A4-0051/97

Decision on the common position established by the Council with a view to the adoption of a European Parliament and Council Directive on a common framework for general authorizations and individual licences in the field of telecommunications services (C4-0633/96 - 95/0282(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0633/96 - 95/0282(COD),

- having regard to its opinion at first reading ((OJ C 166, 10.6.1996, p. 78.)) on the Commission proposal to Parliament and the Council, COM(95)0545 ((OJ C 90, 27.3.1996, p. 5.)),

- having regard to the amended Commission proposal, COM(96)0342 ((OJ C 291, 4.10.1996, p. 12.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0051/97),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 3

>Original text>

(3) Whereas a common framework should be established for general authorizations and individual licences granted by Member States in the field of telecommunications services; whereas under Community Law and in particular under Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services, market entry should be restricted on the basis only of objective, non-dicriminatory, proportionate and transparent selection criteria relating to the availability of scarce resources or on the basis of the implementation by national regulatory authorities of objective, non-discriminatory and transparent award procedures; whereas Directive 90/388/EEC also sets out principles regarding, inter alia, fees and rights of way; whereas these rules should be supplemented and enlarged by this Directive to determine this common framework;

>Text following EP vote>

(3) Whereas a common framework should be established for general authorizations and individual licences granted by Member States in the field of telecommunications services; whereas under Community Law and in particular under Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services, market entry should be restricted on the basis only of objective, non-dicriminatory, proportionate and transparent selection criteria relating to the availability of scarce resources or on the basis of the implementation by national regulatory authorities of objective, non-discriminatory and transparent award procedures; whereas Directive 90/388/EEC also sets out principles regarding, inter alia, fees, numbers and rights of way; whereas these rules should be supplemented and enlarged by this Directive to determine this common framework

(Amendment 2)

Recital 18a (new)

>Text following EP vote>

(18a) Whereas a degree of harmonization of the procedures is already provided for in this Directive; whereas further harmonization may be desirable in order to achieve a more integrated telecommunications market; whereas this possibility should be assessed in the report to be drawn up by the Commission;

(Amendment 3)

Article 7(1) (c) and (d) and (2)

>Original text>

(c) to impose obligations and requirements on the licensee relating to the mandatory provision of publicly available telecommunications services and/or public telecommunications networks, including obligations under ONP legislation and/or which require the licensee to provide universal service;

(d) to impose specific obligations, in accordance with Community competition rules, where the licensee has significant market power, as defined in Article 4(3) of the Interconnection Directive in relation to the provision of public telecommunications networks and publicly available telecommunications services.

2. Notwithstanding paragraph 1, the provision of voice telephony services, the establishment and provision of public telecommunications networks as well as other networks involving the use of radio frequencies may be subject to individual licences.

>Text following EP vote>

(c) to impose obligations and requirments on the licensee relating to the mandatory provision of publicly available telecommunications services and/or public telecommunications networks, including obligations which require the licensee to provide universal service and other obligations under ONP legislation;

(d) to impose specific obligations, in accordance with Community competition rules, where the licensee has significant market power, as defined in Article 4(3) of the Interconnection Directive in relation to the provision of public telecommunications networks and publicly available telecommunications services.

2. Notwithstanding paragraph 1, the provision of publicly available voice telephony services, the establishment and provision of public telecommunications networks as well as other networks involving the use of radio frequencies may be subject to individual licences.

(Amendment 4)

Article 19

>Original text>

Without prejudice to sections II and III, where the provision of a telecommunications service is not yet covered by a general authorization and where such a service and/or network cannot be provided without authorization, Member States shall, not later than six weeks after they have received an application, adopt provisional conditions or reject the application and inform the undertaking concerned of the reasons therefor. As soon as possible thereafter, Member States shall adopt definitive conditions or consent to the provision of the service concerned without authorization or provide reasons for any refusal to do so.

>Text following EP vote>

Without prejudice to sections II and III, where the provision of a telecommunications service is not yet covered by a general authorization and where such a service and/or network cannot be provided without authorization, Member States shall, not later than six weeks after they have received an application, adopt provisional conditions allowing the undertaking to start providing the service or reject the application and inform the undertaking concerned of the reasons therefor. As soon as possible thereafter, Member States shall adopt definitive conditions or consent to the provision of the service concerned without authorization or provide reasons for any refusal to do so. Member States shall lay down an appropriate procedure for appealing to an institution independent of the national regulatory authority against refusals to adopt provisional or definitive conditions, rejections of applications or refusals to consent to the provision of the service concerned without authorization.

(Amendment 5)

Article 23

>Original text>

Before 1 January 2000, the Commission shall prepare a report to be submitted to the European Parliament and Council. The report shall include an assessment, on the basis of the experience gained, of the need for further development of the regulatory structures as regards authorizations, in particular in relation to the scope of individual licences, to harmonization and to trans-European services and networks. Any amendments necessary to adapt the content of the Annex to new technological developments and appropriate practical procedures, together with Article 7(2), shall also be considered in this report.

>Text following EP vote>

Before 1 January 2000, the Commission shall prepare a report to be submitted to the European Parliament and Council and to be accompanied, where appropriate, by new legislative proposals. The report shall include an assessment, on the basis of the experience gained, of the need for further development of the regulatory structures as regards authorizations, in particular in relation to the harmonization of the procedures and the scope of individual licences, to other aspects of harmonization and to trans-European services and networks. The report shall also include proposals with a view to consolidating the various committees existing in Community telecommunications legislation. Any amendments necessary to adapt the content of the Annex to new technological developments and appropriate practical procedures, together with Article 7(2), shall also be considered in this report.

(Amendment 6)

Annex, final paragraph, first indent

>Original text>

- any other conditions which are not specific to the telecommunications sector;

>Text following EP vote>

- any other legal conditions which are not specific to the telecommunications sector;