Amendment 7
Article17, paragraph2
2. Where application of paragraph1 results in a reduction
of the rights or an extension of the obligations under authori-sations already in existence, Member States may extend thevalidity of those rights and obligations until at the latest12 months after the date of application referred to in Arti-
cle18(1), second subparagraph, provided that the rights ofother undertakings under Community law are not affectedthereby. Member States shall notify such extensions to the
Commission and state the reasons therefore.2. Where application of paragraph1 results in a reduction
of the rights or an extension of the obligations under authori-sations already in existence, Member States may extend thevalidity of those rights and obligations until at the latest9 months after the date of application referred to in Arti-
cle18(1), second subparagraph, provided that the rights ofother undertakings under Community law are not affectedthereby. Member States shall notify such extensions to the
Commission and state the reasons therefore.
11. Universal service and users’ rights relating to electronic communications net-
works and services ***II
A5-0438/2001
European Parliament legislative resolution on the Council common position with a view to the
adoption of a European Parliament and Council directive on universal service and users’ rightsrelating to electronic communications networks and services (universal service directive) (10421/
1/2001 Rdash C5-0418/2001 Rdash 2000/0183(COD))
(Codecision procedure: second reading)
The European Parliament,
9dash having regard to the Council common position (10421/1/2001 9dash C5-0418/2001)(
1),
9dash having regard to its position at first reading(2) on the Commission proposal to Parliament and the
Council (COM(2000)392)(3),
9dash having regard to the Commission’s amended proposal (COM(2001)503)(4),
9dash having regard to Article251(2) of the EC Treaty,9dash having regard to Rule 80 of its Rules of Procedure,9dash having regard to the recommendation for second reading of the Committee on Legal Affairs and the
Internal Market (A5-0438/2001),
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and Commission.
(1) OJ C 337, 30.11.2001, p.55.
(2) ‘Texts Adopted’, 13.6.2001, Item 7.
(3) OJ C 365 E, 19.12.2000, p. 238.
(4) OJ C 332 E, 27.11.2001, p. 292.25.7.2002 EN C177E/157 Official Journal of the European Communities
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Amendment 1
Recital 13
(13) Member States should take suitable measures in order to
guarantee access to and affordability of all publicly availabletelephone services at a fixed location for disabled users and
users with special social needs. Specific measures for disabled
users could include, as appropriate, making available publictext telephones or equivalent measures for deaf or speechimpaired people, providing services such as directory enquiryservices or equivalent measures free of charge for blind or par-tially sighted people, and providing itemised bills in alternativeformat on request for blind or partially sighted people. Specificmeasures may also need to be taken to enable disabled usersand users with special social needs to access emergencyservices ‘112’ and to give them a similar possibility to choosebetween different operators or service providers as other con-sumers. The provider of universal service should not takemeasures to prevent users from benefiting fully from servicesoffered by different operators or service providers, in com-bination with its own services offered as part of universal ser-vice.(13) Member States should take suitable measures in order to
guarantee access to and affordability of all publicly availabletelephone services at a fixed location for disabled users and
users with special social needs. Specific measures for disabled
users could include, as appropriate, making available accessible
public telephones, public text telephones or equivalent
measures for deaf or speech impaired people, providing ser-vices such as directory enquiry services or equivalent measuresfree of charge for blind or partially sighted people, and provid-ing itemised bills in alternative format on request for blind orpartially sighted people. Specific measures may also need to betaken to enable disabled users and users with special socialneeds to access emergency services ‘112’ and to give them asimilar possibility to choose between different operators or ser-vice providers as other consumers. Quality of service stan-
dards have been developed for a range of parameters toassess the quality of services received by subscribers andhow well undertakings designated as having universal serviceobligations perform in achieving these standards. Quality ofservice standards do not yet exist in respect of disabled users.
Performance standards and relevant parameters should be
developed for disabled users and are foreseen in Article11.Moreover, national regulatory authorities should be enabledto require publication of quality of service performance dataif and when such standards and parameters are developed.The provider of universal service should not take measures toprevent users from benefiting fully from services offered by dif-ferent operators or service providers, in combination with itsown services offered as part of universal service.
Amendment 36
Recital 33
(33) It is desirable to enable consumers to achieve the fullest
connectivity possible to digital television sets. Interoperability isan evolving concept in dynamic markets. Standards bodiesshould do their utmost to ensure that appropriate standardsevolve along with the technologies concerned. It is likewiseimportant to ensure that connectors are available on televisionsets that are capable of passing all the necessary elements of adigital signal, including the audio and video streams, con-ditional access information, service information, applicationprogram interface (API) information and copy protectioninformation. This Directive therefore ensures that the func-(33) It is desirable to enable consumers to achieve the fullest
connectivity possible to digital television sets. Interoperability isan evolving concept in dynamic markets. Standards bodiesshould do their utmost to ensure that appropriate standardsevolve along with the technologies concerned. It is likewiseimportant to ensure that connectors are available on televisionsets that are capable of passing all the necessary elements of adigital signal, including the audio and video streams, con-ditional access information, service information, applicationprogram interface (API) information and copy protectioninformation. This Directive therefore ensures that the func-C177E/158 EN 25.7.2002 Official Journal of the European Communities
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tionality of the open interface for digital television sets is not
limited by network operators, service providers or equipmentmanufacturers and continues to evolve in line with technologi-
cal developments.tionality of the open interface for digital television sets is not
limited by network operators, service providers or equipmentmanufacturers and continues to evolve in line with technologi-
cal developments. For display and presentation of digital
interactive television services, the realisation of a commonstandard through a market-driven mechanism is recognisedas a consumer benefit. Member States and the Commissionmay take policy initiatives, consistent with the Treaty, toencourage this development.
Amendment 4
Recital 36
(36) It is important that users should be able to call the single
European emergency number ‘112’, and any other nationalemergency telephone numbers, free of charge, from any tele-phone, including public pay telephones, without the use of anymeans of payment. Member States should have already madethe necessary organisational arrangements best suited to thenational organisation of the emergency systems, in order toensure that calls to this number are adequately answered andhandled. Caller location information, to be made available tothe emergency services, will improve the level of protectionand the security of users of ‘112’ services and assist the emerg-ency services in the discharge of their duties, provided that thetransfer of calls and associated data to the emergency services
concerned is guaranteed. Steady information technology
improvements will progressively support the simultaneoushandling of several languages over the networks at a reasonablecost. This in turn will ensure additional safety for Europeancitizens using the ‘112’ emergency call number.(36) It is important that users should be able to call the single
European emergency number ‘112’, and any other nationalemergency telephone numbers, free of charge, from any tele-phone, including public pay telephones, without the use of anymeans of payment. Member States should have already madethe necessary organisational arrangements best suited to thenational organisation of the emergency systems, in order toensure that calls to this number are adequately answered andhandled. Caller location information, to be made available tothe emergency services to the extent technically feasible, will
improve the level of protection and the security of users of‘112’ services and assist the emergency services in the dischargeof their duties, provided that the transfer of calls and associated
data to the emergency services concerned is guaranteed. The
reception and use of such information should comply withArticle9 of Directive 2001/…/EC (Data Protection Direc-tive).Steady information technology improvements will pro-
gressively support the simultaneous handling of several lan-guages over the networks at a reasonable cost. This in turnwill ensure additional safety for European citizens using the‘112’ emergency call number.
Amendment 6
Recital 43
(43) Currently, Member States impose certain ‘must carry’
obligations on networks for the distribution of radio or televi-sion broadcasts to the public. Member States should be able tolay down proportionate obligations on undertakings undertheir jurisdiction, in the interest of legitimate public policy con-siderations, but such obligations should only be imposed wherethey are necessary to meet general interest objectives clearly(43) Currently, Member States impose certain ‘must carry’
obligations on networks for the distribution of radio or televi-sion broadcasts to the public. Member States should be able tolay down proportionate obligations on undertakings undertheir jurisdiction, in the interest of legitimate public policy con-siderations, but such obligations should only be imposed wherethey are necessary to meet general interest objectives clearly25.7.2002 EN C177E/159 Official Journal of the European Communities
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defined by Member States in conformity with Community law
and should be proportionate, transparent and subject to period-ical review. ‘Must carry’ obligations imposed by Member States
should be reasonable, that is they should be proportionate and
transparent in the light of clearly defined general interest objec-tives, and could, where appropriate, entail a provision for pro-portionate remuneration.defined by Member States in conformity with Community law
and should be proportionate, transparent and subject to period-ical review. ‘Must carry’ obligations imposed by Member States
should be reasonable, that is they should be proportionate and
transparent in the light of clearly defined general interest objec-tives, and could, where appropriate, entail a provision for pro-portionate remuneration. Such ‘must carry’ obligations may
include the transmission of services specifically designed toenable appropriate access by disabled users.
Amendment 7
Recital 47
(47) In the context of a competitive environment, the views
of interested parties, including users and consumers, should betaken into account by national regulatory authorities whendealing with issues related to end-users’ rights. Effective pro-cedures should be available to deal with disputes between at
leastconsumers, on the one hand, and undertakings providing
publicly available communications services, on the other.Member States should take full account of Commission Recom-mendation 98/257/EC of 30 March 1998 on the principlesapplicable to the bodies responsible for out-of-court settlementof consumer disputes.(47) In the context of a competitive environment, the views
of interested parties, including users and consumers, should betaken into account by national regulatory authorities whendealing with issues related to end-users’ rights. Effective pro-cedures should be available to deal with disputes between con-sumers, on the one hand, and undertakings providing publiclyavailable communications services, on the other. MemberStates should take full account of Commission Recommen-dation 98/257/EC of 30 March 1998 on the principles appli-cable to the bodies responsible for out-of-court settlement ofconsumer disputes.
Amendment 8
Recital 47a (new)
(47a) Co-regulation could be an appropriate way of stimu-
lating enhanced quality standards and improved service per-formance. Co-regulation should be guided by the same prin-ciples as formal regulation, that is, it should be objective,justified, proportionate, non-discriminatory and transparent.
Amendment 9
Recital 47b (new)
(47b) This Directive provides for elements of consumer pro-
tection, including clear contract terms and dispute resolution,and tariff transparency for consumers. It also encourages theextension of such benefits to other categories of end-users, inparticular small and medium-sized enterprises.C177E/160 EN 25.7.2002 Official Journal of the European Communities
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Amendment 10
Article6, paragraph1
1. Member States shall ensure that national regulatory auth-
orities can impose obligations on undertakings in order toensure that public pay telephones are provided to meet thereasonable needs of end-users in terms of the geographicalcoverage, the number of telephones and the quality of services.1. Member States shall ensure that national regulatory auth-
orities can impose obligations on undertakings in order toensure that public pay telephones are provided to meet thereasonable needs of end-users in terms of the geographicalcoverage, the number of telephones, the accessibility of such
telephones to disabled users and the quality of services.
Amendment 37
Article9, paragraph1
1. National regulatory authorities shall monitor the evol-
ution of retail tariffs of the services identified in Articles4, 5,6 and 7 as falling under the universal service obligations and
provided by designated undertakings, in particular in relation
to national consumer prices and income.1. National regulatory authorities shall monitor the evol-
utionand levelof retail tariffs of the services identified in Arti-
cles4, 5, 6 and 7 as falling under the universal service obli-
gations and provided by designated undertakings, in particular
in relation to national consumer prices and income.
Amendment 13
Article11, paragraph1
1. National regulatory authorities shall ensure that all desig-
nated undertakings with obligations under Articles4, 5, 6, 7and 9(2) publish adequate and up-to-date information concern-ing their performance in the provision of universal service,based on the quality of service parameters, definitions andmeasurement methods set out in Annex III. The publishedinformation shall also be supplied to the national regulatoryauthority. National regulatory authorities may specify, interalia,thequality of service parameters to be measured, and
the content, form and manner of information to be published,in order to ensure that end-users have access to comprehen-sive, comparable and user-friendly information.1. National regulatory authorities shall ensure that all desig-
nated undertakings with obligations under Articles4, 5, 6, 7and 9(2) publish adequate and up-to-date information concern-ing their performance in the provision of universal service,based on the quality of service parameters, definitions andmeasurement methods set out in Annex III. The publishedinformation shall also be supplied to the national regulatoryauthority.
1a.National regulatory authorities may specify, inter alia,
additional quality of service standards, where relevant para-
meters have been developed, to assess the performance of
undertakings in the provision of services to disabled end-
users and disabled consumers. National regulatory authoritiesshall ensure that information concerning the performance ofundertakings in relation to these parameters is also publishedand made available to the national regulatory authority.
1b. National regulatory authorities may, in addition, spec-
ifythe content, form and manner of information to be pub-
lished, in order to ensure that end-users and consumers have
access to comprehensive, comparable and user-friendlyinformation.25.7.2002 EN C177E/161 Official Journal of the European Communities
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Amendment 15
Article17, paragraph1, point (b)
(b) the national regulatory authority considers that obligations
imposed under Directive 2001/…/EC (Access Directive), orArticle19 of this Directive would not result in the achiev-
ement of the objectives set out in Article7 of
Directive 2001/…/EC (Framework Directive),(b) the national regulatory authority concludes that obligations
imposed under Directive 2001/…/EC (Access Directive), orArticle19 of this Directive would not result in the achiev-
ement of the objectives set out in Article7 of
Directive 2001/…/EC (Framework Directive),
Amendment 16
Article17, paragraph4
4. National regulatory authorities shall ensure that, where an
undertaking is subject to retail tariff regulation, the necessaryand appropriate cost accounting systems are implemented.National regulatory authorities may specify the format andaccounting methodology to be used. Compliance with the costaccounting system shall be verified by a qualified independentbody. National regulatory authorities shall ensure that a state-ment concerning compliance is published annually.4. National regulatory authorities shall ensure that, where an
undertaking is subject to retail tariff regulation or other rel-
evant retail controls, the necessary and appropriate cost
accounting systems are implemented. National regulatory auth-orities may specify the format and accounting methodology tobe used. Compliance with the cost accounting system shall beverified by a qualified independent body. National regulatoryauthorities shall ensure that a statement concerning complianceis published annually.
Amendment 17
Article20, paragraph2, introduction
2. Member States shall ensure that at least consumers
where subscribing to services providing connection and/oraccess to the public telephone network, shall have a right to acontract with an undertaking or undertakings providing suchservices. The contract shall specify at least:2. Member States shall ensure that, where subscribing to ser-
vices providing connection and/or access to the public tele-phone network, consumers have a right to a contract with an
undertaking or undertakings providing such services. The con-tract shall specify at least:
Amendment 18
Article20, paragraph2, point (d)
(d) the means by which up-to-date information on all appli-
cable tariffs and maintenance charges may be obtained;(d)particulars of prices and tariffs and the means by which
up-to-date information on all applicable tariffs and main-tenance charges may be obtained;
Amendment 19
Article20, paragraph2, subparagraph1a (new)
Member States may extend these obligations to cover other
end-users.
Amendment 20
Article20, paragraph3
3. Where contracts are concluded between at leastcon-
sumers and electronic communications services providersother than those providing connection and/or access to thepublic telephone network, the information in paragraph2shall also be included in such contracts.3. Where contracts are concluded between consumers and
electronic communications services providers other than thoseproviding connection and/or access to the public telephonenetwork, the information in paragraph2 shall also be includedin such contracts. Member States may extend this obligation
to cover other end-users.C177E/162 EN 25.7.2002 Official Journal of the European Communities
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Amendment 21
Article21
Member States shall ensure that transparent and up-to-date
information on applicable prices and tariffs, and on standardterms and conditions, in respect of access to and use of pub-
licly available telephone services is available to the public, and
particularly to all consumers, in accordance with the provi-
sions of Annex II.1.Member States shall ensure that transparent and up-to-
date information on applicable prices and tariffs, and on stan-dard terms and conditions, in respect of access to and use of
publicly available telephone services, is available to end-users
and consumers in accordance with the provisions of Annex II.
Amendment 22
Article21, paragraph1a (new)
1a. National regulatory authorities shall encourage the
provision of information to enable end-users, as far as appro-priate, and consumers to make an independent evaluation ofthe cost of alternative usage patterns, for instance by meansof interactive guides.
Amendment 27
Article33
Member States shall ensure as far as appropriate that national
regulatory authorities take account of the views of end-users,manufacturers, undertakings that provide electronic communi-cations networks and/or services on issues which have a signi-
ficant impact on the market related to all end-user rights con-
cerning publicly available electronic communications services.1.Member States shall ensure as far as appropriate that
national regulatory authorities take account of the views ofend-users and consumers (including, in particular, disabled
users),manufacturers, undertakings that provide electronic
communications networks and/or services on issues related toall end-user and consumer rights concerning publicly available
electronic communications services , in particular where they
have a significant impact on the market.
Amendment 28
Article33, paragraph1a (new)
1a. Where appropriate, interested parties may, with the
guidance of national regulatory authorities, develop mech-anisms involving consumers, user groups and service pro-viders to improve the general quality of service provision,inter alia by developing and monitoring codes of conductand operating standards.
Amendment 29
Article34, paragraph1
1. Member States shall ensure that transparent, simple and
inexpensive out-of-court procedures are available for dealingwith unresolved disputes, involving at leastconsumers, relating
to issues covered by this Directive. Member States shall adoptmeasures to ensure that such procedures enable disputes to besettled fairly and promptly and may, where warranted, adopt asystem of reimbursement and/or compensation.1. Member States shall ensure that transparent, simple and
inexpensive out-of-court procedures are available for dealingwith unresolved disputes, involving consumers, relating toissues covered by this Directive. Member States shall adoptmeasures to ensure that such procedures enable disputes to besettled fairly and promptly and may, where warranted, adopt asystem of reimbursement and/or compensation. Member
States may extend these obligations to cover disputes invol-ving other end-users.25.7.2002 EN C177E/163 Official Journal of the European Communities
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Amendment 30
Article34, paragraph1a (new)
1a. Member States shall ensure that their legislation does
not hamper the establishment of complaints offices and theprovision of on-line services at the appropriate territoriallevel to facilitate access to dispute resolution by consumersand end-users.
Amendment 31
Annex I, Part B, point (b), paragraph2a (new)
To the extent technically feasible, operators should provide
data and signals to facilitate the offering of calling-line iden-tity and tone dialling across Member State boundaries.
Amendment 32
Annex II, introduction
The national regulatory authority has a responsibility to ensure
that the information in this Annex is published, in accordancewith Article21. It is for the national regulatory authority todecide which information is to be published by the undertak-ings providing public telephone networks and/or publicly avail-
able telephone services and which information is to be pub-
lished by the national regulatory authority itself.The national regulatory authority has a responsibility to ensure
that the information in this Annex is published, in accordancewith Article21. It is for the national regulatory authority todecide which information is to be published by the undertak-ings providing public telephone networks and/or publicly avail-
able telephone services and which information is to be pub-
lished by the national regulatory authority itself, so as ensure
that consumers are able to make informed choices.
Amendment 33
Annex II, point 3a (new)
3a. Information about rights as regards universal service,
including the facilities and services mentioned in Annex I.
12. Radio spectrum policy ***II
A5-0432/2001
European Parliament legislative resolution on the Council common position with a view to the
adoption of a European Parliament and Council decision on a regulatory framework for radiospectrum policy in the European Community (Radio spectrum decision) (12170/1/2001 Rdash
C5-0490/2001 Rdash 2000/0187(COD))
(Codecision procedure: second reading)
The European Parliament,
9dash having regard to the Council common position (12170/1/2001 9dash C5-0490/2001),
9dash having regard to its position at first reading(
1) on the Commission proposal to Parliament and the
Council (COM(2000)407)(2),
(1) ‘Texts Adopted’, Item 7.
(2) OJ C 365 E, 19.12.2000, p. 256.C177E/164 EN 25.7.2002 Official Journal of the European Communities
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