OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on access to, and interconnection of, electronic communications networks and associated facilities AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

2000/0186 (COD)

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on access to, and interconnection of, electronic communications networks and associated facilities AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

1. Introduction

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is to deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission sets out its opinion below on the 7 amendments proposed by Parliament.

2. Background

The Commission's proposal on access and interconnection (COM(2000) 384 - 2000/0186(COD)) is part of the new proposed regulatory package for electronic communications networks and services, and harmonises the way in which Member States regulate the market between suppliers of communication networks and services in the Community.

The European Parliament adopted its first reading on 1st March 2001 and the Commission adopted its amended proposals in this regard on 4th July 2001. The Council adopted its common position on 17 September 2001. The Commission fully endorsed the common position of the Council.

The amendments voted by the European Parliament at second reading are part of a compromise package of amendments on four directives of the new regulatory package, including the present directive, and one decision on spectrum that was put as an ensemble to the EP by the Council Presidency. The package was accepted in its totality in the plenary vote by the EP on 12 December. Since the amendments are acceptable to the Council, the conciliation procedure will not be invoked. Final adoption by the Council is foreseen in the beginning of 2002 following verification of the texts by jurist-linguists.

3. Purpose of the proposal

The Directive lays down a framework of rules that are technologically neutral, but which may be applied to specific product or service markets in particular geographical areas, to address identified market problems between suppliers of access and interconnection. This covers inter alia access to fixed and mobile networks, as well as access to digital broadcasting networks, including access to conditional systems and other associated facilities such as electronic programme guides (EPGs) and application program interfaces (APIs).

The Directive provides legal certainty for market players by establishing clear criteria on their rights and obligations (Articles 3 and 4) and for regulatory intervention (Article 5). It imposes limitations on what obligations concerning access and interconnection can be imposed in which circumstances, whilst at the same time allowing for sufficient flexibility to allow regulatory authorities to deal effectively with new market problems that hinder effective competition (Articles 6 to 13).

4. Opinion of the Commission on the amendments by the European Parliament

The Parliament adopted 7 amendments to the Access directive on 12 December 2001. The Commission can accept all of them in full.

4.1 Technical amendments introduced in the articles (amendments n° 27, 28 and 19)

The European Parliament has introduced amendments n° 27 and 28 that are of technical nature and ensure compatibility with amendment 26 in Framework Directive, so that market analysis is undertaken 'as soon as possible after entry into force of the Directive' but respecting the public consultation procedures.

Amendment 19 is also of a technical nature and provides a linguistic precision.

The Commission can accept these amendments that clarify and strengthen the common position of the Council.

4.2 Other amendments introduced in the recitals (amendments n° 29, 31, 30 and 7)

The European Parliament has also adopted amendments introducing new text at the recitals to highlight the need for the monitoring by regulatory authorities and/or the Commission, with regulatory action to be taken where appropriate and in accordance with the procedures established in the provisions of the Directive, on a number of key issues. Those concern in particular the interoperability of services for end users, charges which contribute to tariffs for end users, the need for market analysis on international roaming, and possible adverse effects of new infrastructure on the environment and the landscape.

The Commission can accept these amendments that clarify the regulatory supervision powers included in the relevant provisions of the common position of the Council.

5. Conclusion

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out above.