Opinion of the Economic and Social Committee on the 'Proposal for a Council Decision regarding the definition and implementation of Community policy in the field of telecommunications and postal services` () (97/C 30/06)

On 20 May 1996 the Council decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport and Communications, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 24 July 1996. The Rapporteur was Mr Kritz.

At its 338th Plenary Session (meeting of 25 September 1996) the Economic and Social Committee adopted the following Opinion by 94 votes for, one vote against and four abstentions.

1. Introduction

1.1. The Commission has decided to seek a legal basis for a number of budgetary lines, as declared in a Communication from the Commission in 1994 (SEC(94) 1106 final). One of these budget lines deals with the definition and implementation of Community policy in the field of Telecommunications and Postal Services (B5-401).

1.2. Treaty provisions and Council and Parliament Resolutions and Directives require the Commission to act in various ways, in order to study and lay down objectives and actions which further define and implement the Community Telecommunications and Postal Policy. This includes initiating analysis, eliciting comment from industry and the public, drawing up proposals for legislation and monitoring the application of legislation.

1.3. These actions require a range of support activities, such as the commissioning of studies and the organization of seminars and consultations, in order to analyze markets, technologies, objectives and policies. The submission of mandates to standardization and frequency bodies is also included. These activities are funded from the budget line B5-401.

2. Content of the Commission document

2.1. The Commission document contains the following:

- Explanatory Memorandum;

- Proposal for a Council Decision;

- List of legislative provisions adopted to date in the field of Telecommunications and Posts. (This Annex does not contain Directives, Decisions, Resolutions, etc., adopted in 1995 and 1996);

- Financial Statement.

2.2. The purpose of the Council Decision is stated in Article 1.

2.3. Article 2 declares that the Commission shall be responsible for carrying out the tasks defined in Article 1. When doing this, the Commission shall have regard to the objectives of the Community Policy in the field of Telecommunications and Postal Services; the main objectives are enumerated in Article 2.

2.4. Article 3 states that, for the fulfillment of the tasks defined in Article 2, the Commission may undertake any suitable action, and mentions in particular:

- awarding contracts for drawing up analysis reports and specific studies;

- organizing, participating in and supporting expert meetings, conferences and seminars;

- contributing to the development of cooperation between the Community and third countries;

- submitting mandates to standardization and frequency bodies;

- purchasing and operating necessary equipment.

2.5. Article 4 underlines, inter alia, that anti-fraud provisions shall be included in all agreements and contracts made between the Commission and the recipient of any payments.

2.6. An evaluation report shall be presented to the European Parliament and the Council every three years (Article 5).

2.7. According to the Financial Statement, the 1995 budget for B5-401 amounted to MECU 8,5. The 1996 PDB (Preliminary Draft Budget) contains the same total amount. The breakdown by elements of action shows that the Commission intends to focus on strategic aspects, owing to the very rapid development of technology, on development of markets, especially in the telecommunications sector, and on the regulatory area.

3. General comments

3.1. The Economic and Social Committee agrees with the Commission on the need to have a legal basis for the budget for the definition and implementation of Community policy in the field of Telecommunications and Postal Services (budget line B5-401).

3.2. The support activities funded from B5-401 have been carried out for some years without a formal legal basis. It is the view of the Committee, however, that the proposing of a Council Decision should be seen not only as an administrative exercise to fill in a legal vacuum, but also as a means to stimulate good financial and management practice within the Commission.

3.3. The Committee deems it highly important for the Commission to have financial resources for the support actions mentioned in Article 3. It is of great value to the Commission to get independent views through contract studies analyzing inter alia markets and technologies.

3.4. The Committee is of the opinion that, among the support activities, monitoring the application of Community legislation must get high priority.

Brussels, 25 September 1996.

The President of the Economic and Social Committee

Carlos FERRER

() OJ No C 192, 3. 7. 1996, p. 4.