WRITTEN QUESTION P-3544/98

by Alexandros Alavanos (GUE/NGL) to the Commission

(18 November 1998)

Subject: Transposition by Greece of telecommunications directives

Through a series of presidential decrees and laws Greece has transposed a number of directives relating to telecommunications into national law, notably Directives a) 95/51/EC(1) on the abolition of the restrictions on the use of cable television networks: Presidential Decree 123/Gov. Journal A 103/15.5.98; b) 96/2/EC(2) on mobile and personal communications: Presidential Decree 124/ Gov. Journal A 103/15.5.98; c) 93/97/EEC(3) on satellite earth station equipment: Presidential Decree 122/Gov. Journal A 103/15.5.98; d) 94/46/EC(4) on satellite communications: Presidential Decree 212/Gov. Journal A 166/25.8.97; and e) 96/19/EC(5) on the implementation of full competition in telecommunications markets: Law 2578/98.

Given reports that the Commission is concerned about the correct transposition of the above directives, will it say:

1. Does it consider that Greece has failed fully and properly to transpose the above directives?

2. Has the transposition of these directives posed problems in any Member States? If so, which Member States are involved and which problems have arisen?

3. What measures has the Commission taken in respect of individual Member States to encourage them to transpose the directives correctly?.

Answer given by Mr Van Miert on behalf of the Commission

(18 January 1999)

1. The Commission notes that Greece has made progress in implementing the telecommunications regulatory framework. The Commission has concluded that Greece has fully transposed Council Directive 93/97/EEC (satellite earth station equipment). However, Greece has failed to transpose fully or notify to the Commission measures to enable the Commission to confirm (i) that all necessary legal measures have been taken and that pending licences have been granted in accordance with Directive 94/46/EC (satellite communications), (ii) that all necessary secondary legislation has been adopted to transpose Directive 95/51/EC (cable television networks), and (iii) that measures have been taken to grant further DCS 1800 and DECT licences and that all restrictions on direct interconnection between mobile communications system in Greece with fixed networks and mobile communications systems in other Member States have been lifted in accordance with Directive 96/2/EC (mobile and personal communications). Furthermore, Greece has failed also to transpose Directive 90/388/EEC as amended by Directive 96/19/EC in conjunction with the Commission's Decision 97/607/EC of 18 June 1997 concerning the granting of additional implementation periods to Greece for the implementation of Directive 90/388/EEC as regards full competition in the telecommunications markets(6). Greece should have adopted and notified such measures, which are necessary to lift the current restrictions on the establishment and operation of own infrastructures for the provision of liberalised infrastructures, including the necessary granting of licences, by 1 October 1997.

2. The Commission has also identified lack of transposition or incorrect transposition in respect of the above directives in Luxembourg (incomplete transposition of Directive 94/46/EC), in Portugal (incomplete transposition of Directive 95/51/EC), in Italy, Spain, Belgium and France (incorrect transposition of Directive 96/19/EC) and in Belgium (transposition of Directive 93/97/EEC). Furthermore Portugal has failed to take all necessary measures to lift the remaining restrictions on the provision of liberalised telecommunications services on alternative infrastructures. According to Commission Decision 97/310/EC of 12 February 1997 concerning the granting of additional implementation periods to Portugal for the implementation of Commission Directives 90/388/EEC and 96/2/EC as regards full competition in the telecommunications markets(7), Portugal was allowed to postpone the lifting of such restrictions until 1 July 1997.

As part of its assessment the Commission has adopted four reports on the state of implementation of the regulatory package. The latest was adopted by the Commission on 25 November 1998(8). This can be found on the Commission's websites: http://europa.eu.int/comm/dg04/lawliber/libera.htm and http://ispo.cec.be/infosoc/ telecompolicy.

3. Meetings are held from time to time between the Commission and the Member States' administrations to discuss the implementation of the telecoms directives. In addition, the implementation progress is closely monitored in the framework of the drafting of the reports on the state of implementation of the regulatory package. Where this does not timely yield results, the Commission nevertheless opens infringement proceedings against the Member States. Currently there are 84 proceedings open (54 relating to the harmonisation directives and 30 relating to the liberalisation directives) as regards the telecoms directives. If the Member State does not comply with the Commission's reasoned opinion, the case is brought before the Court of justice.

(1) OJ L 256, 26.10.1995, p. 49.

(2) OJ L 20, 26.1.1996, p. 59.

(3) OJ L 290, 24.11.1993, p. 1.

(4) OJ L 268, 19.10.1994, p. 15.

(5) OJ L 74, 22.3.1996, p. 13.

(6) OJ L 245, 9.9.1997.

(7) OJ L 133, 24.5.1997.

(8) COM(98) 594.