A4-0144/96

Proposal for a European Parliament and Council Directive amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications (COM(95)0543 - C4-0001/96 - 95/0280(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 10

>Original text>

10. Whereas the market power of an organization depends on a number of factors, including its share of the relevant product or service market in the relevant geographical market, its turnover relative to the size of the market, its ability to influence market conditions, its control of the means of access to end-users, its access to financial resources, its experience in providing products and services in the market; whereas, for the purpose of this Directive, an organization with a share of more that 25% of the relevant leased lines market in the geographical area in a Member State within which it is authorized to operate would be presumed to enjoy significant market power, unless its national regulatory authority determined that this was not the case; whereas an organization falling below this threshold market share should not be regarded as enjoying significant market power, unless this can clearly be demonstrated to be the case;

>Text following EP vote>

10. Whereas the market power of an organization depends on a number of factors, including its share of the relevant product or service market in the relevant geographical market, its turnover relative to the size of the market, its ability to influence market conditions, its control of the means of access to end-users, its access to financial resources, its experience in providing products and services in the market; whereas, for the purpose of this Directive, an organization with a share of more that 25% of the relevant leased lines market in the geographical area in a Member State within which it is authorized to operate would be presumed to enjoy significant market power, unless its national regulatory authority determined that this was not the case; whereas an organization falling below this threshold market share should not be regarded as enjoying significant market power, unless this can clearly be demonstrated to be the case and whereas, when alternative and competitive market access solutions exist, the presumption that an organization enjoys significant market power may be set aside;

(Amendment 2)

ARTICLE 1(2)

Article 2(3), first indent (Directive 90/387/EEC)

>Original text>

3. - 'telecommunications services¨ means services whose provision consists wholly or partly in the transmission and/or routing of signals on telecommunications networks;

>Text following EP vote>

3. - 'telecommunications services¨ means services whose provision consists wholly or partly in the transmission and/or routing of signals on telecommunications networks with the exception of radio broadcasting or television;

(Amendment 3)

ARTICLE 1(2)

Article 2(4) (Directive 90/387/EEC)

>Original text>

4. 'universal service¨ means a defined minimum service or set of services of specified quality which is accessible to all users everywhere and, in the light of specific national conditions, at an affordable price.

>Text following EP vote>

4. 'universal service¨ means a defined minimum service or set of services of specified quality which is accessible to all users everywhere and at an affordable price.

(Amendment 4)

ARTICLE 1(2)

Article 2(6) (Directive 90/387/EEC)

>Original text>

6. 'essential requirements¨ means the non-economic reasons in the general interest which may cause a Member State to restrict access to public telecommunications networks or public telecommunications services. These reasons are security of network operations, maintenance of network integrity and, in justified cases, interoperability of services and data protection.

>Text following EP vote>

6. 'essential requirements¨ means the non-economic reasons in the general interest which may cause a Member State to restrict access to public telecommunications networks or public telecommunications services. These reasons are security of network operations, maintenance of network integrity, protection of the environment or town planning, and, in justified cases, interoperability of services and data protection;

>Original text>

Data protection may include protection of personal data, the confidentiality of information transmitted or stored as well as the protection of privacy;

>Text following EP vote>

6a. 'data protection¨ means protection of personal data, the confidentiality or authentication of information transmitted or stored as well as the protection of privacy;

(Amendment 6)

ARTICLE 1(2)

Article 2(7) (Directive 90/387/EEC)

>Original text>

7. 'interconnection¨ means the physical and logical linking of the facilities of organizations providing telecommunications networks and/or telecommunications services, in order to allow the users of one organization to communicate with users of another organization, or to access services provided by another organization;

>Text following EP vote>

7. 'interconnection¨ means the physical and logical linking of the facilities of organizations providing telecommunications networks and/or telecommunications services for the public, in order to allow the users of one organization to communicate with users of another organization of the same type, or to access services provided by another organization of the same type;

(Amendment 7)

ARTICLE 1(2)

Article 2(8), second subparagraph, first indent (Directive 90/387/EEC)

>Original text>

- technical interfaces, including the definition and implementation of network termination points, where required,

>Text following EP vote>

- technical interfaces, including the definition and implementation of network interconnection and termination points, where required,

(Amendment 9)

ARTICLE 1(6)

Article 5a(2), first indent (Directive 90/387/EEC)

>Original text>

- national regulatory authorities shall be legally distinct from, and functionally independent of, all organizations supplying telecommunications networks, equipment or services;

>Text following EP vote>

- national regulatory authorities shall be legally distinct from, and functionally independent of, all organizations supplying telecommunications networks, equipment or services; they shall be in possession of all necessary resources in terms of staffing, expertise and financial means to fulfil their mission in complete autonomy;

(Amendment 8)

ARTICLE 1(7)

Articles 6 and 7 (Directive 90/387/EEC)

>Original text>

7. Articles 6 and 7 are deleted.

>Text following EP vote>

7. Articles 6 and 7 are replaced by the following:

>Text following EP vote>

'The Commission shall, before 30 September 1996, draw up a draft Directive of the European Parliament and the Council on the costing and financing of universal service.¨

(Amendment 10)

ARTICLE 1(8)

Article 8 (Directive 90/387/EEC)

>Original text>

The Commission shall examine and report to the European Parliament and to the Council on the functioning of this Directive, on the first occasion not later than 31 December 1999. The report shall be based inter alia on the information provided by the Member States to the Commission and to the ONP Committee. Where necessary, further measures can be proposed in the report for adapting this Directive, taking account of developments towards a fully competitive environment.

>Text following EP vote>

The Commission shall examine and report to the European Parliament and to the Council on the functioning of this Directive, on the first occasion not later than 31 December 1999. The report shall be based inter alia on the information provided by the Member States to the Commission and to the ONP Committee. Where necessary, the report shall examine what provisions of this Directive together with other Community Directives relating to the implementation of ONP provisions and to the new regulatory environment for telecommunications should be adapted in the light of the developments in the market. Further measures can be proposed in the report for the full implementation of the aims of these Directives, which shall take the form of a proposal for a single consolidated text; in particular, the report shall examine the possibility of establishing a European Regulatory Authority.

(Amendment 19)

ARTICLE 1(9)

Article 9(1), second paragraph (Directive 90/387/EEC)

>Original text>

(9) In the second paragraph of Article 9(1), 'telecommunications organizations' is replaced by 'organizations providing public telecommunications networks and/or public telecommunications services'.

>Text following EP vote>

(9) Article 9(1) is replaced by the following text:

"1. The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the national regulatory authorities and chaired by the representative of the Commission.

>Text following EP vote>

The committee shall, in particular, consult the representatives of the organizations providing public telecommunications networks and/or public telecommunications services, the users, the consumers, the trade unions, the manufacturers and the service providers. It shall draw up its rules of procedure.

>Text following EP vote>

The committee, to be known as the ONP Committee, shall constitute a subcommittee of the EUTC Committee, into which it will subsequently be integrated.¨

(Amendment 12)

ARTICLE 2(3)

Article 2(2), 1st indent (Directive 92/44/EEC)

>Original text>

- 'leased lines¨ means the telecommunications facilities which provide for transparent transmission capacity between network termination points and which do not include on-demand switching (switching functions which the user can control as part of the leased line provision),

>Text following EP vote>

- 'leased lines¨ means the telecommunications facilities which provide for transparent transmission capacity between network termination points and which do not include on-demand switching (switching functions which the user can control as part of the leased line provision) or the fixed public telephone network whose transmission capacities are governed by the ONP interconnection and ONP voice telephony Directives,

(Amendment 13)

ARTICLE 2(10)(b)

Article 10(4) (Directive 92/44/EEC)

>Original text>

4. The national regulatory authority shall not apply the requirements of paragraph 1 where an organization does not have significant market power in respect of a specific leased line offering in a specific geographical area.

>Text following EP vote>

4. The national regulatory authority shall not apply the requirements of paragraph 1 where an organization does not have significant market power in respect of a specific leased line offering in a significant geographical area, the market power of an undertaking being defined by the provisions of European Parliament and Council Directive .... on interconnection to public telecommunications networks and public telecommunications services in the context of Open Network Provision (ONP).

(Amendment 14)

ARTICLE 2(12)

Article 14 (Directive 92/44/EEC)

>Original text>

The Commission shall examine and report to the European Parliament and to the Council on the functioning of this Directive, on the first occasion not later than 31 December 1999. The report shall be based inter alia on the information provided by the Member States to the Commission and to the ONP Committee. Where necessary, further measures can be proposed in the report for adapting this Directive, taking account of developments towards a fully competitive environment.

>Text following EP vote>

The Commission shall examine and report to the European Parliament and to the Council on the functioning of this Directive, on the first occasion not later than 31 December 1999. The report shall be based inter alia on the information provided by the Member States to the Commission and to the ONP Committee. Where necessary, the report shall examine what provisions of this Directive together with other Community Directives relating to the implementation of ONP provisions and to the new regulatory environment for telecommunications should be adapted in the light of the developments in the market. Further measures can be proposed in the report for the full implementation of the aims of these Directives, which shall take the form of a proposal for a single consolidated text; in particular, the report shall examine the possibility of establishing a European Regulatory Authority.

(Amendment 15)

ARTICLE 4

>Original text>

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

>Text following EP vote>

This Directive shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities. The Commission shall ensure the publication before 1 July 1997 of a consolidated version of Directives 90/387/EEC and 92/44/EEC as modified by this Directive together with other Community Directives relating to the implementation of ONP provisions and to the new regulatory environment for telecommunications to be introduced on 1 January 1998.

(Amendment 16)

ANNEX I(3), second paragraph, third indent

>Original text>

- in order to leave users a choice between the individual service elements and where technology so permits, tariffs must be sufficiently unbundled in accordance with the competition rules of the Treaty. In particular, additional features introduced to provide certain specific extra services must, as a general rule, be charged independently of the inclusive features and transportation as such,

>Text following EP vote>

- in order to leave users a choice between the service components and where technology so permits, tariffs must be sufficiently unbundled in accordance with the competition rules of the Treaty. In particular, additional features introduced to provide certain specific extra services must, as a general rule, be charged independently of the inclusive features and transportation as such,

(Amendment 17)

ANNEX I(3), second paragraph, fourth indent

>Original text>

- tariffs must be non-discriminatory and guarantee equality of treatment.

>Text following EP vote>

- tariffs must be non-discriminatory and guarantee equality of treatment except for restrictions which are compatible with Community law.

(Amendment 18)

ANNEX I(3), third paragraph

>Original text>

Any charge for access to network resources or services must comply with the principles set out above and with the competition rules of the Treaty and must also take into account the principle of fair sharing in the global cost of the resources used and the need for a reasonable level of return on investment.

>Text following EP vote>

Any charge for access to network resources or services must comply with the principles set out above and with the competition rules of the Treaty and must also take into account the principle of fair sharing in the net cost of the resources used and the need for a reasonable level of return on investment.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications (COM(95)0543 - C4-0001/96 - 95/0280(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(95)0543 - 95/0280(COD) ((OJ C 62, 1.3.1996, p. 3.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0001/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy and the opinion of the Committee on Transport and Tourism (A4-0144/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.