A4-0030/95

Amended proposal for a European Parliament and Council Directive on the mutual recognition of licences and other national authorizations for telecommunications services (COM(94)0041 - C3-0157/94 - 00/0438(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 4

>Original text>

4. Whereas Article 7 of Council Directive 90/387/EEC provides for the harmonisation of the declaration and/or licensing procedures as regards services operated via the public telecommunications network; whereas there is moreover a necessary link between the licences granted for the operation of mobile and satellite services and the exclusive use of certain frequencies; whereas the mutual recognition of licences granted for the operation of such services can for this reason only be envisaged in conjunction with the allocation of the required frequencies in the other Member States; whereas the use of frequencies in the Member States has yet been harmonized only to a limited extent and diverging band widths, frequencies and standards are still applied as regards many mobile services; whereas the mutual recognition of licences for the operation of mobile and satellite services therefore requires additional measures as regard the allocation and the coordinating of frequencies; whereas this will be dealt with in specific directives; whereas for these reasons telecommunications services such as mobile radio services and satellite services are at this stage not covered by this Directive;

>Text following EP vote>

4. Whereas the policy for the mutual recognition of licences and other national authorizations for the provision of satellite network services and/or satellite communications services is being dealt with in a separate Commission proposal for a European Parliament and Council Directive, COM(93)0652(1); whereas for this reason satellite services are not covered by this Directive;

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(1) OJ C 36, 4.2.1994, p. 2.

(Amendment 2)

Recital 5

>Original text>

5. Whereas in accordance with the phased approach proposed by the Commission in its Communication of 28 April 1993 to the Council and the European Parliament on the consultation on the review of the situation in the telecommunications services sector(6) and approved in the Council Resolution of 22 July 1993 voice telephony and telex services as defined in Article 2 of Directive 90/387/EEC are also excluded from the scope of this directive; whereas specific provisions would have to be adopted to extend mutual recognition of licences to these services, taking account of their specificities;

(6) COM(93)159 final

>Text following EP vote>

5. Deleted

(Amendment 20)

Recital 7

>Original text>

7. Whereas the approach which has been adopted to achieve mutual recognition of national licences and other authorisations is to establish procedures whereby the undertakings involved may obtain a mutual recognition of their national authorisations; whereas the main objective is to achieve this by way of mutual recognition on the basis of the establishment of harmonized licensing conditions; whereas for those telecommunications services for which harmonization of licensing conditions has not yet been achieved, a transitional one-stop-shopping regime shall facilitate the obtention of authorisations;

>Text following EP vote>

7. Whereas the approach which has been adopted to achieve mutual recognition of national licences and other authorizations is to establish procedures whereby the undertakings involved may obtain a mutual recognition of their national authorizations; whereas the main objective is to achieve this by way of mutual recognition on the basis of the establishment of harmonized licensing conditions; whereas for those telecommunications services for which harmonization of licensing conditions has not yet been achieved, a transitional one-stop-shopping regime shall facilitate the obtention of authorizations; whereas the principle of mutual recognition of national licences and other authorizations should be extended to cover general regulatory authorizations such as class licences;

(Amendment 3)

Recital 18

>Original text>

18. Whereas a means of appeal should be established to ensure the full application of the procedures set out in this Directive; whereas a conciliation procedure allowing for an amicable settlement of disputes relating to the application of the procedures should be an essential element of this means of appeal;

>Text following EP vote>

18. Whereas a means of appeal should be established to ensure the full application of the procedures set out in this Directive; whereas a conciliation procedure allowing for an amicable settlement of disputes relating to the application of the procedures should be an essential element of this means of appeal; whereas this conciliation procedure will be undertaken by a working group under the Community Telecommunications Committee in which all interested parties, including telecommunications operators and service providers, may be represented;

(Amendment 4)

Recital 22a (new)

>Text following EP vote>

22a. Whereas the Commission will provide the Council and Parliament with a proposal for the creation of a European Telecommunications Authority with responsibility for enforcing the minimum of regulation needed at European level to ensure the rapid emergence of efficient European information structures and services, and which in the longer term would replace national regulatory authorities;

(Amendment 5)

Article 3(2)

>Original text>

2. It shall not apply to national authorizations for the provision of voice telephony and telex as defined in Article 2 of Directive 90/387/EEC, mobile radio services and satellite services.

>Text following EP vote>

2. It shall not apply to national authorizations for the provision of satellite services.

(Amendment 6)

Article 5(2)

>Original text>

2. Paragraph 1 shall not prevent Member States from subjecting the provision of services to national legislation in conformity with Community law and not specifically related to telecommunications services.

>Text following EP vote>

2. Paragraph 1 shall not prevent Member States from subjecting the provision of services to national legislation in conformity with Community law and not specifically related to telecommunications services, in particular with respect to the protection of consumers, and as long as this does not lead to any form of discrimination or unnecessary delays or bureaucracy. Objections that such legislation is unjustified shall be made to a national regulatory authority or to the Commission and shall be examined by the Commission in accordance with the procedure laid down in Article 17.

(Amendment 7)

Article 6(2a) (new)

>Text following EP vote>

2a. Nothing in this Article shall affect the right of operators providing services in markets where licensing conditions have already been removed, to continue to do so.

(Amendment 8)

Article 12(2)

>Original text>

2. the submission of applications and/or declarations at a single location is possible and one or more entities are defined with which the application and/or declaration can be filed.

>Text following EP vote>

2. the submission of applications and/or declarations at a single location shall be possible and one or more entities with which the application and/or declaration can be filed shall be designated by the Commission.

(Amendment 9)

Article 12(4), second subparagraph

>Original text>

When a national regulatory authority submits the provision of a service to a declaration requirement, it may raise objections against the provision of the service declared and inform the applicant as well as the entity with which the application was filed of these objections within six weeks of the receipt of the declaration;

>Text following EP vote>

When a national regulatory authority submits the provision of a service to a declaration requirement, it may raise objections of a legal nature against the provision of the service declared and inform the applicant as well as the entity with which the application was filed of these objections within six weeks of the receipt of the declaration;

(Amendment 10)

Article 12(5)

>Original text>

5. where appropriate, national regulatory authorities shall endeavour to shorten the time period of six weeks indicated in paragraph 4 for certain categories of telecommunications services, in response to commercial needs;

>Text following EP vote>

5. the national regulatory authorities shall endeavour to shorten the time period of six weeks indicated in paragraph 4 for all categories of telecommunications services, in response to commercial needs;

(Amendment 11)

Article 13(1a) (new)

>Text following EP vote>

1a. The national regulatory authority in question shall immediately inform the licensee and the Commission of any decision to take the measures referred to in paragraph 1.

(Amendment 12)

Article 15(3)

>Original text>

3. the working group shall give the applicant, the national regulatory authorities of the Member States concerned and the telecommunications organizations of other parties involved the opportunity to present their opinion in oral or written form;

>Text following EP vote>

3. the working group shall give the applicant, the national regulatory authorities of the Member States concerned and the telecommunications organizations of other parties involved the opportunity to present their opinion in oral and/or written form. The applicant will be provided with copies of the written objections of the Member States;

(Amendment 13)

Article 15(5)

>Original text>

5. the applicant and the members of the CTC involved shall bear their own costs of participating in the procedure;

>Text following EP vote>

5. the applicant and the members of the CTC involved shall bear their own costs of participating in the procedure; an exception may be made by the Commission where the applicant is an SME;

(Amendment 14)

Article 17(2), first subparagraph

>Original text>

2. The Commission shall where necessary inform the Committee on the outcome of regular consultations with representatives of telecommunications organizations, users, consumers, manufacturers, service providers and trade unions.

>Text following EP vote>

2. The Commission shall regularly consult with representatives of telecommunications organizations, users, consumers, manufacturers, service providers and trade unions, and shall hold public hearings where appropriate. The CTC shall be informed of the outcome of these consultations.

(Amendment 15)

Chapter VIII, Article 17a (new)

>Text following EP vote>

Article 17a

Applicability

1. An undertaking shall be granted neither recognition of a national authorization according to harmonized conditions nor any rights resulting from the provisions of this Directive, unless its principal place of business, and, if any, its registered office are located in a Member State. Undertakings already established in a Member State shall be treated as Community enterprises.

>Text following EP vote>

2. Without prejudice to agreements and conventions to which the Community is a contracting party, the undertaking may not, at any time, be more than 25% owned by third countries and/or nationals of third countries. It shall at all times be effectively controlled by Member States and/or nationals of Member States.

>Text following EP vote>

3. The Community will, after adoption of this Directive, open negotiations with a view to ensuring comparable and effective access in all markets, by removing foreign participation limitations and other restrictions in these countries. If this result is achieved, paragraphs 1 and 2 will be waived.

>Text following EP vote>

4. The Commission shall submit an annual report to the Council and to Parliament's committee responsible on progress made in multilateral or bilateral negotiations regarding access for Community undertakings to the markets of third countries in the field covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded.

>Text following EP vote>

The Council, acting by qualified majority on a proposal from the Commission and after consulting Parliament, may amend the provisions of this Article.

(Amendment 17)

Article 21(2)

>Original text>

2. On the basis of the results of the implementation of this Directive up to 1 January 1996 the Commission will review whether a modification of its provisions is necessary, on the basis of a report to be provided to the Parliament and the Council. This report will include an assessment, on the basis of the experience gained, of the need for further evolution of the structures as regards authorizations.

>Text following EP vote>

2. On the basis of the results of the implementation of this Directive up to 1 January 1997 the Commission will review whether a modification of its provisions is necessary, on the basis of a report to be provided to the Parliament and the Council. This report will include an assessment, on the basis of the experience gained, of the need for further evolution of the structures as regards authorizations. By this date the Commission will also have provided the Council and Parliament with a proposal for the creation of a European Telecommunications Authority with responsibility for enforcing of European telecommunications legislation.

(Amendment 18)

Article 21(2a) (new)

>Text following EP vote>

2a. In addition to the report provided for in paragraph 2 on the results of the implementation of this Directive, the Commission shall report annually to the Council and the European Parliament on progress towards the full liberalization of the market for telecommunications services, including details of work undertaken for it in the framework of this Directive by the CTC and ECTRA.

(Amendment 19)

Article 22(1), first subparagraph

>Original text>

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 October 1995 at the latest. They shall forthwith inform the Commission thereof.

>Text following EP vote>

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than one year after adoption of this Directive. They shall forthwith inform the Commission thereof.

Legislative resolution embodying Parliament's opinion on the amended proposal for a European Parliament and Council Directive on the mutual recognition of licences and other national authorizations for telecommunications services (COM(94)0041 - C3-0157/94 - 00/0438(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(94)0041 - 00/0438(COD) ((OJ C 108, 16.4.1994, p. 11.)),

- having regard to Articles 189b(2), 57(2), 66 and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C3- 0157/94),

- 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 opinions of the Committee on Budgets, the Committee on Research, Technological Development and Energy and the Committee on Legal Affairs and Citizens' Rights (A4-0030/95),

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. Calls on the Council to notify Parliament and open the conciliation procedure should it intend to depart from the text approved by Parliament;

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.