COUNCIL RESOLUTION of 30 June 1988 on the development of the common market for telecommunications services and equipment up to 1992 (88/C 257/01)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, Having regard to the Single European Act, Having regard to the green paper on the development of the common market for telecommunications services and equipment published on 30 June 1987 and the communication on the implementation of the green paper up to 1992 dated 9 February 1988, Having regard to the opinions delivered by the Economic and Social Committee (1), Having regard to the draft from the Commission, Whereas the strengthening of European telecommunications has become one of the major conditions for achieving the internal market for goods and services in 1992;

Whereas, as set out in the green paper, the current wave of technical innovation resulting from the convergence of telecommunications and computer technology has led to reviews in all Member States, and at world level, of the future organization of the telecommunications sector and its necessary regulatory adjustment;

Whereas the administrations or private operating agencies recognized in the Community and providing public telecommunications services are hereinafter referred to as the 'telecommunications administrations';

Whereas the creation of an open common market in telecommunications services and equipment is compatible with continued exclusive provision or special rights of telecommunications administrations as regards the supply and the operation of the network infrastructure and the provision of a limited number of basic services where such exclusive provision is deemed essential, at this stage, for safeguarding the public service role;

Whereas the arguments in favour of continued exclusive provision or special rights, where they exist, must be weighed carefully against the obligations of the telecommunications administrations which will be retained but also against the restrictions which this may impose on those connected to the network concerning present and future application for their own use, shared use or provision to third parties;

whereas this should take account of the fact that the development of trade must not be affected to such an extent as would run counter to the interests of the Community;

Whereas the substantial progress made with the Community's 1984 action programme for implementing a common telecommunications policy has laid a solid foundation for the implementation of a common approach in telecommunications;

Whereas the social, regional, industrial and trade aspects must be kept carefully in mind during the progressive implementation of such an approach;

Whereas the Community must adopt measures with the aim of progressively establishing the internal market, over a period expiring on 31 December 1992;

whereas, to this end, the communication of 9 February 1988 defined an action plan for the progressive achievement of a competition-oriented Community-wide telecommunications market and the strengthening of European competitiveness;

Whereas the overriding objective must be to develop the conditions for the market to provide European users with a greater variety of telecommunications services, of better quality and at lower cost, affording Europe the full internal and external benefits of a strong telecommunications sector and the development in the Community of a strong telecommunications infrastructure, industry and efficient services,

CONSIDERS THE FOLLOWING POINTS AS MAJOR POLICY GOALS IN THE TELECOMMUNICATIONS POLICY:

1. creating or ensuring Community-wide network integrity as one of the essential elements for a common market in telecommunications services and equipment, working on the principle of full interconnectivity between all public networks concerned in the Community;

2. creating progressively an open, common market for telecommunications services, particularly for value-added services.

Due account must be taken of the competition rules of the Treaty.

Rapid definition, by Council directives, of technical conditions, usage conditions and tariff principles for Open Network Provision, starting with harmonized conditions for the use of leased lines, is of crucial importance and closely linked with the creation of an open common market for non-reserved telecommunications services;

3. promoting the creation of Europe-wide services according to market requirements and appropriate social needs, to enable European users to benefit from a wider range of better and cheaper telecommunication services, so that Europe can reap the internal and external benefits of a strong telecommunications sector.

In addition to appropriate measures in the area of standardization, this approach should include definition of common tariff principles and the encouragement of cooperation between network operators and others, as far as compatible with Community competition rules;

one of the aims in this should include definition of efficient pricing principles throughout the Community while ensuring general service for all;

4. developing further an open, Community-wide market for terminal equipment;

for this purpose, reaching agreement quickly on full mutual recognition of type-approval for terminal equipment, on the basis of the rapid development of common European conformity specifications;

5. developing a common market on which telecommunications administrations and other suppliers can compete on an equal footing;

to this end, the following are particularly appropriate:

- clear separation of regulatory and operational duties, with due regard for the situation in each individual Member State;

- application of the relevant rules of the Treaty, notably competition rules, to telecommunications administrations and private providers;

- the creation of a transparent fiscal environment;

- achievement of full opening of the markets for telecommunications supplies and works as part of the completion of the internal market;

6. continuing Community measures regarding common standards in the telecommunications sector.

The establishment of the European Telecommunications Standards Institute (ETSI) is warmly welcomed in this context.

However, further efforts are needed to ensure conformity with the general principles of Community standardization policy, taking into account the achievements of European cooperation in the field of telecommunications and the special characteristics of the telecommunications sector;

7. stimulating European co-operation at all levels, as far as compatible with Community competition rules, and particularly in the field of research and development, in order to secure a strong European presence on the telecommunications markets and to ensure the full participation of all Member States;

8. creating a social environment for the future development of telecommunications, in line with the Community's overall aim of improving the economic and social situation by extending common policies.

Sustaining the dialogue between the social partners and undertaking in-depth analysis is particularly important in this context, to secure the conditions for developing social consensus concerning the transformation of working conditions and lifestyles resulting from the new telecommunications technologies.

In addition, given the changing requirements, steps must be taken to see that workers have the right skills, to protect personal data and to provide for the individual's access, through the communications media, to an environment significantly richer in information than before;

9. integrating the less-favoured areas of the Community fully into the emerging Community- wide market making full use of existing funds.

This is one of the aims of the STAR programme, which is designed to provide these areas with high technology telecommunication networks and equipment as well as developing the endogenous potential, especially in the field of services linked to this sector, thus making the best use of the growth potential of telecommunications.

This should include examination, in particular taking into account the experience of the STAR programme, and within the context of overall Community priorities, of the case for further extension of funds available for this purpose, with a view to narrowing the gap in economic development which still separates the less-favoured areas from the more prosperous areas of the Community;

10. working out a common position on satellite communications, so that this new information medium can develop in a favourable environment, taking account of the general rules of operation and exploitation of the network environment, as well as the competition rules of the Treaty and existing international commitments of Member States;

11. fully taking into account the external aspects of Community measures on telecommunication, and working out, as appropriate, common positions on international telecommunication problems.

There should be prior Community co-ordination, according to procedures agreed, for the purpose of defining not only key negotiating positions of concern to the Community in the international organizations dealing with telecommunications, in particular the various conferences of the International Telecommunication Union, but also a common position on those aspects of the Uruguay Round which cover telecommunications,

NOTES WITH SATISFACTION:

that substantial progress has been made with the Community's 1984 action programme approved at the Council's meeting of 17 December 1984 for implementing a common telecommunications policy, and applying Community law with the aim of creating a Community-wide market, particularly in the following areas:

- establishment of standards, and steps towards the mutual recognition of type-approval for terminal equipment;

- development of advanced telecommunications technologies, with the launching of the RACE programme;

- access to modern telecommunications for the less-favoured areas of the Community, with the launching of the STAR programme;

- coordination of technical plans and strategies for the introduction of new services, in particular the Integrated Services Digital Network (ISDN), and pan-European digital public mobile communications;

GIVES ITS GENERAL SUPPORT:

to the objectives of the action programme set out in the communication of 9 February 1988, which relates to the opening of the common telecommunications market to competition up to 1992, having regard also to Articles 8A and 8C of the Treaty, introduced by the Single European Act, and to the strengthening of European competitiveness, while safeguarding the public service goals of telecommunications administrations.

In this context and in the spirit of the conclusions of the Council of 17 December 1984, under which it was established, importance is accorded to the role played by the Senior Officials Group on Telecommunications (SOG-T);

INVITES THE COMMISSION:

to propose, where required, the measures necessary for pursuing the achievement of these goals, to be taken in priority areas on the basis of the appropriate Community procedures, in particular for the creation of the common market for telecommunications services and equipment and taking appropriate account also of the external dimension of these measures;

INTENDS:

to meet henceforth periodically on telecommunications issues, in order to pursue, together with the European Parliament, the Commission and the Economic and Social Committee, the rapid completion of the internal market for telecommunications services and equipment up to 1992, according to the goals set out and bearing in mind Article 8A of the Treaty and any adjustments and derogations which may be agreed upon on the basis of Article 8C of the Treaty.

(1) OJ No C 356, 31. 12. 1987, p. 46 and OJ No C 175, 4. 7. 1988, p. 36.