13. Considers that, whichever alternative solution is chosen, a transitional period should be envisaged to
enable all operators (carriers, shippers and other industry players) to adapt to the new regulatory framework;
14. Calls upon the Commission, within its terms of reference and on the basis of undertakings under the
Code of Conduct for Liner Conferences to hold discussions with the other contracting parties before propos-
ing amendment or repeal of Regulation (EEC) No 4056/86; believes that those discussions should seek tofind the most appropriate method of adaptation for Member States (those than still have bilateral commit-ments under the Code of Conduct) to the possible new legal status, with a view to avoiding any adverseconsequences;
International tramp vessel and cabotage services
15. Points out that the tramp sector remains overwhelmingly deregulated and operates on the basis of
the rules of fair competition; supports the Commission proposal for these services to be brought within thescope of Regulation (EC) No 1/2003;
16. Considers it to be in the interests of legal certainty and clarity that the Commission should establish,
in a single process, guidelines as regards the compatibility of bulk pools and specialised trades with the rulesof competition, subject to the proviso, however, that it should not do so until the proposals have beenpublished and consultations held with the circles concerned;
17. Points out that the cabotage services sector has already been deregulated pursuant to Regulation (EEC)
No 3577/92; takes the view that given that these services are carried out between ports in one and the sameMember State, intra-Community trade between the Member States is not affected (Articles 81 and 82 of theTreaty) and consequently there is no need or legal obligation for this sector to be brought within the scopeof Regulation (EC) No 1/2003;
Purely technical agreements
18. Calls upon the Commission not to continue with the proposal to abolish the arrangements contained
in Article 2 of Regulation (EEC) No 4056/86 governing the legality of technical agreements, since it believesthat retaining a purely legal framework governing technical agreements will contribute to legal certainty anda better orientation for service providers;
Conflict of laws
19. Calls upon the Commission not to continue with the proposal to repeal Article 9 of Regulation (EEC)
No 4056/86 which provides for negotiations to be held in the event of a conflict between Community lawand the law of third countries, especially in view of the Commission's intention to revise competition lawrelating to maritime transport;
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20. Instructs its President to forward this resolution to the Council and the Commission.
P6_TA(2005)0467
Electronic communications
European Parliament resolution on European electronic communications regulation and markets
2004 (2005/2052(INI))
The European Parliament ,
— having regard to the communication from the Commission, entitled ‘European Electronic Communi-
cations Regulation and Markets 2004 ’(COM(2004)0759),
— having regard to the Presidency Conclusions of the Brussels European Council of 22 and 23 March
2005,22.11.2006 EN C 285 E/143 Official Journal of the European Union
Thursday 1 December 2005
— having regard to the High-Level Group report of November 2004 on the Lisbon Strategy,
— having regard to its resolution of 18 November 2003 on the eighth report from the Commission on
the implementation of the telecommunications regulatory package (1),
— having regard to its resolution of 12 February 2003 on the full roll-out of third generation mobile
communications (2),
— having regard to Directive 2002/19/EC of the European Parliament and of the Council of 7 March
2002 on access to, and interconnection of, electronic communications networks and associated facil-ities (Access Directive) (
3),
— having regard to Directive 2002/20/EC of the European Parliament and of the Council of 7 March
2002 on the authorisation of electronic communications networks and services (Authorisation Direc-
tive) (4),
— having regard to Directive 2002/21/EC of the European Parliament and of the Council of 7 March
2002 on a common regulatory framework for electronic communications networks and services(Framework Directive) (
5),
— having regard to Directive 2002/22/EC of the European Parliament and of the Council of 7 March
2002 on universal service and users' rights relating to electronic communications networks and services(Universal Service Directive) (
6),
— having regard to the Presidency Conclusions of the Lisbon European Council of 23 and 24 March
2000,
— having regard to the Commission Decision of 29 July 2002 establishing the European Regulators
Group for Electronic Communications Networks and Services (7),
— having regard to Rule 45 of its Rules of Procedure,
— having regard to the report of the Committee on Industry, Research and Energy and the opinion of the
Committee on Legal Affairs (A6-0305/2005),
A. whereas the procedures for transposing and implementing Community law vary from one Member
State to the next, a situation which is jeopardising the completion of a genuine single market in elec-tronic communications,
B. whereas the Commission plays a central role in the implementation and proper application of the
regulatory framework,
C. whereas the Commission may initiate infringement proceedings against Member States which fail to
apply the relevant legislation or do so incorrectly,
D. whereas, under the procedure described in Article 7 of the Framework Directive, the Commission
assesses the measures which national regulatory authorities (NRAs) plan to take,
E. whereas this provision serves as a flexible instrument enabling the regulator to intervene in the market
where free competition may be under threat,
F. whereas these aspects of regulation are valuable in enabling the regulator to intervene correctly in an
evolving market where recent technological innovation will make it possible to provide new services forconsumers,
(1) OJ C 87 E, 7.4.2004, p. 65.
(2) OJ C 43 E, 19.2.2004, p. 260.
(3) OJ L 108, 24.4.2002, p. 7.
(4) OJ L 108, 24.4.2002, p. 21.
(5) OJ L 108, 24.4.2002, p. 33.
(6) OJ L 108, 24.4.2002, p. 51.
(7) OJ L 200, 30.7.2002, p. 38.C 285 E/144 EN 22.11.2006 Official Journal of the European Union
Thursday 1 December 2005
G. whereas this regulatory system makes it possible to adjust the application of remedies on the basis of
the principle of proportionality, and to scale down the regulatory burdens when competition trends inthe market justify doing so,
H. whereas NRAs decide quite independently to intervene in the markets and whereas the criterion on
which such intervention is based is that it should be proportionate to the objectives pursued,
I. whereas the procedure for appeals against NRA decisions is a lengthy one, and whereas in some
Member States such decisions are systematically suspended pending the outcome of the appeal,
J. whereas the delays in implementation and market analysis are a serious obstacle to the creation of a
single market in electronic communications, creating different operating conditions for companies inthe various Member States and uncertainties as regards the regulatory approach adopted during thetransitional period,
K. whereas a clear regulatory framework will create the conditions to encourage operators to make further
investments, and whereas this is vital to enable the European electronic communications industry toplay a leadership role in the international arena,
L. whereas by interpreting and applying infrastructure regulations for electronic communications the
Commission can make a substantial contribution to securing and promoting media pluralism,
M. whereas, despite the measures taken by NRAs to reduce excessively high roaming charges in the EU, the
rates for calls to or from abroad remain too high, and noting the existing risks of anti-competitiveagreements and abuse of dominant positions,
N. whereas a correctly regulated single market can safeguard fair service and price conditions for all con-
sumers, by providing them with the necessary transparency and security,
O. whereas the legal framework helps to determine the emergence and continuance of media pluralism,
P. whereas the Commission states in its White Paper on services of general interest (COM(2004)0374) that
the aim of creating an open and competitive internal market is compatible with that of developinggeneral interest services, and it is therefore essential to safeguard the fair price and service conditionsfor consumers, such as will create a single telecommunications market covering the entire Europeanterritory, so as to reduce the digital divide, a priority aim for the European Union,
1. Shares the concerns expressed by the Commission in its abovementioned communication; fully sup-
ports the Commission in its role as a driving force for regulation, both as regards the correct interpretationof the new rules and the need to ensure their uniform application in a manner consistent with the objec-tives of electronic communications regulation, by means of timely and constant monitoring;
The institutional framework
2. Stresses the need to open an institutional debate aimed at strengthening and clarifying both the Euro-
pean institutional model in the electronic communications sector and the relevant regulatory framework,and at identifying the best ways of achieving this goal;
Commission
3. Calls therefore for the Commission's role to be strengthened and stresses that it should play a central
role as the guardian of Community legislation, whereas the European Regulators Group (ERG) should con-tinue to act as a consultative and advisory body for the Commission in accordance with Decision 2002/627/EC, with the goal of consistent and coherent application of the regulatory framework under Article 7(2)of the Framework Directive;22.11.2006 EN C 285 E/145 Official Journal of the European Union
Thursday 1 December 2005
4. Fully supports the Commission's activities both in bringing proceedings against Member States failing
to comply and in analysing the notifications from NRAs pursuant to Article 7 of the Framework Directive;calls on the Commission to remain vigilant so as to ensure that measures relating to national markets donot jeopardise the completion of the single market in electronic communications;
ERG
5. Stresses that the composition and functions of the ERG and the Independent Regulators Group (IRG)
overlap to a large extent and that it is therefore necessary to avoid any duplication of effort and unnecessaryuse of limited administrative resources; with this in mind, recommends that agreement be reached on thegradual merging of the ERG and IRG;
6. Stresses the need for the ERG to confine itself to consultative activities, involving all parties concerned
as fully and as transparently as possible, and to pursuing activities specifically entrusted to it under theregulatory framework;
Parliament
7. Calls on the Commission to submit to Parliament its annual report on progress in implementing the
regulatory framework as soon as it is adopted, together with any other reports concerning the analysis ofthe functioning of the electronic communications market, so that Parliament can be involved promptly in
the monitoring process;
8. Welcomes the rapid increase in broadband penetration; asks the Commission to inform the Parliament
of its activities in monitoring the development of the broadband sector and of the action taken in thisrespect;
Member States and NRAs
9. Regrets the fact that some Member States have not yet fully transposed the regulatory framework or
have not applied it properly, and calls on these Member States to comply immediately with Community lawon electronic communications;
10. Calls on the Member States to provide adequate support for the activities of NRAs, whose limited
resources do not enable them to complete the tasks assigned to them quickly; calls also on the MemberStates to introduce the measures needed to speed up the timescale for appeals procedures concerning NRAdecisions;
11. Urges the Member States to guarantee the total independence of NRAs and calls on the Commission
to monitor the situation closely and keep Parliament informed;
12. Encourages the NRAs and the Commission to carry out better impact assessments and benchmarking
concerning the obligations proposed and their efficiency and effectiveness for the markets;
13. Calls on the Member States to comply with the principles of transparency and proportionality and
justify the administrative charges imposed on operators for authorisation of services, while respecting publicinterest concerns; and calls on the Commission to carry out checks in this area without delay;
14. Stresses the importance of adequate frequency allocation for public-interest services, open, transpar-
ent and non-discriminatory procedures, and the need for sufficient flexibility when allocating radio fre-quencies and granting licences;
15. Recommends that the Member States, the Commission and NRAs take account of the need for the
regulatory framework to attract and safeguard investment; stresses the need to encourage investments ininfrastructure, with particular reference to broadband, third generation mobile telephony and other emerg-ing markets, while taking account of services of general economic interest;C 285 E/146 EN 22.11.2006 Official Journal of the European Union
Thursday 1 December 2005
16. Stresses the need to safeguard regulated services even though technology is changing, especially when
it comes to the access network; hence, considers it important to maintain the possibility to give alternativeoperators access to the new infrastructure on fair and reasonable terms;
17. Points out that regulatory intervention should focus on eliminating distortions that prevent fair com-
petition, taking into account in particular the need to encourage the development of emerging markets andequal opportunities for market participants;
18. Points out that the development of third generation mobile telephony is sometimes hampered by
national and local provisions as regards authorisations to establish infrastructures and strict criteria for the
granting of licences; calls therefore on the competent authorities to remedy the situation and remove
obstacles to the full development of 3G communications;
19. Calls on the Member States to ensure that the sites for installations intended to support the mobile
telephony network are selected with due regard for health and the environment and in accordance withtransparent urban planning procedures; calls on the Commission to monitor these activities and report onthem regularly to the European Parliament; stresses the need for information on radiation values to be madepublic;
20. Welcomes the voluntary codes to protect users from unsolicited commercial communications and
calls for EU-wide transposition of the opt-in rules;
21. Stresses the importance of data privacy in relation to the growing number of requests for data
retention, and notes the long-established cooperation by e-communications operators with law-enforcementauthorities within a clear legal framework and on a case-by-case basis; recognises that mandatory data-retention obligations would be detrimental to civil liberties and give rise to significant costs for operators;concludes that the introduction of any data-retention rules should be by way of codecision with the Euro-pean Parliament;
Industry and consumers
22. Stresses that the information and communications technology (ICT) sector serves as an engine for the
European economy, contributing significantly to growth and job creation;
23. Points out that European legislation on electronic communications seeks to promote competition
among firms, while at the same time ensuring a high level of protection for consumers;
24. Calls on the Commission to carry out and present to Parliament, with the aim of protecting users'
rights, studies on a regular basis, in which, as a minimum, the following parameters are analysed: trans-parency of invoicing, contract guarantees and trends in prices and markets, for broadband and fixed andmobile telephony;
25. Welcomes the increase in unbundled local loops, but stresses that there must be further development
in order to ensure competitive markets for customers;
26. Calls on telecommunications services providers to take account of the interests of disabled users as
regards choice, price and benefits in terms of quality and accessibility of telecommunications services, andcalls on the regulatory authorities to consult disabled people's representatives when assessing service provi-sion;
27. Calls on 3G service providers to devise price-to-service ratios permitting broadband to be received by
as many people in as many places as possible, thus putting an end to geographical borders for broadband;22.11.2006 EN C 285 E/147 Official Journal of the European Union
Thursday 1 December 2005
28. Stresses that it is vital for operators to adopt transparent pricing practices and for consumers to be
fully and clearly informed about the services offered and the prices charged, particularly as regards costs;concerning international roaming services, is carefully following the recent procedures of the Commissionas regards the rules on abuse of dominant position (Article 82 of the Treaty) and the Statement of Objec-tions; calls on the Commission and the Member States to analyse which structural changes are needed inorder to ensure adequate and transparent roaming charges; furthermore, urges the Council to instruct theCommission to draw up an action plan and timetable that will enable consumers to benefit from inter-national roaming at the best possible cost and as soon as possible, throughout European territory, withcontinuity of service;
29. Calls again on the Commission and NRAs to strive to ensure that further progress is made with
regard to number portability, both for fixed and mobile telephony, and charges for call termination onnetworks;
30. Points out that a functioning mobile number portability system is vital to healthy competition
between mobile operators and stresses, therefore, that the charges for transferring numbers should be setat a low level, or at zero, in all Member States, and that the time required for transferring numbers shouldbe shortened in some Member States;
31. Calls on the Commission to take action to lower the charges for termination of mobile-phone con-
tracts, which remain high in many Member States and should be linked to the costs incurred;
32. Points out that in its White Paper on services of general interest the Commission stated that the goal
of creating an open and competitive internal market was compatible with that of developing accessible,high-quality and affordable general interest services and regulatory intervention should therefore take both
into account;
33. Awaits the conclusions of the study into the ways in which Member States interpret the general
interest objectives when imposing must-carry obligations;
34. Welcomes the Commission's initiative on transparency in the international roaming sector, which
will provide consumers with useful information on retail tariffs applied by different mobile telephony oper-
ators in the various EU countries, and calls, in particular, on service providers to reduce roaming charges, so
that economic and social cooperation between the Member States is not restricted by high charges; calls onthe Commission to develop new initiatives in order to reduce the high costs of cross-border mobile tele-phone traffic, so that a real internal market for consumers with affordable roaming charges for mobiletelephony can soon be realised;
35. Points out that all European citizens must have access to the services of the information society, and
that this means using consumer-friendly regulation to reduce the digital gap, particularly for disabled andolder people; takes the view that supporting an open European standard to establish interoperability inservices, transmission platforms and terminals will make a vital contribution to achieving that aim;
36. Calls on the Commission to investigate how to proceed in order to develop the different national
markets in this sector into an internal market without borders and with common legislation and regu-lations, allowing operators to act and compete in a single market;
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37. Instructs its President to forward this resolution to the Council, the Commission, the governments
and parliaments of the Member States, the European Regulators Group and the relevant national regulatoryauthorities.C 285 E/148 EN 22.11.2006 Official Journal of the European Union
Thursday 1 December 2005