A4-0270/97

Resolution on the communication from the Commission on assessment criteria for national schemes for the costing and financing of universal service in telecommunications and guidelines for the Member States on the operation of such schemes (COM(96)0608 - C4- 0647/96)

The European Parliament,

- having regard to the Commission communication, COM(96)0608 - C4-0647/96,

- having regard to European Parliament and Council Directive 97/33/EC of 30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of open network provision (ONP) ((OJ L 199, 26.7.1997, p. 32.)),

- having regard to European Parliament and Council Directive 97/.../EC amending Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications ((95/280(COD), not yet published in the OJ.)),

- having regard to Commission Directive 96/19/EC of 13 March 1996 amending Directive 90/388/EEC (full competition Directive) which stipulates that Member States must inform the Commission of financial obligations with regard to universal service no later than 1 January 1997 and must publish them no later than 1 July 1997 ((OJ L 74, 22.3.1996, p. 13.)),

- having regard to its resolution of 12 December 1996 on the Commission communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on Universal Service for telecommunications in the perspective of a fully liberalized environment - an essential element of the information society ((OJ C 20, 20.1.1997, p. 156.)),

- having regard to its opinion of 20 February 1997 on the proposal for a European Parliament and Council Directive on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment ((OJ C 85, 17.3.1997, p. 117.)),

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy and the opinion of the Committee on Legal Affairs and Citizens' Rights (A4-0270/97),

1. Expresses its disapproval of the fact that the important subject of Universal Service is covered and regulated in a variety of directives and communications;

2. Refers in this context to the considerable differences in interpretation between the Member States which are, in part, caused by this fragmentation and which create an uncertain investment climate for the telecommunications industry and inequalities in the level of service for European citizens; reaffirms, therefore, the importance of having a consolidated directive on telecommunications in the near future;

3. Supports in principle the publication of guidelines and criteria for the costing and financing of universal telecommunications service, but wonders what the precise legal status of this communication is, and what would happen if a Member State were to use a method other than the one prescribed therein;

4. Refers in this respect to the desire expressed by Parliament for a directive at European level on costing and financing universal telecommunications service;

5. Stresses that with regard to telecommunications, as in any other area, the Commission has a duty to adopt a consistent legislative approach which will provide legal certainty and that the provisions of the communication under review must not prejudge the content of legislative acts on the subject which have not yet been adopted;

6. Requests the Commission to clarify the statement published in the communication on the financing of universal service which is included in the minutes of the Telecommunications Council ((e Annex C of the communication: 'Commission statement to the minutes of the 1910th meeting of Council (Telecommunications) on 27 March 1996 on who contributes to universal service'.)), and notes that Parliament was not involved in this although Article 100a was the legal basis of the directive discussed at the Telecommunications Council in question;

7. Calls on the Commission to publish an overview of legislation on the financing of universal telecommunications service in the Member States once the latter have complied with their obligation under Directive 96/19/EC;

8. Welcomes the setting up by the responsible services of the Commission of a joint team to improve coordination of telecommunications policy;

9. Notes that, with regard to costing and financing, the Commission's actions should fall within the framework of the universal service in telecommunications, on the basis of general legal principles and in particular the principles of non-discrimination and proportionality.

10. Stresses that universal service is an evolving concept which can eventually be expanded, depending on developments in technology and on the market;

11. Reaffirms its conviction that the level of service specified in existing Community legislation is currently realistic;

12. Supports the principle that Member States which have not (yet) introduced a mechanism for universal service should have complete discretion to do so because the operation of the market guarantees the provision of universal service in the Member States in question;

13. If the Member States do set up a system of universal service, stresses the need for a directive with a harmonized list of what cost items and types of cost are and are not permitted;

14. Subscribes to the principle that the rules for universal telecommunications service should only relate to the costs to be allocated to the provision of the universal service;

15. Stresses the principle derived from Community legislation that net costs should be calculated on the basis of procedures and criteria which are objective, transparent and non-discriminatory and satisfy the principle of proportionality;

16. Subscribes to the principle that the approach to the costing should be forward-looking;

17. Calls on the Commission to ensure that market operators are not asked to make a contribution to universal service for as long as there are no cost-based interconnection tariffs in a Member State;

18. Stresses that any rules on the access deficit should be temporary in nature, and not extending beyond 1 January 2000, that they should be transparent and proportional and should ultimately be abolished entirely once the requisite tariff restructuring has taken place;

19. Stresses that even after tariff restructuring every citizen should have the right to a connection which is affordable and that a universal service mechanism can be set up for this purpose;

20. Calls on the Commission to ensure that any temporary contributions from telecommunications enterprises for access deficits are kept entirely separate from contributions for universal service, since the two relate to quite different concepts;

21. Calls on the Commission in particular to ensure that Member States seeking to finance net costs of universal service in the telecommunications sector from the public budget should only take such action if they fully conform with the rules on state aid as set out in Articles 92 to 94 of the EC Treaty, to avoid existing enterprises being given an unfair advantage;

22. Stresses that it should not automatically be the person currently granting the universal service who should continue to do so in a fully liberalized environment, but the person who can supply the basic package of telecommunications services in as efficient a way as possible and at the best possible standard for the consumer; points out that supplying a universal service can entail substantial commercial and marketing advantages;

23. Instructs its President to forward this resolution to the Commission and the Council.