A4-0263/97

Decision on the common position adopted by the Council with a view to the adoption of the European Parliament and Council Directive on on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment (C4-0256/97 - 96/0226(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0256/97 - 96/0226(COD) ((OJ C 234, 1.8.1997, p. 87.)),

- having regard to its opinion at first reading ((OJ C 85, 17.3.1997, p. 117.)) on the Commission proposal to Parliament and the Council, COM(96)0419 ((OJ C 371, 9.12.1996, p. 22.)),

- having regard to the amended Commission proposal, COM(97)0287 ((OJ C 248, 14.8.1997, p. 13.)),

- 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 (A4-0263/97),

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 4

>Original text>

(4) Whereas a fundamental requirement of universal service is to provide users on request with a connection to the fixed public telephone network at a fixed location, at an affordable price; whereas there should be no constraints on the technical means by which the connection is provided, allowing for wire or wireless technologies; whereas fixed public telephone network infrastructure newly installed after 1 January 1998 should be of a quality which supports, in addition to speech, data communications at rates suitable for access to online information services; whereas affordability is a matter to be determined at national level in the light of specific national conditions, including town and country planning aspects; whereas the affordability of telephone service is related to the information which users receive regarding telephone usage expenses as well as the relative cost of telephone usage compared to other services; whereas, in relation to the provisions for affordable services for users in rural or high cost areas, Member States may make exceptions for holiday homes;

>Text following EP vote>

(4) Whereas a fundamental requirement of universal service is to provide users on request with a connection to the fixed public telephone network at a fixed location, at an affordable price and without discrimination; whereas there should be no constraints on the technical means by which the connection is provided, allowing for wire or wireless technologies; whereas fixed public telephone network infrastructure newly installed after 1 January 1998 should be of a quality which supports, in addition to speech, data communications at rates suitable for access to online information services; whereas affordability must be specified on the basis of guidelines, drawn up at European level, which take account of various conditions that can serve as guidance for the precise determination of affordability at national level in the light of specific national conditions, including town and country planning aspects; whereas the affordability of telephone service is related to the information which users receive regarding telephone usage expenses as well as the relative cost of telephone usage compared to other services; whereas, in relation to the provisions for affordable services for users in rural or high cost areas, Member States may make exceptions for holiday homes;

(Amendment 2)

Recital 6

>Original text>

(6) Whereas the importance of the fixed public telephone network and service is such that the latter should be available to anyone reasonably requesting it; whereas, in accordance with the principle of subsidiarity, it is for Member States to decide which organizations have the responsibility for providing the universal service for telecommunications as defined in this Directive, taking into account the ability of organizations to provide it; whereas corresponding obligations could be included as conditions in authorizations to provide publicly available telephone services; whereas, in accordance with Article 5(1) of Directive 97/../EC of the European Parliament and of the Council on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP), Member States may establish mechanisms for sharing the net cost of the universal service obligations with other organizations operating public telecommunications networks and/or publicly available voice telephony services; whereas public telecommunications networks include both public fixed networks and public mobile networks; whereas national regulatory authorities should satisfy themselves that those organizations benefiting from universal service funding provide sufficient level of detail of the specific elements requiring such funding in order to justify their request; whereas the Commission has adopted guidelines on the costing and financing of universal service indicating the level of detail to be provided in such declarations by operators;

>Text following EP vote>

(6) Whereas the importance of the fixed public telephone network and service is such that the latter should be available to anyone reasonably requesting it; whereas, in accordance with the principle of subsidiarity, it is for Member States to decide on the basis of objective and non- discriminatory criteria which organizations have the responsibility for providing the universal service for telecommunications as defined in this Directive, taking into account the ability of all operators who are willing to provide all or part of its elements; whereas corresponding obligations could be included as conditions in authorizations to provide publicly available telephone services; whereas, in accordance with Article 5(1) of Directive 97/../EC of the European Parliament and of the Council on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP), Member States may establish mechanisms for sharing the net cost of the universal service obligations with other organizations operating public telecommunications networks and/or publicly available voice telephony services; whereas public telecommunications networks include both public fixed networks and public mobile networks; whereas national regulatory authorities should satisfy themselves that those organizations benefiting from universal service funding provide sufficient level of detail of the specific elements requiring such funding in order to justify their request; whereas the accounting methods and the level of detail to be provided to be used for the costing and financing of universal service shall be monitored by the Commission in conformity with the applicable competition law and sector- specific Directives;

(Amendment 3)

Recital 8

>Original text>

(8) Whereas Member States shall, where appropriate, take suitable measures in order to guarantee the access to and affordability of fixed public telephone services for disabled users and users with special social needs; whereas this could include, where appropriate, specific measures for blind, partially sighted, deaf or hearing-impaired people;

>Text following EP vote>

(8) Whereas Member States shall, where appropriate, take suitable measures in order to guarantee the access to and affordability of all fixed public telephone services for disabled users and users with special social needs; whereas this does include, wherever appropriate, specific measures for blind, partially sighted, deaf or hearing-impaired people; whereas free access to directory enquiry services for disabled users, especially blind, partially sighted, deaf, hearing- impaired or speech-impaired people, is essential to guarantee their equal access to information available to the general public;

(Amendment 5)

Recital 14

>Original text>

(14) Whereas price transparency should ensure that residential subscribers do not subsidize discounts to business customers; whereas certain obligations concerning tariffs and cost accounting systems will no longer be appropriate once competition is introduced and whereas others can be relaxed by the competent national regulatory authority as soon as competition achieves the desired objectives; whereas in all cases the non-discrimination requirements of the competition rules of Community law apply; whereas the requirement for unbundling does not prevent facilities from being combined in a tariff package;

>Text following EP vote>

(14) Whereas price transparency should ensure that residential subscribers do not subsidize discounts to business customers; whereas certain obligations concerning tariffs and cost accounting systems will no longer be appropriate once competition is introduced and whereas others can be relaxed by the competent national regulatory authority as soon as competition achieves the desired objectives; whereas in all cases the non-discrimination requirements of the competition rules of Community law apply; whereas the requirement for unbundling does not prevent facilities from being combined in a tariff package, provided this practice is not used to unduly restrict the users' freedom of choosing their suppliers for the different services they may wish to use;

(Amendment 6)

Article 1(1), second subparagraph

>Original text>

The aims are to ensure the availability throughout the Community of good quality fixed public telephone services and to define the set of services to which all users, including consumers, should have access in the context of universal service in the light of specific national conditions, at an affordable price.

>Text following EP vote>

The aims are to ensure the availability throughout the Community of good quality fixed public telephone services and to define the set of services to which all users, including consumers, should have access in the context of universal service.

(Amendment 7)

Article 2(2)(d)

>Original text>

(d) 'public pay-telephone¨ means a telephone available to the general public, for the use of which the means of payment are coins and/or credit/debit cards and/or pre-payment cards;

>Text following EP vote>

(d) 'public pay-telephone¨ means a telephone, or a text-telephone when this is needed to ensure access to the service by disabled users according to Article 8 of this Directive, available to the general public, for the use of which the means of payment are coins and/or credit/debit cards and/or pre-payment cards;

(Amendment 8)

Article 2(2)(f)

>Original text>

(f) 'universal service¨ means a defined minimum set of services of specified quality which is available to all users independent of their geographical location and, in the light of specific national conditions, at an affordable price;

>Text following EP vote>

(f) 'universal service¨ means a defined minimum set of services of specified quality which is available to all users in the European Union independent of their geographical location and at an affordable price;

(Amendment 9)

Article 2(2)(fa) (new)

>Text following EP vote>

(fa) 'affordable price¨ means a price which the Member States define as such on the basis of guidelines drawn up at European level and in the light of specific national conditions, including town and country planning aspects, after carrying out the consultation referred to in Article 24; the Commission shall make the necessary proposals to this end after having consulted all interested parties;

(Amendment 10)

Article 3(1), first subparagraph

>Original text>

1. Member States shall ensure that the services set out in this Chapter are made available to all users in their territory, independent of geographical location, and, in light of specific national conditions, at an affordable price as determined by them.

>Text following EP vote>

1. Member States shall ensure that the services set out in this Chapter are made available to all users in their territory, independent of geographical location, and at an affordable price.

(Amendment 11)

Article 4, second paragraph a (new)

>Text following EP vote>

Member States may impose additional universal service requirements. Such additional requirements may not, under any circumstances whatever, have an impact on the costing of universal service provision as laid down at EU level and may not be financed from a mandatory contribution by market players.

(Amendment 15)

Article 10

>Original text>

1. National regulatory authorities shall ensure that organizations providing access to fixed public telephone networks and mobile public telephone networks provide a contract. The contract shall specify the service to be provided or shall make reference to publicly available terms and conditions. The contract or the publicly available terms and conditions shall at least specify the supply time for initial connection and the types of maintenance service offered, the compensation and/or refund arrangements for subscribers which apply if the contracted service is not met and a summary of the method of initiating procedures for the settlement of disputes in accordance with Article 26.

>Text following EP vote>

1. National regulatory authorities shall ensure that organizations providing access to fixed public telephone networks and mobile public telephone networks provide a contract. The contract shall specify the service to be provided or shall make reference to publicly available terms and conditions. The contract or the publicly available terms and conditions shall at least specify the supply time for initial connection, the types of maintenance service and the level of quality of service offered, the compensation and/or refund arrangements for subscribers which apply if the contracted service is not met and a summary of the method of initiating procedures for the settlement of disputes in accordance with Article 26.

>Original text>

2. National regulatory authorities or other competent bodies according to national legislation shall be able to require the alteration of the conditions of contracts referred to in paragraph 1 and the conditions of any compensation and/or refund schemes used insofar as they concern the provisions of this Directive in order to protect the rights of users and/or subscribers.

>Text following EP vote>

2. National regulatory authorities or other competent bodies according to national legislation shall be able on their own initiative or upon request by a subscriber or an organization representing user or consumer interests to require the alteration of the conditions of contracts referred to in paragraph 1 and the conditions of any compensation and/or refund schemes used insofar as they concern the provisions of this Directive in order to protect the rights of users and/or subscribers.

>Text following EP vote>

Alterations may be called for only on the basis of predetermined criteria.

>Text following EP vote>

The Commission shall ensure that the alterations called for do not interfere with fair competition on the market.

(Amendment 26)

Article 12(1), first subparagraph

>Original text>

1. Member States shall be able where they deem it necessary, to set the quality of services identified in this Directive for organizations providing fixed public telephone networks and/or fixed public telephone services.

>Text following EP vote>

1. Member States shall take the necessary steps to ensure the quality of services identified in this Directive for organizations providing fixed public telephone networks and/or fixed public telephone services.

>Text following EP vote>

The Commission shall review the quality of those services offered throughout the Community in a biannual report to the Council and the European Parliament.

(Amendment 17)

Article 14(1), first subparagraph

>Original text>

1. In order to ensure that users have access over fixed public telephone networks as early as possible to the facilities of:

>Text following EP vote>

1. In order to ensure that users have access over fixed public telephone networks as early as possible to the facilities of:

>Original text>

- tone dialling

- itemized billing and selective call barring as facilities available on request,

>Text following EP vote>

- tone dialling

- itemized billing and selective call barring as facilities available on request, and in alternative formats for blind and partially sighted people,

>Original text>

Member States may designate one or more operators to provide these facilities to most telephone users before 31 December 1998 and to ensure that they are generally available before 31 December 2002.

>Text following EP vote>

national regulatory authorities may designate one or more operators to provide these facilities to most telephone users before 31 December 1998 and to ensure that they are generally available before 31 December 2001.

(Amendment 19)

Article 15(4)

>Original text>

4. Where the facility of number portability, as referred to in Article 12(5) of Directive 97/.../EC on interconnection, is not yet in use, national regulatory authorities shall ensure that, for a reasonable period after a subscriber has changed supplier, either a telephone call to his old number can be re-routed to his new number or callers are given an indication of the new number.

>Text following EP vote>

4. Where the facility of number portability, as referred to in Article 12(5) of Directive 97/.../EC on interconnection, is not yet in use, national regulatory authorities shall ensure that, for a reasonable period after a subscriber has changed supplier, either a telephone call to his old number can be re-routed to his new number for a reasonable fee or callers are given an indication of the new number, without charging the user or the callers for this service.

>Original text>

National regulatory authorities shall ensure that any fees for the above facilities are reasonable.

(Amendment 20)

Article 16(1)

>Original text>

1. National regulatory authorities shall ensure that the organizations with significant market power in the provision of fixed public telephone networks deal with reasonable requests from organizations providing telecommunications services for access to the fixed public telephone network at network termination points other that the commonly provided network termination points referred to in Part 1 of Annex II.

>Text following EP vote>

1. National regulatory authorities shall ensure that the organizations with significant market power in the provision of fixed public telephone networks deal with reasonable requests from organizations providing telecommunications services for access to the fixed public telephone network at network termination points other that the commonly provided network termination points referred to in Part 1 of Annex II. This obligation may only be limited if there are technically and commercially viable alternatives to the special access requested, and if the requested access is inappropriate in relation to the resources available to meet the request.

(Amendment 21)

Article 28

>Original text>

Modifications necessary to adapt Annexes I, II and III to this Directive to technological developments or to changes in market demand shall be determined in accordance with the procedure laid down in Article 30.

>Text following EP vote>

Modifications necessary to adapt Annexes I, II and III to this Directive to technological developments or to changes in market demand shall be determined in accordance with the procedure laid down in Article 29.

(Amendment 22)

Article 30

>Original text>

Article 30

Regulatory Committee procedure

1. Notwithstanding the provisions of Article 29, the following procedure shall apply in respect of the matters covered by Article 28.

>Text following EP vote>

Deleted

>Original text>

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.

>Original text>

3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.

>Original text>

If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

>Original text>

If, on expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.