A4-0049/97

Proposal for a European Parliament and Council Directive on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment (COM(96)0419 - C4-0581/96 - 96/0226(COD))

The proposal was approved with the following amendments:

(Amendment 2)

Recital 4

>Original text>

(4) Whereas the basic universal service requirement is to provide users on request with a connection to the fixed public telephone network at a fixed location, at an affordable price; whereas there should be no constraints on the technical means by which the connection is provided, allowing for wire or wireless technologies; whereas affordability is a matter to be determined at national level in the light of specific national conditions, including town and country planning aspects; whereas the affordability of telephone service is related to the information users receive about telephone usage expenses as well as the relative cost of telephone usage compared to other services;

>Text following EP vote>

(4) Whereas the basic universal service requirement is to provide users on request with a connection to the fixed public telephone network at a fixed location, at an affordable price and without discrimination; whereas there should be no constraints on the technical means by which the connection is provided, allowing for wire or wireless technologies; whereas affordability must be specified on the basis of guidelines, drawn up at European level, which take account of various conditions that can serve as guidance for the precise determination of affordability at national level;

>Text following EP vote>

Whereas tariff rebalancing is leading to a move away from uniformly low and non-cost-oriented tariffs; whereas until competition is effectively established safeguards may be necessary to ensure that price increases in remote or rural areas are not used to compensate for losses in revenue resulting from price decreases elsewhere; whereas price caps and similar schemes may be used to ensure that the necessary rebalancing does not affect users adversely, and that the differences between prices in high-cost areas and prices in low-cost areas do not endanger the affordability of telephone services;

>Original text>

>Text following EP vote>

Whereas tariff rebalancing is leading to a move away from uniformly low and non- cost-oriented tariffs; whereas until competition is effectively established safeguards may be necessary to ensure that price increases in remote or rural areas are not used to compensate for losses in revenue resulting from price decreases elsewhere; whereas tariff rebalancing is an essential feature of a competitive market; whereas, however, price caps and similar schemes may be used to ensure that the necessary rebalancing does not affect users adversely, and that the differences between prices in high-cost areas and prices in low-cost areas do not endanger the affordability of telephone services;

(Amendment 3)

Recital 5

>Original text>

(5) Whereas the importance of the telephone network and service is such that it should be available to anyone reasonably requesting it; whereas in accordance with the principle of subsidiarity, it is for Member States to decide which organisations have the responsibility for providing the various elements of the universal service for telecommunications as defined in this Directive; whereas corresponding obligations could be included as conditions in authorisations to provide voice telephony services; whereas only the net cost of obligations covered in this Directive should be shared under a universal service financing scheme;

>Text following EP vote>

(5) Whereas the importance of the telephone network and service is such that it should be available to anyone reasonably requesting it; whereas in accordance with the principle of subsidiarity, it is for Member States to decide on the basis of objective and non-discriminatory criteria which organisations have the responsibility for providing the various elements of the universal service for telecommunications as defined in this Directive, taking into account the ability of all operators who are willing to provide all or part of these elements; whereas corresponding obligations could be included as conditions in authorisations to provide voice telephony services; whereas only the net cost of obligations covered in this Directive should be shared under a universal service financing scheme;

(Amendment 41)

Recital 6a (new)

>Text following EP vote>

(6a) Whereas free access to directory enquiry services for handicapped people, especially blind or partially sighted and deaf or speech-impaired people, as well as for certain other groups with special social needs is essential to guarantee their equal access to information available to the general public;

(Amendment 5)

Recital 14

>Original text>

(14) Whereas in view of the forecast convergence of fixed and mobile telephone services, the applicability of the Directive with respect to mobile services should be re-examined when the Directive is reviewed; whereas the review date of 31 December 1999 will allow for a coordinated review of all the ONP Directives in the light of experience with the liberalization of public telecommunications networks and voice telephony services;

>Text following EP vote>

(14) Whereas in view of the forecast convergence of fixed and mobile telephone services, the extent to which the Directive is applicable with respect to mobile services should be re-examined when the Directive is reviewed; whereas the review date of 31 December 1999 will allow for a coordinated review of all the ONP Directives in the light of experience with the liberalization of public telecommunications networks and voice telephony services;

(Amendment 7)

Article 1 (2), second subparagraph (new)

>Text following EP vote>

The Commission shall also regularly examine to what extent further provisions of this Directive can be applied to mobile telephony, given the continuing integration of fixed and mobile telecommunications technology.

(Amendment 8)

Article 2(2), indents 6 and 7

>Original text>

- 'universal service' means a defined minimum set of services of specified quality which is available to all users independent of their geographical location and, in the light of specific national conditions, at an affordable price,

>Text following EP vote>

- 'universal service' means a defined minimum set of services of specified quality which is available to all users in the European Union independent of their geographical location and, on the basis of guidelines drawn up at European level, at an affordable price,

>Original text>

- 'national regulatory authority' means the body or bodies in each Member State entrusted by that Member State, inter alia, with the regulatory functions addressed in this Directive,

>Text following EP vote>

- 'national regulatory authority' means the body or bodies in each Member State, as defined in Directive 96/../EC amending Directives 90/387/EEC and 92/44/EEC on the application of open network provision to leased lines(1) for the purpose of adaptation to a competitive environment in telecommunications, entrusted by that Member State, inter alia, with the regulatory functions addressed in this Directive,

_______________

(1) OJ L 165, 19.6.1992, p. 27.

(Amendment 10)

Article 3, second paragraph

>Original text>

Where these services cannot be commercially provided on the basis of conditions laid down by the Member State, Member States may set up universal service schemes for the shared financing of these services, in conformity with Community law.

>Text following EP vote>

Where these services cannot be commercially provided on the basis of conditions laid down by the Member State, Member States shall set up a universal service financing scheme , in conformity with Community law.

Member States may to some extent impose additional universal service requirements. Such additional requirements may not, under any circumstances whatever, have an impact on the costing of universal service provision as laid down at EU level and may not be financed from a mandatory contribution by market players.

(Amendment 44)

Article 4(1), first subparagraph

>Original text>

1. Member States shall ensure, in the light of their national conditions, the affordability of the services specified in this chapter.

>Text following EP vote>

1. Member States shall ensure, in the light of their national conditions, the affordability of the services specified in this chapter, on the basis of guidelines to be set by Community law. The Commission shall make the necessary proposals to this end after having consulted all interested parties.

(Amendment 12)

Article 4(1), second subparagraph

>Original text>

Taking into account the progressive adjustment of tariffs towards costs, Member States shall in particular maintain the affordability of the specified services for users in rural or high cost areas, where necessary by taking measures to ensure that price increases in rural areas are not used to compensate losses in revenue resulting from price decreases elsewhere, and for vulnerable groups of users such as the elderly, those with disabilities, those who do not use the telephone very much.

>Text following EP vote>

Taking into account the progressive adjustment of tariffs towards costs, Member States shall in particular maintain the affordability of the specified services for users in rural or high cost areas, where necessary by taking measures to ensure that losses in revenue resulting from price decreases elsewhere are not compensated by price increases in rural areas, and for vulnerable groups of users such as the elderly, those with disabilities, those who do not use the telephone very much.

(Amendment 13)

Article 4(1), third subparagraph

>Original text>

To this end, Member States shall remove obligations which prevent or restrict the use of special or targetted tariff schemes for the provision of the services specified in this Directive and may, in accordance with Community law, implement price caps or other similar schemes for some or all of the specified services, for an appropriate period of time.

>Text following EP vote>

To this end, Member States shall remove obligations which prevent or restrict the use of special or targeted tariff schemes for the provision of the services specified in this Directive, unless they are set up upon a geographic segmentation and shall, in accordance with Community law, implement price caps or other similar schemes for some or all of the specified services, for an appropriate period of time.

(Amendment 14)

Article 4(2)

>Original text>

2. Member States shall publish regular reports on the evolution of tariffs.

>Text following EP vote>

2. Member States shall publish regular reports on the evolution of tariffs. They shall submit this information on tariff evolution to the Commission. The Commission shall publish regular reports on the evolution of tariffs throughout the European Union. These reports should be accessible to the European Parliament as well as to all consumers and their representatives.

(Amendment 45)

Article 4(2a) (new)

>Text following EP vote>

2a. The Commission shall develop common rules for monitoring the tariffs and shall determine the frequency of the monitoring by the Member States.

(Amendment 46)

Article 5(2), second subparagraph (new)

>Text following EP vote>

The Commission should consider in its report on universal service to be published before 1 January 1998 whether and to what extent other beneficiaries of the liberalisation process in the telecommunications sector could contribute to the financing of universal service.

(Amendment 16)

Article 6(1) (a)

>Original text>

(a) subscribers have the right to have an entry in publicly available directories, and to verify and if necessary correct or request removal of that entry;

>Text following EP vote>

(a) subscribers have the right, free of charge, to have an entry in publicly available directories, and to verify and if necessary correct or request removal of that entry; in the case of incorrect entry of details through the fault of the operator or publisher, the subscriber shall be entitled to compensation;

(Amendment 17)

Article 6(1) (b)

>Original text>

(b) directories of all subscribers who consent to be listed, including fixed and personal numbers, are available to users in printed and where appropriate, electronic form, and updated on a regular basis;

>Text following EP vote>

(b) directories of all subscribers who have not expressed opposition to being listed, including fixed and personal numbers, are available to users in printed and where appropriate, electronic form, and updated on a regular basis;

(Amendments 18 and 47)

Article 6(1) (ba) (new)

>Text following EP vote>

(ba) subscribers have the right to withhold their details from publicly available directories and to restrict the use of that information for commercial purposes without any charge, and are duly informed of these rights; moreover, the information contained in the directories should only be used for commercial purposes after the consent of the subscriber. The subscriber can revise his consent at any moment;

(Amendment 19)

Article 7(1)

>Original text>

1. Member States shall ensure that public payphones are provided to meet the reasonable needs of users, in terms of both numbers and geographical coverage.

>Text following EP vote>

1. Member States shall ensure that public payphones and public pay text telephones are provided to meet the reasonable needs of users, in terms of both numbers and geographical coverage.

(Amendment 20)

Article 7 (2)

>Original text>

2. Member States shall ensure that it is possible to make emergency calls from public payphones using the single European emergency call number '112' referred to in Decision 91/396/EEC, and other national emergency numbers, all free of charge.

>Text following EP vote>

2. Member States shall ensure that it is possible to make emergency calls from public payphones and public pay text telephones using the single European emergency call number '112' referred to in Decision 91/396/EEC, and other national emergency numbers, all free of charge and without having to make use of coins or cards.

(Amendment 50)

Article 8

>Original text>

Member States shall, where appropriate, take specific measures to ensure access to and affordability of telephone services for disabled users and users with special needs.

>Text following EP vote>

Member States shall, where appropriate, take specific measures to ensure access to and affordability of telephone equipment and services for disabled users and users or geographical areas with special social needs, in particular for the availability of social rates and flexible payment schemes for low-income consumers and for the provision of public access to information society resources.

(Amendment 22)

Article 9

>Original text>

Member States shall ensure that all users provided with a connection to the fixed public telephone network can:

>Text following EP vote>

Member States shall ensure that all users, including disabled users, provided with a connection to the fixed public telephone network can:

>Original text>

(a) connect and use terminal equipment suitable for the connection provided, in accordance with national and Community law;

>Text following EP vote>

(a) connect and use terminal equipment suitable for the connection provided, in accordance with national and Community law;

>Original text>

(b) access operator assistance services, and directory enquiry services in accordance with Article 6;

>Text following EP vote>

(b) access operator assistance services, and directory enquiry services in accordance with Article 6 at no charge or at a nominal cost;

>Original text>

(c) access emergency services at no charge, using the dialling code '112' and any other dialling codes specified by national regulatory authorities for use at a national level.

>Text following EP vote>

(c) access emergency services at no charge, using the dialling code '112' and any other dialling codes specified by national regulatory authorities for use at a national level.

>Original text>

All connections to the fixed public telephone network installed after 1st January 1998 should be of a quality that supports, in addition to speech, data communications at rates suitable for access to online information services, ie 14 400 bit/s or more.

>Text following EP vote>

All connections to the fixed public telephone network installed after 1st January 1998 should be of a quality that supports, in addition to speech, data communications at rates suitable for access to online information services, ie 14 400 bit/s or more. Member States shall ensure that all reasonable requests for converting an older connection are satisfied.

(Amendment 24)

Article 10(2), first subparagraph

>Original text>

2. Without prejudice to other rights of appeal provided for by national law, Member States shall ensure that users and, where national law so provides, organizations representing user and/or consumer interests, can bring before the national regulatory authority cases where compensation and/or refund arrangements are deemed to be unsatisfactory for users.

>Text following EP vote>

2. Without prejudice to other rights of appeal provided for by national law, Member States shall ensure that users and organizations representing user and/or consumer interests, can bring before the national regulatory authority cases where there is non-compliance of the contract by the service provider, in accordance with the provisions of Article 26;

(Amendment 25)

Article 10(2), second subparagraph a and b (new)

>Text following EP vote>

Alterations may be called for only on the basis of predetermined criteria.

The Commission shall ensure that the alterations called for do not interfere with fair competition on the market.

(Amendment 51)

Article 11(2)

>Original text>

2. National regulatory authorities shall ensure that organizations providing fixed public telephone networks provide them with details of technical interface specifications for network access, as identified in Part 1 of Annex II to be made available in accordance with paragraph 4. Changes in existing network interface specifications and information on new network interface specifications shall be communicated to the national regulatory authority in advance of the implementation. The national regulatory authority may lay down a suitable period of notice.

>Text following EP vote>

2. National regulatory authorities shall ensure that organizations providing fixed public telephone networks provide them with details of technical interface specifications for network access, as identified in Part 1 of Annex II to be made available in accordance with paragraph 4. Changes in existing network interface specifications and information on new network interface specifications shall be communicated to the national regulatory authority in advance of the implementation. The national regulatory authority shall lay down a suitable period of notice. Moreover, the national regulatory authority shall consult the interested parties, and especially the representatives of the users and consumers, on the changes in existing network interface specifications.

(Amendment 52)

Article 12(3), first subparagraph

>Original text>

3. Where appropriate, and in particular as a result of consultation with interested parties in accordance with the provisions of Article 24, national regulatory authorities shall ensure publication of the performance data referred to in paragraph 1, and may set performance targets for organisations providing fixed public telephone networks and/or publicly available telephone services where these do not exist already in accordance with Article 11 (4).

>Text following EP vote>

3. Where appropriate, and in particular as a result of consultation with interested parties in accordance with the provisions of Article 24, national regulatory authorities shall ensure publication of the performance data referred to in paragraph 1, and shall set performance targets for organisations providing fixed public telephone networks and/or publicly available telephone services where these do not exist already in accordance with Article 11 (4).

(Amendment 28)

Article 12(4)

>Original text>

4. National regulatory authorities shall have the right to call for independent audits of the performance data in order to ensure the accuracy and comparability of the data made available by the organizations referred to in paragraph 1.

>Text following EP vote>

4. National regulatory authorities shall have the right to call for independent audits of the performance data in order to ensure the accuracy and comparability of the data made available by the organizations referred to in paragraph 1. Such audits shall be treated in confidence, and the facts emerging from these investigations may be used only to secure the relevant quality levels.

(Amendment 29)

Article 14(1), first subparagraph, second indent

>Original text>

- itemized billing and selective call barring as facilities available on request.

>Text following EP vote>

- itemized billing and selective call barring as facilities available on request, and in alternative formats for blind and partially sighted people.

(Amendment 30)

Article 15(3a) (new)

>Text following EP vote>

3a. Where the facility of number portability, as referred to in Article 12(5) of Directive 97/.../EC on interconnection in telecommunications to ensure universal service and interoperability through open network provision is not yet in use, national regulatory authorities shall ensure that, once a user has changed supplier, a telephone call to his old number can be rerouted to the user against a reasonable fee approved by the national regulatory authority, or that during a reasonable period callers are given an indication of the new number, without charging the user or the callers for this service.

(Amendment 31)

Article 16(1)

>Original text>

1. National regulatory authorities shall ensure that the organisations with significant market power in the provision of fixed public telephone networks deal with reasonable requests from organisations providing telecommunications services for access to the fixed public telephone network at network termination points other than the commonly provided network termination points referred to in part 1of Annex II.

>Text following EP vote>

1. National regulatory authorities shall ensure that the organisations with significant market power in the provision of fixed public telephone networks deal with reasonable requests from organisations providing telecommunications services for access to the fixed public telephone network at network termination points other than the commonly provided network termination points referred to in part 1 of Annex II. This obligation may only be limited if there are technically and commercially viable alternatives to the special access requested, and if the requested access is inappropriate in relation to the resources available to meet the request.

(Amendment 32)

Article 16(4)

>Original text>

4. National regulatory authorities may intervene on their own initiative at any time, and shall do so if requested by either party, in order to set conditions that are non- discriminatory, are fair and reasonable for both parties and offer the greatest benefit to all users.

>Text following EP vote>

4. National regulatory authorities may intervene on their own initiative in case of failure of the commercial negotiation, and shall do so if requested by either party, in order to set conditions that are non- discriminatory, are fair and reasonable for both parties and offer the greatest benefit to all users.

(Amendment 33)

Article 16(9)

>Original text>

9. Details of agreements for special network access shall be made available to the national regulatory authority upon its request.

>Text following EP vote>

9. Details of agreements for special network access shall be made available to the national regulatory authority upon its request. National regulatory authorities shall keep those parts which deal with the commercial strategy of the parties as laid down in paragraph 3 strictly confidential.

(Amendment 35)

Article 19, first paragraph

>Original text>

Member States shall ensure that, where an organization has an obligation for its tariffs to follow the principle of cost orientation in accordance with Article 17, discount schemes for end users (including consumers) are fully transparent and published and applied in accordance with the principle of non-discrimination.

>Text following EP vote>

Member States shall ensure that, where an organization has an obligation for its tariffs to follow the principle of cost orientation in accordance with Article 17, discount schemes for end users (including consumers) are fully transparent and published and applied in accordance with the principle of non-discrimination. Price transparency shall guarantee that residential subscribers do not subsidise discounts to industrial customers. Moreover, Member States shall ensure that there is consultation before the introduction of the different discount schemes.

(Amendment 36)

Article 21, second paragraph

>Original text>

Except in cases of persistent late or non- payment, these measures shall ensure, as far as is technically feasible, that any service interruption is confined to the service concerned, and that complete disconnection takes place only after a stated period during which calls are permitted that do not incur a charge to that subscriber.

>Text following EP vote>

Except in cases where late or non-payment persists, and, in the case of consumers, in spite of a flexible paying scheme having been implemented, these measures shall ensure, as far as is technically feasible, that any service interruption is confined to the service concerned, and that complete disconnection takes place only after a stated period during which only incoming calls and calls to those emergency services described in Article 9(c) are permitted.

(Amendment 37)

Article 26(2) to (5)

>Original text>

2. A user or an organization may, where the dispute involves organizations in more than one Member State, invoke the conciliation procedure provided for in points 3 and 4 by means of a written notification to the national regulatory authority and to the Commission. Member States may also allow their national regulatory authority to invoke the conciliation procedure.

>Text following EP vote>

2. A user or an organization may, where the dispute involves organizations in more than one Member State, invoke the dispute resolution procedure provided for in points 3 and 4 by means of a written notification to the national regulatory authority and to the Commission. Member States may also allow their national regulatory authority to invoke this procedure. The national regulatory authorities concerned shall coordinate their efforts in order to bring about a resolution of the dispute and shall inform the Commission.

>Original text>

3. Where the national regulatory authority or the Commission finds that there is a case for further examination, following a notification based on point 2, it can refer the matter to the chairman of the ONP Committee.

>Text following EP vote>

3. Where a national regulatory authority or the Commission finds that there is a case for further examination, following a notification based on point 2, it can refer the matter to the chairman of the ONP Committee.

>Original text>

4. In the circumstances referred to in point 3, the chairman of the ONP Committee shall initiate the procedure described below if satisfied that all reasonable steps have been taken at national level:

>Text following EP vote>

4. In the circumstances referred to in point 3, the chairman of the ONP Committee shall initiate the procedure described below if satisfied that all reasonable steps have been taken at national level:

>Text following EP vote>

(a) the chairman of the ONP Committee shall convene as soon as possible a working group including at least two members of the ONP Committee and one representative of the national regulatory authorities concerned, and the chairman of the ONP Committee or another official of the Commission appointed by him. The working group shall be chaired by the representative of the Commission and shall normally meet within ten days of having been convened. The chairman of the working group may decide, upon proposal by any of the members of the working group, to invite a maximum of two other persons as experts to advise it;

>Text following EP vote>

(a) the chairman of the ONP Committee shall convene as soon as possible a working group including at least two members of the ONP Committee and one representative of the national regulatory authorities concerned, and the chairman of the ONP Committee or another official of the Commission appointed by him. The working group shall be chaired by the representative of the Commission and shall normally meet within ten days of having been convened. The chairman of the working group may decide, upon proposal by any of the members of the working group, to invite a maximum of two other persons as experts to advise it;

>Original text>

(b) the working group shall give the party invoking this procedure, the national regulatory authorities of the Member States involved and the organizations involved the opportunity to present their opinions in oral or written form;

>Text following EP vote>

(b) the working group shall give the party invoking this procedure, the national regulatory authorities of the Member States involved and the organizations involved the opportunity to present their opinions in oral or written form;

>Original text>

(c) the working group shall endeavour to reach agreement between the parties involved within three months of the date of receipt of the notification referred to in paragraph 2. The chairman of the ONP Committee shall inform that Committee of the results of the procedure so that it may express its views.

>Text following EP vote>

(c) the working group shall endeavour to reach agreement between the parties involved or otherwise define its position within three months of the date of receipt of the notification referred to in paragraph 2. The chairman of the ONP Committee shall inform that Committee of the results of the procedure so that it may express its views. The position agreed in accordance with this procedure shall form the basis of a solution to be implemented at a national level without delay. If an agreed position is not reached or if an agreed position is not implemented within a reasonable time which shall not, except in justified cases, exceed two months, the appropriate solution shall be adopted with binding effect by the Commission.

>Original text>

5. The party invoking the procedure shall bear its own costs of participating in this procedure.

>Text following EP vote>

5. Without prejudice to the right of the users to claim for damages if it appears that the behaviour of the other party has incurred financial losses, the party invoking the procedure shall bear its own costs of participating in this procedure.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment (COM(96)0419 - C4-0581/96 - 96/0226(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(96)0419 - 96/0226(COD) ((OJ C 371, 9.12.1996, p. 22.)),

- having regard to Article 189b(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0581/96),

- 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 Research, Technological Development and Energy and the Committee on Legal Affairs and Citizens' Rights (A4-0049/97),

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 adops in accordance with Article 189(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;

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