OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the authorisation of electronic communications networks and services AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

2000/0188 (COD)

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the authorisation of electronic communications networks and services AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

1. Introduction

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is to deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission sets out its opinion below on the 4 amendments proposed by Parliament.

2. Background

In response to the conclusions of the special European Council of Lisbon of 23 - 24 March 2000, and building on the Communication on the results of the public consultation on the 1999 Review of the Electronic Communications Sector and the principles and orientations for the new Regulatory Framework (COM(2000)239), the Commission proposed a package of five directives that would make up the new regulatory framework, including a Directive on the authorisation of electronic communications networks and services.

The European Parliament adopted its first reading on 1 March 2001. The Council adopted its common position on 17 September 2001. The Commission supported the common position.

The amendments voted by the European Parliament are part of a compromise package of amendments on four directives, including the present directive, and one decision on spectrum that was put as an ensemble to the EP by the Council Presidency. The package was accepted in its totality in the plenary vote by the EP on 12 December. Since the amendments are acceptable to the Council, the conciliation procedure will not be invoked. Final adoption by the Council is foreseen in the beginning of 2002 following verification of the texts by jurist-linguists.

3. Purpose of the proposal

This proposed Directive aims to simplify and harmonise existing national systems for the authorisation of electronic communications services and networks. The proposed general authorisation system would apply to all such services and networks regardless of their technological characteristics and would limit administrative barriers to entry in the market to a minimum.

4. Opinion of the Commission on the amendments by the European Parliament

The European Parliament adopted 4 amendments to the Authorisation Directive on 12 December 2001. The Commission can accept all of them in full.

Amendment 10 - Recital 32

New wording has been added regarding payment arrangements for one-off usage fees for radio frequencies. The new text also suggests that the Commission may publish benchmark studies to compare assignment practices for radio frequencies, numbers and rights to install facilities.

Amendment 11- Article 14, paragraph 2a

The European Parliament has added a new paragraph to limit the restriction or withdrawal of rights to install facilities and including a reference to possible compensation in such cases.

Amendment 6 - Article 15, paragraph 2

Article 15 on the creation of a transparency register regarding rights to install facilities has been strengthened.

Amendment 7 - Article 17, paragraph 2

The additional transition period for cases where the new authorisation regime would lead to a reduction of rights or an extension of obligations, has been shortened from 12 to 9 months.

5. Conclusion

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out above.