, it will be available some time after the accession date on 1 May 2004, except in Lithuania and Hungary, where it should already be implemented.

| 2. | The Universal Service Directive states that national regulatory authorities (NRAs) should ensure that direct charges to subscribers should not act as a disincentive towards number portability. In the 9th Implementation Report, published in December 2003 (1) the Commission had noted that the success of number portability seemed to be linked to the charge imposed by the operator for porting the number. As of 1 August 2003, 6 million mobile numbers had been ported. The Commission is not aware of specific problems in the Member States in relation to mobile number portability, except in Austria, as mentioned above. |
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2.

The Universal Service Directive states that national regulatory authorities (NRAs) should ensure that direct charges to subscribers should not act as a disincentive towards number portability. In the 9th Implementation Report, published in December 2003 (1) the Commission had noted that the success of number portability seemed to be linked to the charge imposed by the operator for porting the number. As of 1 August 2003, 6 million mobile numbers had been ported. The Commission is not aware of specific problems in the Member States in relation to mobile number portability, except in Austria, as mentioned above.

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| 3. | The Commission is currently considering the appropriate action to be taken against Austria. |
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3.

The Commission is currently considering the appropriate action to be taken against Austria.

| 4. | The Commission is, as mentioned, not aware of specific problems in Member States. NRAs in the Member States have defined the conditions to be applied for mobile number portability, when the operators were not able to reach an agreement. |
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4.

The Commission is, as mentioned, not aware of specific problems in Member States. NRAs in the Member States have defined the conditions to be applied for mobile number portability, when the operators were not able to reach an agreement.

| 5. | The Commission believes constraints on consumers should be kept to a minimum in order to increase competition. |
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5.

The Commission believes constraints on consumers should be kept to a minimum in order to increase competition.

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(1)  COM 2003(715) final.

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