it * 
•tt -it COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 28.11.1997 
COM(97) 674 final 
97/0250 (COD) 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending Directive 97/33/EC with regard to operator number portability and carrier 
pre-selection 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
The Commission hereby presents a modified proposal for a European parliament and 
Council Directive amending Directive 97/3 3/EC with regard to operator number 
portability and carrier pre-selection. The modified proposal incorporates the single 
amendment proposed by the European Parliament in first reading. 
1. Introduction 
a) Background 
The Commission adopted its original proposal on 1 October 1997 (COM(97) 480) and 
it was formally transmitted to the European Parliament and to the Council on 3 
October 1997. 
The European Parliament adopted a resolution on 20 November 1997 approving the 
proposal subject to one amendment. 
b) Scope and aim of the proposal 
The objective of the present proposal is to strengthen the existing provisions on equal 
qualitative and quantitative access to numbering resources for all market players in the 
Community's current legal framework for telecommunications. The availability of 
operator number portability and carrier pre-selection will make it easier for consumers 
to choose alternative service and network providers. This will enable them to benefit 
directly from competition in the telecommunications market. By offering consumers 
a non-discriminatory and user friendly way of choosing between different providers of 
telecommunications services, consumer choice can act as a catalyst in the process of 
achieving better quality telecommunications services at more competitive prices. 
2. EP amendment accepted by the Commission 
The European Parliament has proposed only one amendment which is acceptable for 
the Commission. 
This amendment will extend an existing deferment clause (Article 20(2) of the 
Interconnection Directive 97/33/EC ) which gives a certain flexibility for the date of 
implementation of number portability in cases where Member States can prove that 
this will impose an excessive burden on the operators concerned. With the amendment 
the clause will also apply for carrier pre-selection. Under this clause, temporary 
deferment may be granted by the Commission, on the basis of objective arguments 
and taking account of "the particular situation in the Member State and the need to 
ensure a coherent regulatory environment at a Community level". 
3. Conclusion 
In accordance with Article 189a paragraph 2 of the Treaty, the Commission modifies 
its initial proposal, incorporating this amendment. 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending Directive 97/3 3/EC with regard to operator number portability and carrier pre­
selection 
Original text 
Article 1 Modified text 
Article 1 
Directive 97/33/EC1 is hereby amended as Directive 97/33/EC1 is hereby amended as 
follows : follows : 
1. Paragraph 5 of Article 12 shall be 
replaced by the following : 
"5. National regulatory authorities shall 
encourage the earliest possible introduction 
of number portability whereby end-users 
who so request can retain their number(s) 
on the fixed public telephone network at a 
specific location independent of the 
organisation providing service, and shall 
ensure that this facility is available by 1 
January 2000 at the latest." 
2. A new paragraph shall be inserted 
after paragraph 6 of Article 12 : 
"7. National regulatory authorities shall 
require Organizations operating public 
telecommunications networks as set out in 
Part 1 of Annex I and notified by national 
regulatory authorities as Organizations 
having significant market power, to enable 
their subscribers to access the switched 
services of any interconnected provider of 
publicly available telecommunications 
services. For this purpose facilities shall be 
in place by 1 January 2000 at the latest, 
which allow the subscriber to choose these 
services by means of permanent pre-1. Paragraph 5 of Articte 12 shall be 
replaced by the following : 
"5. National regulatory authorities shall 
encourage the earliest possible introduction 
of number portability whereby end-users 
who so request can retain their number(s) 
on the fixed public telephone network at a 
specific location independent of the 
organisation providing service, and shall 
ensure that this facility is available by 1 
January 2000 at the latest." 
2. A new paragraph shall be inserted after 
paragraph 6 of Article 12 : 
"7. National regulatory authorities shall 
require Organizations operating public 
telecommunications networks as set out in 
Part 1 of Annex i and notified by national 
regulatory authorities as Organizations 
having significant market power, to enable 
their subscribers to access the switched 
services of any interconnected provider of 
publicly available telecommunications 
services. For this purpose facilities shall be 
in place by 1 January 2000 at the latest, 
which allow the subscriber to choose these 
services by means of permanent pre-
Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on 
interconnection in Telecommunications with regard to ensuring universal service and interoperability 
through application of the principles of Open Network Provision (ONP), OJ No L 199, 26.7.97, p.32. 
which allow the subscriber to choose these 
services by means of permanent pre­
selection with a facility to override the pre­
selected choice on a call-by-call basis by 
dialling a short prefix." selection with a facility to override the pre­
selected choice on a call-by-call basis by 
dialling a short prefix." 
3. Paragraph 2 of Article 20 shall be 
replaced by the following : 
"2. Deferment of the obligations under 
Article 12(5) and 12(7) may be requested 
where the Member State concerned can 
prove that they would impose an excessive 
burden on certain organizations or classes 
of organization.The Member State shall 
inform the Commission of the reasons for 
requesting a deferment, the date by which 
the requirements can be met, and the 
measures envisaged in order to meet this 
deadline. The Commission shall consider 
the request taking into account the 
particular situation in the Member State 
and the need to ensure a coherent 
regulatory environment at a Community 
level, and shall inform the Member State 
whether it deems that the particular 
situation in that Member State justifies a 
deferment and, if so, until which date such 
deferment is justified." 
ISSN 0254-1475 
COM(97) 674 final 
DOCUMENTS 
08 10 15 16 
Catalogue number : CB-CO-97-691-EN-C 
ISBN 92-78-28764-4 
Office for Official Publications of the European Communities 
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