COUNCIL RESOLUTION of 19 December 1991 on the development of the common market for satellite communications services and equipment (92/C 8/01)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to the Green Paper on the development of the common market for telecommunications services and equipment,

Having regard to the Green Paper on a common approach in the field of satellite communications in the European Community,

Having regard to the opinions of the telecommunications and broadcasting sector, telecommunications and space industry, the trade unions and in particular the users and service providers,

Whereas the Green Paper on the development of the common market for telecommunications services and equipment and its subsequent implementation action plan accord priority to the working out of a common European position regarding the future regulation and development of satellite communications in the Community;

Whereas the Council resolution of 30 June 1988 on the development of the common market for telecommunications services and equipment (1) declares as a policy goal in telecommunications the 'working out of 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 the Member States';

Whereas, subsequently, a number of Directives, recommendations, resolutions and Decisions have been adopted to devise and implement a European telecommunications policy, the principles of which should be extended to the fields of satellite communications;

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 present resolution defines an action plan for the progressive achievement of a competition-oriented Community-wide satellite communications market and the strengthening of European competitiveness in this field;

Whereas the social, regional and trade aspects must be kept carefully in mind during the progressive implementation of such a plan of action, particularly by taking into account the need for transitional periods with respect to liberalization policies in certain Member States, where they are justified by the level of development of their terrestrial networks;

Whereas the industrial aspects must be kept carefully in mind, including the need for an internationally competitive European industry in the field of satellite communications;

Whereas the access to space capacity of separate satellite systems should be left to the providers of that capacity,

WITHOUT PREJUDICE TO FUTURE DECISIONS, CONSIDERS THE FOLLOWING POINTS AS MAJOR GOALS IN SATELLITE TELECOMMUNICATIONS POLICY:

1. harmonization and liberalization for appropriate satellite earth stations, including where applicable the abolition of exclusive or special rights in this area, subject in particular to conditions necessary for compliance with essential requirements;

2. harmonization and liberalization as far as required to facilitate the provision and use of Europe-wide satellite telecommunications services subject, where applicable, to conditions necessary for compliance with essential requirements and special or exclusive rights;

3. separation in all Member States of regulatory and operational functions in the field of satellite communications;

4. improved access to the space segment and access to the space capacity of intergovernmental organizations operating satellite systems and effective and accelerated procedures for the establishment of and access to separate satellite systems;

THEREFORE GIVES ITS SUPPORT:

to the general goals of the Commission's Green Paper on a common approach in the field of satellite communications in the European Community;

NOTES WITH INTEREST THE INTENTION OF THE COMMISSION:

1. to propose, where required, the measures necessary to achieve the goals set out under 1, 2 and 3 above, in particular for the creation of a competitive common market for satellite telecommunications services and equipment and taking account of the different situations of national terrestrial networks and also of the existing international commitments of Member States and the necessity of international cooperation in this field as well as of the external dimension of these measures.

These should include measures on the basis of the appropriate Community procedures:

(a) for the extension of the principles concerning competition in the markets for telecommunications terminal equipment and telecommunications services to aspects of trade and use of the appropriate satellite earth stations before 1 January 1993;

(b) for the approximation of the laws in the Member States concerning appropriate satellite earth stations including the mutual recognition of their conformity in line with the principles already established for telecommunications terminal equipment, before 1 January 1993;

(c) for the establishment of a harmonized regulatory framework for the licensing of satellite networks and satellite services, before 1 January 1993;

(d) for strengthened cooperation with CEPT following the principles of the Council resolution of 28 June 1990 (1) with respect to the frequency aspects of the provision of satellite services in the Community;

(e) to ensure the free circulation and transborder use of mobile and transportable satellite earth stations throughout the Community, before 1 January 1993;

2. to analyse the effects of the abovementioned measures on the European satellite communications industry and to make proposals, as required, with the aim of establishing competitiveness with regard to third countries, in particular in the following areas:

- relations with third countries,

- standards processes,

- research programmes;

3. to report periodically on the progress made with regard to the implementation of the abovementioned measures;

INVITES THE MEMBER STATES to work as quickly as possible towards:

1. the development of effective, non-discriminatory and accelerated procedures for the establishment of separate satellite systems;

2. the improvement and broadening of access to the space segments of intergovernmental organizations operating satellite systems, taking account of the special or exclusive rights for the provision of public telecommunications services and working along the following lines of action:

- active participation of the Member States within the intergovernmental organizations operating satellite systems to work towards that goal,

- the development of effective procedures, e.g. along the line of Signatories Affairs Offices, as an initial step,

- drawing up conditions for fair, non-discriminatory and transparent access to space capacity for earth segment operators.

(1) OJ No C 257, 4. 10. 1988, p. 1.(1) OJ No C 166, 7. 7. 1990, p. 4.