Opinion on the Draft Commission Directive amending Directives 88/301/EEC and 90/388/EEC with regard to satellite communications (94/C 127/02)

On 3 November 1993 the Commission decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Economic Community, on the abovementioned proposal.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 5 January 1994. The Rapporteur was Mr Nierhaus.

At its 312th Plenary Session (meeting of 26 January 1994) the Economic and Social Committee adopted the following Opinion by a unanimous vote.

1. General comments

1.1. The content of the Draft Directive submitted by the Commission is closely linked with that of Directives 88/301/EEC (1) and 90/388/EEC (2), the aim of which was to liberalize the telecommunications services and equipment markets.

1.2. The ESC considers these Directives to be both necessary and justified in their objectives, as efficient telecommunications are a major precondition for the further development of the common market.

1.3. However, the provisions of the two above-mentioned Directives do not apply to satellite earth stations.

1.4. The purpose of the Commission's new Draft Directive is to bring satellite earth stations into the existing framework of rules.

1.5. Clearly the Commission initiative is motivated in part by the Resolution of the Council of Ministers of 19 December 1991 and a similar Resolution of the European Parliament, calling for the removal of all constraints standing in the way of the development of new activities in satellite communications and the liberalization of the market in satellite equipment and services.

1.6. Consequently, the new Draft Directive provides for the abolition of all remaining exclusive rights to import, market, connect, bring into service and maintain satellite earth stations.

1.7. Although satellite communications make up only a relatively small part of the telecommunications sector as a whole, they still represent a market with high growth potential, which can, however, only be exploited if there are no restrictive rules in the Member States.

1.8. The Council of Ministers having stated its position on the Commission draft on 7 December 1993, the Commission intends to adopt the Directive in early 1994, having consulted the European Parliament and the Economic and Social Committee. The Member States would then have nine months in which to adopt their own measures, to ensure that by the end of 1994 all restrictive measures in the field of satellite communications had been abolished.

2. Specific comments

2.1. The Committee unreservedly endorses the draft submitted by the Commission.

2.2. This endorsement takes particular account of the fact that the new Draft Directive is a logical and necessary extension of the Commission's previous activities aimed at optimizing telecommunications in the Community.

2.3. In this connection, the Committee would reiterate that the Commission's justified attempts at harmonization in connection with access to the market in satellite earth station equipment should not result in the formal requirements making things unnecessarily difficult for manufacturers (3).

2.4. The Committee also points out that the authorization procedure referred to in the final paragraph of Article 2 of the Draft Directive must avoid the risk of preventing rapid technical advances in the field of telecommunications from being exploited because of cumbersome administrative procedures (4).

2.5. The Committee also feels that, in implementing the authorization Directive rapidly, the Judgment of the Court of Justice of 27 October 1993 (5) on the national authorization of radio equipment should be taken into account, under which the governments of the Member States are entitled to adopt their own authorization rules, but harmonized EC rules are to take precedence over national measures.

2.6. The Committee notes that - at least initially - exclusive rights will continue to exist for voice telephony services. In this connection it reiterates the view, expressed in its Opinion of November 1993 (OJ No C 34, 2. 2. 1994) on The Situation in the Telecommunications Services Sector (COM(93) 159 final) that 'before liberalization of the entire voice telephony service' it is necessary 'to define the scope, organization and financing of the universal service' (1).

3. Concluding comments

3.1. In general, the Committee still feels that opening up the Community's telecommunications markets to non-Community countries, too, would help create an environment conducive to fair and balanced international trade. It is, however, vital for the Community to ensure that the opening-up of the market is not a 'one-way street' and that the Member States are allowed parallel and non-discriminatory access to the telecommunications markets of these countries (2).

3.2. Finally, the Committee notes with satisfaction that many of the suggestions contained in recent ESC Opinions on satellites, satellite services, telecommunications and telecommunications services have been taken into consideration by the Commission.

Done at Brussels, 26 January 1994.

The Chairman

of the Economic and Social Committee

Susanne TIEMANN

(1) OJ No L 131, 27. 5. 1988, p. 73.

(2) OJ No L 192, 24. 7. 1990, p. 10.

(3) Cf. ESC Opinion, OJ No C 161, 14. 6. 1993, p. 11, point 2.6.

(4) Cf. ESC Opinion, OJ No C 161, 14. 6. 1993, p. 11, point 2.9.

(5) OJ No C 316, 23. 11. 1993, p. 4.

(6) OJ No C 34, 2. 2. 1994, p. 35.