A4-0142/96

Proposal for a European Parliament and Council Directive on a common framework for general authorizations and individual licences in the field of telecommunications services (COM(95)0545 - C4-0089/96 - 95/0282(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recitals 2a and 2b (new)

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2a. Whereas Member States will have to guarantee the independence of the national regulatory authorities by meeting the following conditions:

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- the national regulatory authorities will be legally separate from and functionally independent of all organizations supplying telecommunications networks, equipment and/or services; they shall be in possession of all necessary resources, in terms of staffing, expertise, and financial means to fulfil their mission with complete autonomy;

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- Member States which maintain ownership of, or a significant degree of control over, organizations which supply telecommunications networks, equipment and/or services shall ensure that there is an effective structural separation between the regulatory functions and the activities associated with exercising rights of ownership and of control;

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2b. Whereas national regulatory authorities play a crucial role in facilitating and stimulating competition in the telecommunications market and therefore need to play an active role in the identification and analysis of market distortions;

(Amendment 2)

Recital 5

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5. Whereas this Directive therefore will make a significant contribution to the entry of new operators into the market, as part of the development of the information society;

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5. Whereas this Directive therefore will make a significant contribution to the entry of new operators into the market, as part of the development of the information society, bearing in mind that major obstacles still exist for new operators in the sectors that have already been open to competition, as well as in those member countries where national schemes of liberalization of telecommunications have been implemented, such as the differentiated tariff policy of the incumbent operator, the delay in introducing of number portability, insufficient transparency and high costs for interconnection, and the lack of an asymmetrical treatment;

(Amendment 3)

Recital 5a (new)

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5a. Whereas such asymmetrical treatment is not justified when newcomers have all the characteristics necessary for a rapid entry on to the market, such as significant financial resources or a dominant position on a protected market other than that for telecommunications, or a consistent customer base, nor where the market provides economic alternatives to using the resources of a dominant operator;

(Amendment 4)

Recital 12

>Original text>

12. Whereas Member States should be allowed to impose specific conditions on undertakings providing public telecommunications networks and telecommunications services because of their market power; whereas the market power of an undertaking depends on a number of factors including its share of the relevant product market or service market in the relevant geographical market, its turnover relative to the size of the market, its ability to influence market conditions, its control of the means of access to end-users, its access to financial resources, and its experience in providing products and services in the market; whereas, for the purpose of this Directive, an undertaking with a share of more than 25% of a particular telecommunications market in the geographical area in a Member State within which it is authorized to operate would be presumed to enjoy significant market power, unless its national regulatory authority determined, in accordance with the Community competition rules, that this was not the case; whereas, for an undertaking falling below this threshold market share, the national regulatory authority may nevertheless, albeit only for the purposes of applying the provisions of European Parliament and Council Directive .... on interconnection to public telecommunications networks and public telecommunications services in the context of Open Network Provision (ONP), determine that the undertaking enjoyed significant market power;

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12. Whereas Member States should be allowed to impose specific conditions on undertakings providing public telecommunications networks and telecommunications services because of their market power, the market power of an undertaking being defined by the provisions of European Parliament and Council Directive .... on interconnection to public telecommunications networks and public telecommunications services in the context of Open Network Provision (ONP);

(Amendment 5)

Recital 13

>Original text>

13. Whereas telecommunications services have a role to play in strengthening social and economic cohesion, inter alia by furthering the achievement of universal service, in particular in remote, peripheral, landlocked and rural areas and islands; whereas Member States should therefore be allowed to impose universal service obligations by means of individual licences;

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13. Whereas telecommunications services have a role to play in strengthening social and economic cohesion, inter alia by furthering the achievement of universal service, in particular in remote, peripheral, landlocked and rural areas and islands; whereas Member States should therefore be allowed to impose obligations to provide the universal service by means of individual licences; whereas obligations to contribute to the financing of the universal service are not a justification for imposing individual licences;

(Amendment 6)

Recital 19

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19. Whereas the functioning of this Directive should be reviewed in due course; in the light of the development of the telecommunications sector and of trans-European networks, as well as in the light of experience gained from the harmonization and one-stop-shopping procedures set out in this Directive;

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19. Whereas the functioning of this Directive should be reviewed in due course; in the light of the development of the telecommunications sector and of trans-European networks, as well as in the light of experience gained from the harmonization and one-stop-shopping procedures set out in this Directive; whereas it seems reasonable that, when this Directive is reviewed, the possibility of the creation of a European regulatory authority is considered;

(Amendment 7)

Article 1

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This Directive concerns the procedures associated with the granting of authorizations and the conditions attached to such authorizations, for the purpose of providing telecommunications services.

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This Directive concerns the procedures associated with the granting of authorizations and the conditions attached to such authorizations, for the purpose of providing telecommunications services and for the establishment and/or operation of any infrastructure for the provision of telecommunications services.

(Amendment 8)

Article 2(1)(b)

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(b) 'national regulatory authority' means the body or bodies, legally distinct and functionally independent of the telecommunications organizations, charged by a Member State with the granting of, and supervision of compliance with, authorizations;

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(b) 'national regulatory authority' means the body or bodies, legally distinct and functionally independent of the telecommunications organizations, charged by a Member State with the granting of, and supervision of compliance with, authorizations. The national regulatory authority shall be legally separate from and functionally independent of all organizations supplying telecommunications networks, equipment and/or services; they shall be in possession of all necessary resources, in terms of staffing, expertise and financial means to fulfil their duties with complete autonomy; Member States which maintain ownership of, or a significant degree of control over, organizations which supply telecommunications networks, equipment or services shall ensure that there is an effective structural separation between the regulatory functions and the activities associated with exercising rights of ownership and activities of control;

(Amendment 9)

Article 2(1)(e)

>Original text>

(e) 'telecommunications services' means services whose provision consists wholly or partly in the transmission and/or routing of signals on telecommunications networks;

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(e) 'telecommunications services' means services whose provision consists wholly or partly in the transmission and/or routing of signals on telecommunications networks. This Directive does not apply to radio and television broadcasting;

(Amendment 10)

Article 2(1)(g)

>Original text>

(g) 'universal service' means a defined minimum service or set of services of specified quality which is accessible to all users everywhere and, in the light of specific national conditions, at an affordable price.

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(g) 'universal service' means a defined minimum service or set of services of specified quality which is accessible to all users everywhere and at an affordable price.

(Amendment 11)

Article 4(2)

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2. Member States shall ensure that the conditions attached to general authorizations are published in an appropriate manner so as to provide easy access to that information for interested parties. Reference to the publication of this information shall be made in the national official gazette of the Member State concerned.

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2. Member States shall ensure that the conditions attached to general authorizations are published in an appropriate manner so as to provide easy access to that information for interested parties. Reference to the publication of this information shall be made in the national official gazette of the Member State concerned and in the Official Journal of the European Communities.

(Amendment 12)

Article 5(4)

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4. Member States shall ensure that the information concerning the procedures relating to general authorizations is published in an appropriate manner, so as to provide easy access to that information. Reference to the publication of this information shall be made in the national official gazette of the Member State concerned.

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4. Member States shall ensure that the information concerning the procedures relating to general authorizations is published in an appropriate manner, so as to provide easy access to that information. Reference to the publication of this information shall be made in the national official gazette of the Member State concerned and in the Official Journal of the European Communities.

(Amendments 13, 36 and 39)

Article 7(1)

>Original text>

1. Member States may, in addition to conditions attached to general authorizations for the telecommunications services, including those services mentioned in Annex II, require individual licences imposing conditions as listed in Annex I, point 4, but only for the following purposes:

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1. Member States may, in addition to conditions attached to general authorizations, require individual licences imposing conditions as listed in Annex I, point 4, but only for the following purposes:

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(a) to allow the licensee access to specific radio frequencies or numbers;

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(a) to allow the licensee access to specific radio frequencies or numbers;

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(b) to give the licensee particular rights with regard to access to public or private land;

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(b) to give the licensee particular rights with regard to access to public or private land;

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(c) to grant the licensee rights to provide public telecommunications infrastructure between the Community and third countries;

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(c) to grant the licensee rights to provide public telecommunications infrastructure and telephone services between the Community and third countries;

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(d) to impose obligations on the licensee relating to the mandatory provision of public telecommunications services;

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(d) to impose obligations and requirements on the licensee relating to the consideration of regional planning and environmental aspects and the mandatory provision of public telecommunications services as defined in Annex I, points 4.5 and 4.8;

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(e) to impose specific obligations, in conformity with Community competition rules, where the licensee has significant market power in relation to the provision of public telecommunications networks and telecommunications services.

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(e) to impose specific obligations, in conformity with Community competition rules, where the licensee has significant market power as defined by the provisions of European Parliament and Council Directive .... on interconnection to public telecommunications networks and public telecommunications services in the context of Open Network Provision in relation to the provision of public telecommunications networks and telecommunications services.

(Amendment 14)

Article 7(2)

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2. Undertakings wishing to provide services which are not yet covered by a general authorization and which cannot be provided without authorization, or wishing to enjoy additional rights not granted by the applicable general authorization, may apply for an individual licence.

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2. National regulatory authorities must within two weeks grant a temporary individual licence to undertakings wishing to provide services which are not yet covered by a general authorization and which cannot be provided without authorization, or wishing to enjoy additional rights not granted by the applicable general authorization, or prove that the service has to be subject to an individual licence procedure for the purposes of paragraph 1. Member States shall lay down an appropriate procedure for appealing against a negative decision to an institution independent of the national regulatory authority.

(Amendment 15)

Article 7(3)

>Original text>

3. In the situations addressed in paragraph 2 Member States shall, as rapidly as possible, either consent to the provision of the service concerned or the establishment and/or operation of infrastructure concerned without authorization, or grant the relevant general authorizations in accordance with Section II.

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3. In the situations addressed in paragraph 2 Member States shall, within one month, either consent to the provision of the service concerned or the establishment and/or operation of infrastructure concerned without authorization, or grant the relevant general authorizations in accordance with Section II.

(Amendment 16)

Article 9(3), second indent

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- it shall set reasonable time limits; inter alia it shall communicate to the applicant a decision on the application as soon as possible but not later than six weeks after it has received the application.

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- it shall set reasonable time limits; inter alia it shall communicate to the applicant a decision on the application as soon as possible but not later than six weeks after it has received the application. Extension is possible in situations that are set out in advance, in particular to ensure transparency and coordination with other Member States.

(Amendment 17)

Article 10(1)

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1. Member States may a priori limit the number of individual licences for any category of telecommunications services, only to the extent required to ensure the efficient use of radio frequencies and in conformity with Community competition rules.

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1. Member States may a priori limit the number of individual licences for any category of telecommunications services, and for the establishment and/or operation of telecommunications infrastructure, only to the extent required to ensure the efficient use of radio frequencies and in conformity with Community competition rules.

(Amendment 18)

Article 10(2), introduction

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2. Where a Member State intends to limit the number of individual licences granted, it shall:

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2. Where a Member State is entitled by virtue of the preceding paragraph to limit the number of individual licences granted, it shall:

(Amendment 19)

Article 10(4)

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4. Where a Member State finds, either on its own initiative or following a request by an undertaking, either at the time of entry into force of this Directive or at a later time, that the number of individual licences can be increased, it shall publish this fact and invite applications for additional licences.

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4. Member States shall periodically review whether any opportunities exist to increase the availability of frequencies. They shall inform the Commission every two years on the situation and any measures taken. Where a Member State finds that the number of individual licences can be increased, it shall publish this fact and invite applications for additional licences.

(Amendment 20)

Article 11, second paragraph

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In addition, where resources are scarce, Member States may allow their national regulatory authorities to impose, in a non-discriminatory manner, a fee for the granting of an individual licence. This fee shall reflect the need for the optimal use of this resource as well as for the introduction and development of innovative services and competition.

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In addition, where resources are scarce as defined in Article 7(1)(a) and (b), Member States may allow their national regulatory authorities to impose, in a non-discriminatory manner, a fee for the granting of an individual licence. This fee shall reflect the need for the optimal use of this resource as well as for the introduction and development of innovative services and competition.

(Amendment 21)

Article 13, Title

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Coordination of authorization procedures

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Coordination of general authorization procedures and individual licence procedures

(Article 13 to be moved and placed after Article 15)

(Amendment 22)

Article 13(1)

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1. An undertaking intending to provide a telecommunications service or to establish a telecommunications infrastructure in more than one Member State may request the national regulatory authorities concerned to coordinate their authorizations procedures in order to issue the necessary authorizations on substantially the same conditions.

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1. Pending harmonization on the basis of Article 14, the national regulatory authority concerned shall allow derogations to their general authorizations at the request of an undertaking intending to provide a telecommunications service or to establish a telecommunications infrastructure in more than one Member State in order to enable the undertaking to operate in the Member States concerned on substantially the same conditions.

(Amendment 23)

Article 14, Title

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Harmonization

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Harmonization of general authorizations and procedures

(Amendment 24)

Article 14(2), first subparagraph

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2. Wherever necessary, the conditions attached to general authorizations for the provision of the telecommunications services listed in Annex II, the procedures for the grant of general authorizations and individual licences, and the setting of fees shall be harmonized.

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2. Wherever necessary, with a view to ensuring light-handed regulation, the conditions attached to general authorizations for the provision of the telecommunications services listed in Annex II, the procedures for the grant of general authorizations and individual licences, and the setting of fees shall be harmonized.

(Amendment 25)

Article 14(4)

>Original text>

4. The provisions of paragraph 3 shall lapse on 1 January 2001, unless the Commission has proposed to maintain or to modify it in the report referred to in Article 22.

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4. The provisions of paragraph 3 shall lapse on 1 January 2000, unless the Commission has proposed to maintain or to modify it in the report referred to in Article 22.

(Amendment 26)

Article 16

>Original text>

The Commission shall be assisted by a committee of an advisory nature composed of representatives of the national regulatory authorities of the Member States and chaired by a representative of the Commission. The Committee shall be called the European Union Telecommunications Committee (hereinafter referred to as 'the Committee¨).

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The Commission shall be assisted by a committee of an advisory nature composed of one representative of the national regulatory authorities per Member State and chaired by the representative of the Commission. The Committee shall be called the European Union Telecommunications Committee (hereinafter referred to as 'the Committee¨).

(Amendment 27)

Article 17(1), third subparagraph a (new)

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Meetings of the committee shall be held in public except in the case of a specific decision to the contrary, duly argued and 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 the interests of its members.

(Amendment 28)

Article 20(3)

>Original text>

3. At the request of a Member State or on its own initiative the Commission shall examine any conditions, criteria and/or procedures set out in a national authorization, in particular with regard to the justifiability of the measures and their compliance with the principle of proportionality. The Commission shall, within one month of receipt of a request and following the procedure set out in Article 17, decide whether the Member State may continue to apply the measure. The Commission shall communicate its decision to the Council and to the Member States.

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3. At the request of a Member State or on its own initiative the Commission may examine at any time any conditions, criteria and/or procedures set out in a national authorization, in particular with regard to the justifiability of the measures and their compliance with the principle of proportionality. The Commission shall, within one month of receipt of a request and following the procedure set out in Article 17, decide whether the Member State may continue to apply the measure. The Commission shall communicate its decision to the Council and to the Member States.

(Amendment 29)

Article 21

>Original text>

Member States shall make all necessary efforts to bring authorizations in force at the date of entry into force of this Directive into line with its provisions before 1 January 1999. Obligations which have not been brought into line by that date with the provisions of this Directive shall be inoperative. Where justified, Member States may be granted by the Commission, upon request, a deferment of the provisions of this Article.

>Text following EP vote>

Member States shall make all necessary efforts to bring authorizations in force at the date of entry into force of this Directive into line with its provisions before 1 July 1998. Obligations which have not been brought into line by that date with the provisions of this Directive shall be inoperative. Where justified, Member States may be granted by the Commission, upon request, a deferment of the provisions of this Article.

(Amendment 30)

Article 22(2)

>Original text>

2. Before 1 January 2000 the Commission will review whether an amendment of the provisions of this Directive is necessary, on the basis of a report to be supplied to the European Parliament and Council. The report shall include an assessment, on the basis of the experience gained, of the need for further development of the regulatory structures as regards authorizations, in particular in relation to harmonization and to trans-European services and networks.

>Text following EP vote>

2. Before 1 January 2000 the Commission will review whether an amendment of the provisions of this Directive is necessary, on the basis of a report to be supplied to the European Parliament and Council. The report shall include an assessment, on the basis of the experience gained, of the need for further development of the regulatory structures as regards authorizations, in particular in relation to harmonization and to trans-European services and networks, the institutional arrangements, as well as numbering plans and number portability.

(Amendment 31)

Article 24

>Original text>

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 1997. They shall immediately inform the Commission thereof.

>Text following EP vote>

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive and publish the conditions and procedures attached to authorizations by 1 July 1997. They shall immediately inform the Commission thereof.

>Original text>

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

>Text following EP vote>

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

>Original text>

2. Member States shall notify to the Commission a list of representatives to the European Union Telecommunications Committee not later than two months after publication of this Directive.

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Deleted

(Amendment 32)

Annex I(4.5a.) (new)

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(4. 5a.) Compliance with substantive obligations concerning coverage of low population areas in particular.

(Amendment 33)

Annex I(4.6.)

>Original text>

(4. 6) Conditions applied to operators having a significant market position, as notified by Member States under the directive on interconnection, aiming at ensuring interconnection or specific monitoring requirements.

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(4. 6) Conditions applied to operators having a significant market position, as notified by Member States under the directive on interconnection, aiming at ensuring interconnection or the control of significant market power.

(Amendment 34)

Annex I(4.9a.) (new)

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(4. 9a.) Specific conditions related to the supply of leased lines in conformity with Directive 92/44/EEC as modified by Directive 96/.../EC amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications.

(Amendment 35)

Annex I(4.9b.) (new)

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(4. 9b.) In the countries where such requirements already apply to the owners of exclusive or special rights at the time of the entry into force of this Directive, contribution by the holder towards telecommunications research and training.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive on a common framework for general authorizations and individual licences in the field of telecommunications services (COM(95)0545 - C4-0089/96 - 95/0282(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(95)0545 - 95/0282(COD) ((OJ C 90, 27.3.1996, p. 5.)),

- having regard to Articles 189b(2), 57(2), 66 and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4- 0089/96),

- 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 Budgets and the Committee on Transport and Tourism (A4-0142/96),

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.