Proposal for a Council Decision regarding the definition and implementation of Community policy in the field of telecommunications and postal services

(96/C 192/04)

COM(96) 45 final - 96/0042(CNS)

(Submitted by the Commission on 12 April 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas the objectives of the Community telecommunications and postal policy include, in particular, the progressive creation of an open single market in telecommunications and postal services through the development of a regulatory framework; the harmonization of general principles for access to and use of network infrastructure; the definition of universal service and its means of financing; contribution to Community coherence and cohesion; participating in the promotion of new audiovisual services; the assurance of Community-wide network interconnection and interoperability, in particular through trans-European networks for telecommunications; and the development of external aspects of the Community's policy;

Whereas Treaty provisions and Council and Parliament resolutions and directives require the Commission to act in various ways, in order to study and lay down objectives and actions which further define and implement the Community telecommunications and postal policy; whereas this includes initiating analysis, drawing up analysis and progress reports, eliciting comment from industry and the public, drawing up proposals for legislation, monitoring the application of legislation and ensuring the timely availability of European standards and the necessary frequency resources on a pan-European basis;

Whereas these actions require a range of support activities, including the commissioning of studies and the organization of seminars and consultations, in order to analyse markets, technologies, objectives and policies; the commissioning of work contributing to actions in the area of cohesion and international cooperation; as well as the submission of mandates to standardization and frequency bodies;

Whereas the Treaty does not provide, for the adoption of this Decision, powers of action other than those of Article 235,

HAS ADOPTED THIS DECISION:

Article 1

This Decision concerns the definition and implementation of Community policy in the field of telecommunications and postal services, and the monitoring of the application of the legislative provisions adopted within the framework of that policy, which are listed in the Annex of this Decision.

Article 2

1. The Commission shall be responsible for carrying out the tasks defined in Article 1.

2. In carrying out these tasks, the Commission shall have regard to the objectives of the Community policy in the field of telecommunications and postal services, which include:

- creating, on a progressive basis, an open single market in telecommunications services, fixed and mobile infrastructure, and satellite communications, through the development of a regulatory framework, in order to facilitate the transition to the European information society, acknowledging public service obligations,

- creating, on a progressive basis, an open single market in postal services, through the development of a regulatory framework and the promotion of efficient and high quality interoperable postal services at affordable prices, acknowledging public service obligations,

- ensuring harmonization of general principles for access to and use of telecommunications network infrastructure, and the timely availability of standards, where necessary,

- defining universal service and its means of financing,

- fully integrating all regions of the Union, in particular the less favoured, into the emerging European information society, through measures contributing to Community coherence and cohesion,

- ensuring the timely availability of frequency resources and numbering systems in a harmonized manner,

- developing an open, Community-wide market for telecommunications equipment and terminals,

- continuing Community measures regarding common standards in the telecommunications sector,

- participating in the promotion of the Communtiy-wide introduction of new audiovisual services,

- developing the appropriate regulatory framework concerning telecommunications infrastructures and services for the future multimedia environment, where necessary,

- contributing to the development of cooperation between the Community and third countries; developing external aspects of the Community's policy, and

- creating or ensuring Community-wide network interconnection and interoperability, in particular through trans-European networks for telecommunications.

Article 3

For the fulfilment of the tasks defined in Article 2, the Commission may undertake any suitable action, in particular:

- awarding contracts for the execution of the tasks of analysis, forward studies, specific studies, coordination and evaluation, as well as for the cofinancing of certain actions,

- organizing, participating in and supporting expert meetings, conferences, consultations with interested parties, seminars; and supporting information dissemination and publication,

- contributing to the development of cooperation between the Community and third countries,

- submitting mandates to standardization and frequency bodies, and

- purchasing and operating necessary equipment.

Article 4

The control of payments for any services, or preparatory, feasability or evaluation studies requested, shall be carried out by the Commission's services prior to payment, taking into account any contractual obligations, economic principles and good financial or management practice. Anti-fraud provisions (supervision, reporting requirements, etc.) shall be included in all agreements and contracts made between the Commission and the recipient of any payments.

Article 5

The Commission shall present to the European Parliament and the Council a report on the execution of these activities, including an evaluation of progress made towards achieving Community objectives, every three years.

ANNEX

List of legislative provisions adopted to date in the field of telecommunications and posts

Council recommendation of 12 November 1984 concerning the implementation of harmonization in the field of telecommunications (84/549/EEC; OJ No L 298, 16. 11. 1984, p. 49)

Council recommendation of 12 November 1984 concerning the first phase of opening up access to public telecommunications contracts (84/550/EEC; OJ No L 298, 16. 11. 1984, p. 51)

Council Decision of 25 July 1985 on a definition phase for a Community action in the field of telecommunications technologies - R+D programme in advanced communication technologies for Europe (RACE) (85/372/EEC; OJ No L 210, 7. 8. 1985, p. 24)

Council resolution of 9 June 1986 on the use of videoconference and videophone techniques for intergovernmental applications (86/C 160/01; OJ No C 160, 27. 6. 1986, p. 1)

Council Directive of 24 July 1986 on the initial stage of the mutual recognition of type approval for telecommunications terminal equipment (86/361/EEC; OJ No L 217, 5. 8. 1986, p. 21)

Council Regulation of 27 October 1986 instituting a Community programme for the development of certain less-favoured regions of the Community by improving access to advanced telecommunications services (STAR programme) (3300/86/EEC; OJ No L 305, 31. 10, 1986, p. 1)

Council Directive of 3 November 1986 on the adoption of common technical specifications of the MAC/packet family of standards for direct satellite television broadcasting (86/529/EEC; OJ No L 311, 6. 11. 1986, p. 28)

Council Decision of 22 December 1986 on standardization in the field of information technology and telecommunications (87/95/EEC; OJ No L 36, 7. 2. 1987, p. 31)

Council recommendation of 22 December 1986 on the coordinated introduction of the Integrated Services Digital Network (ISDN) in the European Community (86/659/EEC; OJ No L 382/36, 31. 12. 1986)

Council recommendation of 25 June 1987 on the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (87/371/EEC; OJ No L 196, 17. 7. 1987, p. 81)

Council Directive of 25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the European Community (87/372/EEC; OJ No L 196, 17. 7. 1987, p. 85)

Council Decision of 5 October 1987 introducing a communications network Community programme on trade electronic data interchange systems (Tedis) (87/499/EEC; OJ No L 285, 8. 10. 1987, p. 35)

Council Decision of 14 December 1987 on a Community programme in the field of telecommunications technologies - research and development (R& D) in advanced communications technologies in Europe (RACE programme) (88/28/EEC; OJ No L 16, 21. 1. 1988, p. 35)

Commission Directive of 16 May 1988 on competition in the markets in telecommunications terminal equipment (88/301/EEC; OJ No L 131, 27. 5. 1988, p. 73)

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; OJ No C 257, 4. 10. 1988, p. 1)

Council Decision of 5 April 1989 amending Decision 87/499/EEC introducing a communications network Community programme on trade electronic data interchange systems (Tedis) (89/241/EEC; OJ No L 97, 11. 4. 1989, p. 46)

Council resolution of 27 April 1989 concerning standardization in the fields of information technology and telecommunications (89/C 117/01; OJ No C 117, 11. 5. 1989, p. 1)

Council Decision of 27 April 1989 on high-definition television (89/337/EEC; OJ No L 142, 25. 5. 1989, p. 1)

Council Directive of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility (89/336/EEC; OJ No L 139, 23. 5. 1989, p. 19)

Council resolution of 18 July 1989 on the strengthening of the coordination for the introduction of the integrated service digital network (ISDN) in the European Community up to 1992 (89/C 196/04; OJ No C 196, 1. 8. 1989, p. 4)

Council Decision of 7 December 1989 on the common action to be taken by the Member States with respect to the adoption of a single world-wide high-definition television production standard by the Plenary Assembly of the International Radio Consultative Committee (CCIR) in 1990 (89/630/EEC; OJ No L 363, 13. 12. 1989, p. 30)

Council resolution of 22 January 1990 concerning trans-European networks (90/C 27/05; OJ No C 27, 6. 2. 1990, p. 8)

Council resolution of 28 June 1990 on the strengthening of the European-wide cooperation on radio frequencies, in particular with regard to services with a pan-European dimension (90/C 166/02; OJ No C 166, 7. 7. 1990, p. 4)

Council Directive of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision (90/387/EEC; OJ No L 192, 24. 7. 1990, p. 1)

Commission Directive of 28 June 1990 on competition in the markets for telecommunications services (90/388/EEC; OJ No L 192, 24. 7. 1990, p. 10)

Commission Decision of 30 July 1990 setting up a Joint Committee on Telecommunications Services (90/450/EEC; OJ No L 230, 24. 8. 1990, p. 25)

Council Directive of 17 September 1990 on procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (90/531/EEC; OJ No L 297, 29. 10. 1990, p. 1)

Council recommendation of 9 October 1990 on the coordinated introduction of pan-European land-based public radio paging in the Community (90/543/EEC; OJ No L 310, 9. 11. 1990, p. 23)

Council Directive of 9 October 1990 on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community (90/544/EEC; OJ No L 310, 9. 11. 1990, p. 28)

Council resolution of 14 December 1990 on the final stage of the coordinated introduction of pan-European land-based public digital mobile cellular communications in the Community (GSM) (90/C 329/09; OJ No C 329, 31. 12. 1990, p. 25)

Council Directive of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity (91/263/EEC; OJ No L 128, 23. 5. 1991, p. 1)

Council Directive of 3 June 1991 on the frequency band to be designated for the coordinated introduction of digital European cordless telecommunications (DECT) into the Community (91/287/EEC; OJ No L 144, 8. 6. 1991, p. 45)

Council recommendation of 3 June 1991 on the coordinated introduction of digital European cordless telecommunications (DECT) into the Community (91/288/EEC; OJ No L 144, 8. 6. 1991, p. 47)

Council Decision of 7 June 1991 adopting a specific research and technological development programme in the field of communication technologies (1990 to 1994) (91/352/EEC; OJ No L 192, 16. 7. 1991, p. 8)

Council Decision of 7 June 1991 adopting a specific programme of research and technological development in the field of telematic systems in areas of general interest (1990 to 1994) (91/353/EEC; OJ No L 92, 16. 7. 1991, p. 18)

Council Decision of 22 July 1991 establishing the second phase of the Tedis programme (Trade electronic data interchange systems) (91/385/EEC; OJ No L 208, 30. 7. 1991, p. 66)

Council Decision of 29 July 1991 on the introduction of a single European emergency call number (91/396/EEC; OJ No L 217, 6. 8. 1991, p. 31)

Guidelines on the application of EEC competition rules in the telecommunications sector (91/C 233/02; OJ No C 233, 6. 9. 1991, p. 2)

Council resolution of 18 November 1991 concerning electronics, information and communication technologies (91/C 325/02; OJ No C 325, 14. 12. 1991, p. 2)

Council resolution of 19 December 1991 on the development of the common market for satellite communications services and equipment (92/C 8/01; OJ No C 8, 14. 1. 1992, p. 1)

Council Directive of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (92/13/EEC; OJ No L 76, 23. 3. 1992, p. 14)

Council Decision of 31 March 1992 in the field of security of information systems (92/242/EEC; OJ No L 123, 8. 5. 1992, p. 19)

Council Directive of 28 April 1992 amending Directive 89/336/EEC on the approximation of the laws of the Member States relating to electromagnetic compatibility (92/31/EEC; OJ No L 126, 12. 5. 1992, p. 11)

Council Directive of 11 May 1992 on the adoption of standards for satellite broadcasting of television signals (92/38/EEC; OJ No L 137, 20. 5. 1992, p. 17)

Council Decision of 11 May 1992 on the introduction of a standard international telephone access code in the Community (92/264/EEC; OJ No L 137, 20. 5. 1992, p. 21)

Council Directive of 5 June 1992 on the application of open network provision to leased lines (92/44/EEC; OJ No L 165, 19. 6. 1992, p. 27)

Council resolution of 5 June 1992 on the development of the integrated services digital network (ISDN) in the Community as a European-wide telecommunications infrastructure for 1993 and beyond (92/C; OJ No C 158, 25. 6. 1992, p. 1)

Council recommendation of 5 June 1992 on the application of open network provision to public packet switched data services (92/382/EEC; OJ No L 200, 18. 7. 1992, p. 1)

Council recommendation of 5 June 1992 on the application of open network provision to ISDN (92/383/EEC; OJ No L 200, 18. 7. 1992, p. 10)

Commission Decision of 15 July 1992 amending the lists of standards institutions annexed to Council Directive 83/189/EEC (92/400/EEC; OJ No L 221, 6. 8. 1992, p. 55)

Council resolution of 19 November 1992 on the implementation in the Community of the European Radiocommunications Committee Decisions (92/C 318/01; OJ No C 318, 4. 12. 1992, p. 1)

Council resolution of 19 November 1992 on the promotion of Europe-wide cooperation on numbering of telecommunications services (92/C 318/02; OJ No C 318, 4. 12. 1992, p. 2)

European Parliament resolution of 20 April 1993 on the Commission communication 'Towards cost orientation and the adjustment of pricing structures - Telecommunications tariffs in the Community` (A3-0117/93; OJ No C 150, 31. 5. 1993, p. 37)

European Parliament resolution of 20 April 1993 on the Commission's 1992 review of the situation in the telecommunications services sector (A3-0113/93; OJ No C 150, 31. 5. 1993, p. 39)

Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities of entities operating in the water, energy, transport and telecommunications

Council resolution of 22 July 1993 on the technology and standards in the field of advanced television services (93/C 209/01; OJ No C 209, 3. 8. 1993, p. 1)

Council Decision of 22 July 1993 on an action plan for the introduction of advanced television services in Europe (93/424/EEC; OJ No L 196, 5. 8. 1993, p. 48)

Council resolution of 22 July 1993 on the review of the situation in the telecommunications sector and the need for further development in that market (93/C 213/01; OJ No C 213, 6. 8. 1993, p. 1)

Telecommunications: open network provision ONP list of standards (third issue) (93/C 219/02; OJ No C 219, 13. 8. 1993, p. 2)

Telecommunications: open network provision for leased lines (93/C 277/04; OJ No C 277, 15. 10. 1993, p. 9)

Council Directive of 29 October 1993 supplementing Directive 91/263/EEC in respect of satellite earth station equipment (93/97/EEC; OJ No L 290, 24. 11. 1993, p. 1)

Council resolution of 7 December 1993 on the introduction of satellite personal communication services in the Community (93/C 339/01; OJ No C 339, 16. 12. 1993, p. 1)

Commission Decision of 21 December 1993 on a common technical regulation for the general attachment requirements for public pan-European cellular digital land-based mobile communications (94/11/EC; OJ No L 8, 12. 1. 1994, p. 20)

Commission Decision of 21 December 1993 on a common technical regulation for the telephony application requirements for public pan-European cellular digital land-based mobile communications (94/12/EC; OJ No L 8, 12. 1. 1994, p. 23)

Council resolution of 7 February 1994 on universal service principles in the telecommunications sector (94/C 48/01; OJ No C 48, 16. 2. 1994, p. 1)

Commission statement concerning Council resolution on universal service in the telecommunications sector (94/C 48/06; OJ No C 48, 16. 2. 1994, p. 8)

Council resolution of 7 February 1994 on the development of Community postal services (94/C 48/02; OJ No C 48, 16. 2. 1994, p. 3)

European Parliament resolution of 6 May 1994 on the communication from the Commission accompanied by the proposal for a Council resolution on universal service principles in the telecommunications sector (A3-0317/94; OJ No C 205, 25. 7. 1994, p. 551)

Commission Decision of 15 June 1994 on amendment of Annex II of Council Directive 92/44/EEC (94/439/EC; OJ No L 181, 15. 7. 1994, p. 40)

Council resolution of 27 June 1994 on a framework for Community policy on digital video broadcasting (94/C 181/02; OJ No C 181, 2. 7. 1994, p. 3)

Commission Decision of 18 July 1994 on a common technical regulation for attachment requirements for terminal equipment interface for ONP 2 048 kbit/s digital unstructured leased line (94/470/EC; OJ No L 194, 29. 7. 1994, p. 87)

Commission Decision of 18 July 1994 on a common technical regulation for general terminal attachment requirements for digital European cordless telecommunications (DECT) (94/471/EC; OJ No L 194, 29. 7. 1994, p. 89)

Commission Decision of 18 July 1994 on a common technical regulation for telephony application requirements for digital European cordless telecommunications (DECT) (94/472/EC; OJ No L 194, 29. 7. 1994, p. 91)

Telecommunications: open network provision (ONP) for leased lines - conciliation procedure (94/C 214/04; OJ No C 214, 4. 8. 1994, p. 4)

Commission Directive of 13 October 1994 amending Directives 88/301/EEC and 90/388/EEC in particular with regard to satellite communications (OJ No L 268, 19. 10. 1994, p. 15)

Commission Decision of 18 November 1994 on a common technical regulation for the pan-European integrated services digital network (ISDN) primary rate access (94/796/EC; OJ No L 329, 20. 12. 1994, p. 1)

Commission Decision of 18 November 1994 on a common technical regulation for the pan-European integrated services digital network (ISDN) basic access (94/797/EC; OJ No L 329, 20. 12. 1994, p. 14)

Council resolution of 22 December 1994 on the principles and timetable for the liberalization of telecommunications infrastructures (94/C 379/03; OJ No C 379, 31. 12. 1994, p. 4)

Council resolution of 22 December 1994 on further development of the Community's satellite communications policy, especially with regard to the provision of, and access to, space segment capacity (94/C 379/04; OJ No C 379, 31. 12. 1994, p. 5)

Basic policy documents published by the Commission:

Green Paper on the development of the common market for telecommunications services and equipment (COM(87) 290, 30. 6. 1987)

Green Paper on a common approach in the field of satellite communications in the European Community (COM(90) 490, 28. 11. 1990)

1992 Review of the situation in the telecommunications services sector (SEC(92) 1048, 21. 10. 1992) and communication to the Council and European Parliament on the consultation on the review of the situation in the telecommunications sector (COM(93) 159 final, 28. 4. 1993)

Green Paper on a common approach in the field of mobile and personal communications in the European Union (COM(94) 145, 27. 4. 1994)

Green Paper on the liberalization of telecommunications infrastructure and cable television networks: Part One (COM(94) 440, 25. 10. 1994)

Green Paper on the development of the single market for postal services (COM(91) 476, 11. 6. 1992)

Guidelines for the development of Community postal services; communications from the Commission to the Council and the European Parliament (COM(93) 247, 2. 6. 1993)

Green Paper on the liberalization of telecommunications infrastructure and cable TV networks, Part Two (COM(94) 682, 25. 1. 1995)

Communication on digital video broadcasting, a framework for Community policy (COM(93) 557 final, 17. 11. 1993)