A4-0179/96

Proposal for a European Parliament and Council Decision on an action at a Union level in the field of satellite personal communications services in the European Union (COM(95)0529 - C4-0517/95 - 95/0274(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Proposal for a European Parliament and Council Decision on an action at a Union level in the field of satellite personal communications services in the European Union

>Text following EP vote>

Proposal for a European Parliament and Council Decision on a common framework for the harmonized development of satellite personal communications services in the European Union

(Amendment 2)

Recital 1, second paragraph

>Original text>

Whereas on 19 May 1995, the European Parliament adopted a resolution on mobile and personal communications in the European Union in which it considers as a priority objective to establish, before 1 January 1996, a harmonized authorization approach for satellite based mobile and personal communications and, on that basis, the implementation of procedures for the provision of licences of those systems at an early stage; whereas this approach must be implemented by 1 January 1996 in order to take account of the rapid development of these services at a global level and their social and commercial potential;

>Text following EP vote>

Whereas on 19 May 1995, the European Parliament adopted a resolution on mobile and personal communications in the European Union in which it considers as a priority objective to establish, before 1 January 1996, a harmonized authorization approach for satellite based mobile and personal communications and, on that basis, the implementation of procedures for the provision of licences of those systems at an early stage; whereas this approach must be implemented early enough to take account of the rapid development of these services at a global level and their social and commercial potential;

(Amendment 3)

Recital 1, third paragraph

>Original text>

Whereas on 29 June 1995 the Council adopted a resolution on the further development of mobile and personal communications in the European Union in which it considers as a priority objective to ensure, prior to 1 June 1996, the definition of a harmonized authorization approach for satellite based mobile and personal communications, after study by Ectra;

>Text following EP vote>

Whereas on 29 June 1995 the Council adopted a resolution on the further development of mobile and personal communications in the European Union in which it considers as a priority objective to ensure the sufficiently early definition of a harmonized authorization approach for satellite based mobile and personal communications, after study by Ectra;

(Amendment 4)

Recital 4

>Original text>

4. Whereas, since satellite personal communications by nature addresses foremost the needs of mobile users travelling between Member States and outside the Union, diverging national legislations, regulations, and administrative measures would hinder or even prevent the provision of Union-wide satellite personal communications services, the free movement of related equipment and, as a consequence, the successful introduction of satellite PCS on the internal market;

>Text following EP vote>

4. Whereas, since satellite personal communications by nature addresses foremost the needs of mobile users travelling between Member States but especially outside the Union, diverging national legislations, regulations, and administrative measures would hinder or even prevent the provision of Union- wide satellite personal communications services, the free movement of related equipment and, as a consequence, the successful introduction of satellite PCS on the internal market;

(Amendment 5)

Recital 6

>Original text>

6. Whereas the European Parliament and the Council are examining measures on authorizations and individual licences in the field of telecommunications in the Union; whereas, given the urgency of the matter and in the absence of adoption and implementation of such Union authorization measures, the area of satellite personal communications services therefore requires an action at a Union level, as specified in this Decision; whereas the action shall be of limited duration;

>Text following EP vote>

6. Whereas the European Parliament and the Council are examining measures on authorizations and individual licences in the field of telecommunications in the Union; whereas, given the urgency of the matter and in the absence of adoption and implementation of such Union authorization measures, the area of satellite personal communications services therefore requires an action at a Union level, as specified in this Decision; whereas the action shall be urgent but of limited duration;

(Amendment 6)

Recital 7

>Original text>

7. Whereas, given the foreseen implementation time schedule for satellite personal communications systems, the action aims to ensure that, within its limited duration, appropriate regulatory and policy measures are taken in the Union on the selection and authorization of satellite personal communications, taking due account of the international dimension and its ensuing requirements;

>Text following EP vote>

7. Whereas, given the foreseen implementation time schedule for satellite personal communications systems, the action aims to ensure that, within its limited duration, appropriate regulatory and policy measures are taken in the Union on the establishment of a common framework for the authorization of satellite personal communications, taking due account of the international dimension and its ensuing requirements;

(Amendment 7)

Recital 8

>Original text>

8. Whereas, in view of limited availability of the frequency resources, categories of satellite personal communications services shall be determined for which a comparative bidding process is required to come to a selection of satellite systems; whereas a single Union-level selection process shall avoid incompatible national decisions on the selection of satellite systems; whereas the procedures by means of which the comparative bidding process will be undertaken will have to be determined in detail;

>Text following EP vote>

8. Whereas, in view of limited availability of the frequency resources, categories of satellite personal communications services shall be determined for which a comparative bidding process is required to come to a satellite system authorization procedure; whereas a Union-level authorization procedure based on the 'one-stop shopping' criterion would avoid incompatible national decisions on satellite systems; whereas the procedures by means of which the comparative bidding process will be undertaken will have to be determined in detail;

(Amendment 8)

Recital 11a (new)

>Text following EP vote>

11a. Whereas it is necessary to make a distinction within the global telecommunications satellite services between the non-geostationary, mobile telephony systems which operate in the frequencies assigned to mobile services and the wide band, multimedia services which offer voice, data, video and hi-fi services mainly to fixed users and operate in the much higher Ka frequency band (20-30 GHz);

(Amendment 9)

Article 1

>Original text>

This Decision shall apply to the introduction of satellite personal communications services in the Union by means of coordinated action at a Union level between the national regulatory authorities for telecommunications.

>Text following EP vote>

The purpose of this Decision is to promote the harmonized introduction of satellite personal communications services in the Union by means of coordinated action at a Union level between the national regulatory authorities for telecommunications.

>Original text>

This action is limited to a period of three years from the date of publication of this Decision in the Official Journal of the European Communities. The Commission shall keep developments in the satellite personal communications area under review, report on the effectiveness of action taken under this Decision after two years and, if required, propose a prolongation of action in this area to the European Parliament and the Council.

>Text following EP vote>

This action is limited to a period of three years from the date of publication of this Decision in the Official Journal of the European Communities. The Commission shall keep developments in the satellite personal communications area under review, report on the effectiveness of action taken under this Decision after two years and, if required, propose a prolongation or extension of action in this area to the European Parliament and the Council.

(Amendment 10)

Article 2(i), (ii), (iii) and (iv)

>Original text>

(i) the selection of satellite PCS space segment operators;

>Text following EP vote>

Deleted

>Original text>

(ii) the adoption of common conditions to be attached to authorizations for satellite PCS space segment operators;

>Text following EP vote>

(ii) the adoption of common conditions to be attached to national authorizations for satellite PCS space segment operators;

>Original text>

(iii) harmonization of conditions for authorizations, established in accordance with the provisions of Directive 94/46/EC, for providers of S-PCS services and gateway operators, and, if required, appropriate measures for equipment circulation and use;

>Text following EP vote>

(iii) harmonization of conditions for authorizations, established in accordance with the provisions of Directive 94/46/EC and Directive ../.. /EC on a common framework for general authorizations and individual licences in the field of telecommunications services, for providers of S-PCS services and gateway operators, and, if required, appropriate measures for equipment circulation and use;

>Original text>

(iv) the establishment of a dialogue and, where appropriate, negotiations between the European Union and third countries with the aim of establishing international cooperation in order to promote the development of satellite personal communications services and remove the obstacles to their development.

>Text following EP vote>

(iv) the establishment of a dialogue and, where appropriate, negotiations between the European Union and third countries with the aim of establishing international cooperation in order to allocate access to space segment in the light of the interests of all the countries concerned, promote the development of satellite personal and wide-band multimedia communications services and remove the obstacles to their development.

(Amendment 11)

Article 4

>Original text>

The Commission shall, in close cooperation with the national regulatory authorities of the Member States in accordance with the procedure laid down in Article 7:

(i) establish categories of satellite personal communications services, and determine, where appropriate, the need for selection of satellite personal communications space segment operators;

(ii) adopt, for the relevant categories, criteria for the common selection of satellite personal communications space segment operators to be authorized to provide their services in the Union;

>Text following EP vote>

The Commission, with due regard for the provisions of Directive ../.. /EC on a common framework for general authorizations and individual licences in the field of telecommunications services and in close cooperation with the national regulatory authorities of the Member States in accordance with the procedure laid down in Article 8, shall establish categories of satellite personal communications services, the rules which must be applied in order to ensure that satellite personal communications space segment operators are subject to a uniform selection procedure, and the principles for the common conditions to be attached to individual licences granted to the satellite personal communications space segment operators selected.

>Original text>

(iii) adopt the procedures by which a comparative bidding process may be undertaken;

>Original text>

(iv) adopt, for all categories of services, principles for the common conditions to be attached to authorizations for selected satellite personal communications space segment operators.

(Amendment 12)

Article 5

>Original text>

Selection of space segment operators

>Text following EP vote>

Deleted

>Original text>

1. A call for declaration of interest shall be published in the Official Journal within six months after adoption of this Decision.

>Original text>

(i) The call for declaration of interest shall set out the criteria for the common selection for each category of service established pursuant to Article 4(2), the procedures to be followed in the selection established pursuant to Article 4(3) and the principles of the common conditions to be attached to authorizations established pursuant to Article 4(4).

>Original text>

(ii) The call for declaration of interest shall invite declarations from any person or entity wishing to operate a system for the purpose of providing satellite personal communications services in the European Union.

>Original text>

2. A Decision selecting satellite personal communications space segment operators for the relevant categories of services shall be adopted in accordance with the procedure laid down in Article 9.

(Amendment 13)

Article 6, introduction

>Original text>

The following shall be adopted by a Decision in accordance with the procedure laid down in Article 8:

>Text following EP vote>

The issuing of authorizations to space segment operators, gateway operators and providers of S-PCS services shall be governed by the provisions of the European Parliament and Council Directive on a common framework for general authorizations and individual licences in the field of telecommunications services. Without prejudice to the provisions of the above Directive, and in particular of Annex I thereof, the following shall be adopted by a Decision in accordance with the procedure laid down in Article 8:

(Amendment 21)

Article 6, 2nd paragraph

>Original text>

In view of the adoption of common and harmonized authorization conditions, the Commission may decide, where it deems appropriate, to consult representatives of selected space segment operators.

>Text following EP vote>

In view of the adoption of common and harmonized authorization conditions, the Commission may decide, where it deems appropriate, to consult representatives of the space segment operators.

(Amendment 14)

Article 8(1)

>Original text>

1. The Commission shall be assisted in the implementation of this Decision by an advisory committee, made up of representatives of the national regulatory authorities of the Member States and chaired by a representative of the Commission.

>Text following EP vote>

1. The Commission shall be assisted in the implementation of this Decision by the European Union Telecommunications Committee set up by the European Parliament and Council Directive on a common framework for general authorizations and individual licences in the field of telecommunications services.

(Amendment 22)

Article 8(2a) (new)

>Text following EP vote>

2a. Meetings of the committee shall be held in public except in the case of a specific duly motivated decision to the contrary published in good time. The committee shall publish its agendas two weeks in advance of meetings. It shall publish the minutes of its meetings. It shall draw up a public register of declarations of interest by its members.

(Amendment 15)

Article 9

>Original text>

The regulatory committee

>Text following EP vote>

Deleted

>Original text>

1. By way of exception to the provisions of Article 8, the following procedure shall apply in respect of the matters covered by Article 5(2).

>Original text>

2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

>Original text>

3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

>Original text>

4. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

>Original text>

If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

(Amendment 16)

Article 10(1), (2) and (3)

>Original text>

1. The Commission monitors developments, particularly in respect of its regulatory proceedings, outside the Community and, if appropriate, consults with third countries on the coordinated introduction of satellite personal communications at a global level.

>Text following EP vote>

1. The Council shall, by 31 December 1996, draw up a common position on the allocation of the frequencies necessary for the operation of S-PCS and, should this prove a desirable step towards the establishment of a critical mass, shall give the Commission a mandate to negotiate within the relevant international bodies, particularly the International Telecommunications Union, and, where appropriate, with relevant third countries with a view to establishing the conditions of access to space segment and the obligations to be attached to authorizations for space segment operators.

>Original text>

2. The Member States shall inform the Commission of any difficulties encountered, de jure or de facto, by Community organizations in the introduction of satellite personal communications in third countries.

>Text following EP vote>

2. The Member States shall inform the Commission of any difficulties encountered, de jure or de facto, by Community organizations in the introduction of satellite personal communications in third countries.

>Original text>

3. Whenever the Commission establishes that the action undertaken under this Decision, in particular with regard to the information received further to paragraphs 1 and 2, may require negotiations with the aim to facilitate the introduction of satellite personal communications in the Union and remove obstacles thereto, the Commission will start, where appropriate, negotiations in view of these aims.

>Text following EP vote>

3. Whenever the Commission establishes that the action undertaken under this Decision, in particular with regard to the information received further to paragraphs 1 and 2, may require negotiations with the aim of facilitating the introduction of satellite personal communications in the Union and remove obstacles thereto, the Commission may request the granting or extension of a mandate to start, where appropriate, negotiations in view of these aims.

>Original text>

The principle of Community action will be aimed at ensuring effective and comparable access for Community organizations to the markets in these third countries.

>Text following EP vote>

The principle of Community action will be aimed at ensuring effective and comparable access for Community organizations to the markets in these third countries and at facilitating the interoperability of the various personal mobile communications systems, particularly by means of the transmission standards which already render such systems interoperable within the Union.

(Amendment 17)

Annex

First and second paragraphs

>Original text>

Sept. 96 Establishment of categories of satellite personal communications services for which a selection of satellite systems is required;

Publication of a call-for-declaration of interest in the Official Journal;

>Text following EP vote>

Deleted

(Amendment 18)

Annex

Third paragraph

>Original text>

Oct. 96 Adoption of criteria for the selection of satellite systems and the principles for the authorizations for these systems;

>Text following EP vote>

Oct. 96 Adoption of criteria governing the principles for the authorizations for these systems;

(Amendment 19)

Annex

Fourth paragraph

>Original text>

Dec. 96 Based on a comparative bidding process and subsequent evaluation, selection of satellite systems used for the provision of categories of satellite PCS services;

>Text following EP vote>

Deleted

(Amendment 20)

Annex

Fifth and sixth paragraphs

>Original text>

Adoption of common conditions for the authorization of the selected systems;

>Text following EP vote>

January 1997 Adoption of common conditions for the authorization of the satellite systems;

>Original text>

March 1997 Adoption of harmonized conditions for the authorization of all aspects of satellite personal communications as they concern, inter alia, service provision, equipment, inter-connection, numbering, and gateway access.

>Text following EP vote>

Adoption of harmonized conditions for the authorization of all aspects of satellite personal communications as they concern, inter alia, service provision, equipment, inter-connection, numbering, and gateway access.

This will allow tests to start in the summer of 1997 and commissioning in the summer of 1998.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Decision on an action at a Union level in the field of satellite personal communications services in the European Union (COM(95)0529 - C4-0517/95 - 95/0274(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(95)0529 - 95/0274(COD) ((OJ C 15, 20.1.1996, p. 6.)),

- having regard to Articles 189b(2), 57, 66 and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4- 0517/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy and the opinions of the Committee on Budgets and the Committee on Research, Technological Development and Energy (A4- 0179/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.