ix it 
*6* COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 21.11.1995 
COM(95) 575 final 
95/0020(COD) 
OPINION OF THE COMMISSION 
pursuant to Article 189b(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 
on the application of open network provision (ONP) 
to voice telephony 
AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

EXPLANATORY MEMORANDUM 
Article J89b.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 the amendments proposed by the 
European Parliament, including, in accordance with Article 189a (secondparagraph) of 
the EC Treaty, a modified proposal incorporating the EP amendments accepted by the 
Commission. 
OPINION OF THE COMMISSION " • 
1. BACKGROUND 
a) The Commission submitted its proposal to the Council on 1 February 1995 
[COM(94) 689 final). 
b) The European Parliament, on the first reading, adopted a favourable Resolution on 
16 May 1995, without proposing amendments to the Commission's proposal. 
c) The Economic and Social Committee gave its favourable opinion on 31 May 1995. 
d) The Council adopted its Common Position on 12 July 1995. 
e) The Commission accepted this Common Position and informed the European 
Parliament of its opinion on 14 July 1995. 
f) The European Parliament voted on the second reading on 26 October 1995, adopting 
a favourable resolution which included 2 amendments to the Common Position. 
2. PURPOSE OF THE DIRECTIVE 
The proposal for a Directive on the application of open network provision (ONP) to voice 
telephony services has three basic goals: 
- to establish the rights of users of voice telephony services; 
- to ensure open and non-discriminatory access to the public telephone network for all 
users, including service providers offering competitive services; 
to enhance Community-wide provision of voice telephony services. 
The proposed Directive is consistent with the importance which the Treaty gives to 
consumer protection in the European Union. 
3. POSITION OF THE COMMISSION ON THE EP AMENDMENTS 
The Commission can accept Amendment 1, as it provides clarification recalling the modus 
vivendi which was signed by European Parliament, the Council and the Commission at the 
end of 1994 and which covers implementing measures for acts adopted in accordance with 
the procedure laid down in Article 189b of the EC Treaty, such as this proposed 
Directive. 
The Commission can also accept Amendment 2. This is a compromise amendment which 
requires compensation and/or refund arrangements to be provided as a general rule if the 
service quality levels specified in the contracts are not met. 
4. CONCLUSION 
In conclusion, the Commission is of the opinion that the 2 amendments proposed by the 
European Parliament to the Council common position are fully compatible with the goals 
of the proposed Directive. 
The modified proposal incorporates these 2 amendments. 
Amended Proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
on the application of open network provision (ONP) 
to voice telephony 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 
» • '-.- '&',. SA-•••.'. '! - ..' .-*•*, 
.%!; 
Common position of the Council Amendment 
Recital 15a (new) 
(15a) 
Article 7(1) Whereas an agreement on a 
"modus vivendi" between 
the European Parliament, 
the Council and the 
Commission concerning the 
implementing measures for 
acts adopted i n 
accordance with the 
procedure laid down in 
Article 189b of the EC 
Treaty was reached on 20 
December 1994; 
1 . National regulatory authorities 
shall ensure that users have a 
contract which specifies the service 
to be provided by a 
telecommunications organization and 
any compensation and/or refund 
arrangements to be provided if the 
contracted service quality levels are 
not met. 1. National regulatory authorities 
shall ensure that users. have a 
contract which specifies the service 
to be provided by a 
telecommunications organization. 
National regulatory authorities shall 
as a general rule require 
compensation and/or refund 
arrangements to be provided if the 
contracted service quality levels are 
not met, and shall ensure that any 
exceptions to this rule are justified 
by the telecommunications 
organization s) concerned and made 
clear in the users' contract. 

ISSN 0254-1475 
COM(95) 575 final 
DOCUMENTS 
EN 15 
Catalogue number : CB-CO-95-613-EN-C 
ISBN 92-77-96324-7 
Office for Official Publications of the European Communities 
L-2985 Luxembourg