COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.02.1997 
COM(97)32 final 
95/0280 (COD) 
OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding 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 
AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

EXPLAN A TORY MEMORANDUM 
Article 189b(2)(d) requests the Commission to express its opinion on the 
amendments proposed by the European Parliament in its Second Reading. 
The Commission hereby presents its opinion on these amendments to the Council's 
common position regarding 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. This 
includes a modified proposal incorporating the amendments proposed by the 
European Parliament at Second Reading which were accepted by the Commission. 
OPINION OF THE COMMISSION 
l. BACKGROUND 
a) The Commission adopted its proposal on 14.11.95, and it was formally transmitted 
to the EP and the Council on 10.1.961. 
b) The Economic and Social Committee gave a favourable Opinion on 25.4.961. 
c) The European Parliament adopted a favourable Resolution at its First Reading on 
22.5.96, and proposed 17 amendments to the Commission proposal3. 
d) The Commission adopted an amended proposal on 31.7.96, and submitted it on 
3.9.19964. 
e) The Council adopted its Common Position on 12.9.965. 
f) The European Parliament voted on Second Reading on 10.12.96, adopting a 
favourable resolution which included 7 amendments to the Common Position6. 
1 OJ C 62, 1.3.1996, p.3 
2 OJC 204, 15.7.1996, p. 14 
3 OJC 166, 10.6.1996, p. 87 
4 OJC 291, 4.10.1996, p. 18 
5 OJC 315, 24.10.1996, p. 41 
6 A4-0402/96, PV 1996 
2. PURPOSE OF THE DIRECTIVE 
This Directive is an essential component of the regulatory framework for the future 
liberalised telecommunications sector, to be in place by 1.1.98. 
The proposed revision of the ONP Framework Directive aims at adapting the basic 
principles concerning access to and the use of public telecommunications networks and 
services to ensure Europe-wide services in a liberalized environment. It provides for a 
voluntary approach by the market players in a competitive context, whilst recognising the 
key importance of maintaining and developing universal service and the need for 
mandatory requirements in those areas where market forces alone may not be enough to 
meet European policy goals. 
The revised Leased Lines Directive will ensure that all users have access to leased lines 
from at least one operator, under harmonised conditions of access and use, including 
access to a mandatory minimum set of leased lines. This obligation-to-provide will 
normally be placed only on organisations with significant market power. In any case, full 
territorial coverage must be ensured. 
3. POSITION OF THE COMMISSION ON THE EP AMENDMENTS 
3.1 EP AMENDMENTS ACCEPTED BY THE COMMISSION 
Of the 7 amendments adopted by the European Parliament at Second Reading, the 
Commission accepts 4 in full, in part or in principle (i.e. with some reformulation of the 
text). 
The Commission is consistent with its position during the First Reading, and is 
supportive of amendments which can improve the Common Position. On this basis, the 
Commission position on each amendment is the following: 
Amendments accepted in full, in part or in principle: 2, 4, 6, 7 
The Commission's position on each of these amendments is explained in the attached 
table. The most important amendments accepted by the Commission concern the three 
following areas: 
Comitology 
[Amendment 2] 
The Commission supports the EP's amendment which reverses a change introduced by 
Council. The Council had changed an advisory committee procedure to a regulatory 
committee procedure. 
Study of creation of a European regulatory authority 
[Amendments 4 and 6(parts)[ 
The Commission accepts the request in Amendments 4 (last part) and 6 (last part) for 
examination, in the report that the Commission is required to present before the end of 
1999, of the possibility of establishing a European regulatory authority for 
telecommunications. The Council did not accept the EP amendment on this issue at First 
Reading. 
In supporting the EP amendment, the Commission notes that the issue could be dealt 
with in the report proposed for 1999, even if this is not explicitly stated in the Directive. 
Number portability 
[Amendment 7] 
The Commission supports in principle a reference to number portability in the Annex, but 
for clarity prefers to make the insertion at a different point in the text. 
3.2. EP AMENDMENTS NOT ACCEPTED BY THE COMMISSION 
The Commission has not accepted 3 of the 7 amendments proposed by the European 
Parliament. 
The amendments not accepted by the Commission are the following: 
Amendments not accepted: 1,3,5 
The reasons are given below. 
Resources for NRAs 
[Amendment 1] 
The Commission considers that the present wording of the Common Position adequately 
reflects the concern of the Parliament that national regulatory authorities should have all 
necessary resources to fulfil their mission in full autonomy. 
The amendment is rejected because the word must is inappropriate in a Recital and 
would be inconsistent with the wording of Recital 10 of the ONP Voice Telephony 
Directive 95/62/EC. 
Directive on costing and financing of universal service 
[Amendment 3] 
The Interconnection Directive sets out a framework for costing and financing of 
universal service. In addition, the Commission has now adopted a Communication on 
-4-
costing and financing of universal service.7 Therefore, the Commission does not share 
the need for a specific Directive on this subject. 
Definition of leased lines 
[Amendment 5] 
This amendment would affect the scope of the Leased Lines Directive, as the fixed public 
telephone network is commonly used for provision of leased lines. The current definition 
is stable and should not be amended. In some circumstances, the proposed amendment 
could lead to inconsistency with the non-discrimination requirements of Art. 8(2) of the 
Directive. 
Review clauses 
[Amendments 4 and 6(parts)] 
Requirements for adaptation should be limited to the respective Directive, since each of 
them has its own provisions for examination and reporting by the Commission. 
The Commission has some sympathy with the concept of further measures proposed in 
the form of a single consolidated text, but does not find it appropriate to put this as a 
requirement in this Directive 
4. CONCLUSION 
The Commission has accepted 4 of the 7 amendments proposed by the European 
Parliament at Second Reading either in whole, in part or in principle. 
In accordance with Article 189a paragraph 2 of the EC Treaty, the Commission's 
modified proposal incorporates these amendments. 
COM(96) 608, 27.11.1996 
AMENDED 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 
-6 
Common Position text Amended text 
Article 1(5), fourth subparagraph 
Article 5(4) of Directive 90/387/EEC 
(based on EP Amendment 2) 
Where a Member State or the Commission 
considers that the harmonized standards and/or 
specifications referred to in paragraph 1 do not 
correspond to the objective of open and 
efficient access, interconnection and 
interoperability, in particular the basic 
principles and the essential requirements 
referred to in Article 3, it shall be decided 
whether or not it is necessary to withdraw 
references to those standards and/or 
specifications from the Official Journal of the 
European Communities in accordance with the 
procedure laid down in Article K). Where a Member State or the Commission 
considers that the harmonized standards and/or 
specifications referred to in paragraph 1 do not 
correspond to the objective of open and 
efficient access, interconnection and 
interoperability, in particular the basic 
principles and the essential requirements 
referred to in Article 3, it shall be decided 
whether or not it is necessary to withdraw 
references to those standards and/or 
specifications from the Official Journal of the 
European Communities in accordance with the 
procedure laid down in Article 9. 
Article 1(8) 
Article 8 of Directive 90/387/EEC 
(based on EP Amendment 4) 
The Commission shall examine and report to 
the European Parliament and to the Council on 
the functioning of this Directive, on the first 
occasion no later than 31 December 1999. The 
report shall be based inter alia on the 
information supplied by the Member States to 
the Commission and to the committee referred 
to in Articles 9 and 10. Where necessary, 
further measures for the adaptation of this 
Directive, taking account of developments 
towards a fully competitive environment, may 
be proposed in the report. The Commission shall examine and report to 
the European Parliament and to the Council on 
the functioning of this Directive, on the first 
occasion no later than 31 December 1999. The 
report shall be based inter alia on the 
information supplied by the Member States to 
the Commission and to the committee referred 
to in Articles 9 and 10. Where necessary, the 
report shall examine what provisions of this 
Directive should be adapted in the light of the 
developments in the market. Further measures 
may be proposed in the report for the full 
implementation of the aims of this Directive; in 
particular, the report shall examine the 
possibility of establishing a European 
Regulatory Authority. 
7-
Common Position text Amended text 
Article 2(12) 
Article 14 of Directive 92/44/EEC 
(based on EP Amendment 6) 
The Commission shall examine and report to 
the European Parliament and to the Council on 
the functioning of this Directive, on the first 
occasion no later than 31 December 1999. The 
report shall be based inter alia on the 
information supplied by the Member States to 
the Commission and to the open network 
provision Committee. The report shall include 
an assessment of the need for continuation of 
this Directive, taking account of developments 
towards a fully competitive environment. 
Where necessary, further measures for the 
adaptation of this Directive may be proposed in 
the report. The Commission shall examine and report to 
the European Parliament and to the Council on 
the functioning of this Directive, on the first 
occasion no later than 31 December 1999. The 
report shall be based inter alia on the 
information supplied by the Member States to 
the Commission and to the open network 
provision Committee. The report shall include 
an assessment of the need for continuation of 
this Directive, taking account of developments 
towards a fully competitive environment. 
Where necessary, the report shall examine what 
provisions of this Directive should be adapted 
in the light of the developments in the market, 
and further measures can be proposed in the 
report for the full implementation of the aims 
of this Directive. 
Annex 1(4) 
(based on EP Amendment 7) 
Harmonized approach to 
numbering/addressing/naming 
Numbering/addressing and in some instances 
naming provide for the selection of the 
destination or destinations, or for the selection 
of a service, of a service provider or a network 
operator. 
Adherence to a harmonized approach for 
numbering/addressing and, where applicable, 
naming is therefore essential to guarantee 
Europe-wide end-to-end interconnection of 
users and the interoperability of services. 
Furthermore, the allocation of 
numbers/addresses/names should be fair, 
proportionate and consistent with the 
requirements for equal access. Harmonized approach to 
numbering/addressing/naming 
Numbering/addressing and in some instances 
naming provide for the selection of the 
destination or destinations, or for the selection 
of a service, of a service provider or a network 
operator. 
Adherence to a harmonized approach for 
numbering/addressing and, where applicable, 
naming is therefore essential to guarantee 
Europe-wide end-to-end interconnection of 
users and the interoperability of services. 
Furthermore, the allocation of 
numbers/addresses/names should be fair, 
proportionate and consistent with the 
requirements for equal access. 
To achieve that, it is necessary: To achieve that, it is necessary: 
Common Position text Amended text 
to ensure the provision according to 
harmonized principles of adequate ranges of 
numbers and addresses, prefixes and short 
codes and, where applicable, of adequate 
naming, for all public telecommunications 
services, 
to ensure the coordination of national 
positions in international organizations and 
fora where decisions are taken on 
numbering/addressing/naming, taking into 
account possible future developments in 
numbering/addressing/naming at European 
level, 
to ensure that the relevant national 
telecommunications 
numbering/addressing/naming plans are 
under the supervision of the national 
regulatory authority, in order to guarantee 
independence from organizations providing 
public telecommunications networks or 
publicly available telecommunications 
services, 
to ensure that the procedures for allocating 
individual numbers/addresses/names, prefixes 
and short codes and/or 
addressing/numbering ranges are transparent, 
equitable and timely and that the allocation is 
carried out in an objective, transparent and 
non-discriminatory manner, taking into 
account the principle of proportionality, 
to give national regulatory authorities the 
possibility of laying down conditions for the 
use in numbering/addressing plans of certain 
prefixes or certain short codes, in particular 
where these are used for services of general 
public interest (e.g. directory services or 
emergency services), or to ensure equal 
access. to ensure the provision according to 
harmonized principles of adequate ranges of 
numbers and addresses, prefixes and short 
codes and, where applicable, of adequate 
naming, for all public telecommunications 
services, 
to ensure the coordination of national 
positions in international organizations and 
fora where decisions are taken on 
numbering/addressing/naming, taking into 
account possible future developments in 
numbering/addressing/naming at European 
level, 
to ensure that the relevant national 
telecommunications 
numbering/addressing/naming plans are 
under the supervision of the national 
regulatory authority, in order to guarantee 
independence from organizations providing 
public telecommunications networks or 
publicly available telecommunications 
services, and to enable number portability. 
to ensure that the procedures for allocating 
individual numbers/addresses/names, prefixes 
and short codes and/or 
addressing/numbering ranges are transparent, 
equitable and timely and that the allocation is 
carried out in an objective, transparent and 
non-discriminatory manner, taking into 
account the principle of proportionality, 
to give national regulatory authorities the 
possibility of laying down conditions for the 
use in numbering/addressing plans of certain 
prefixes or certain short codes, in particular 
where these are used for services of general 
public interest (e.g. directory services or 
emergency services), or to ensure equal 
access. 

ISSN 0254-1475 
COM(97) 32 final 
DOCUMENTS 
EN 15 08 06 
Catalogue number : CB-CO-97-029-EN-C 
ISBN 92-78-15267-6 
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