EN Official Journal of the European Union CE 84/374

(2004/C 84 E/0434)

WRITTEN QUESTION P-0360/04

by Benedetto Della Vedova (NI) to the Commission

(6 February 2004)

Subject: Failure to include directory services among universal service obligations

In September 2003 the Italian Government issued a legislative decree approving the ‘Electronic Communications Code’, which transposes into national law Directives 2002/19/EC (1) (Access Directive), 2002/20/EC (2) (Authorisation Directive), 2002/21/EC (3) (Framework Directive) and 2002/22/EC (4) (Universal Service Directive).

However, under the terms of the ‘Code’:

(a) the directory service (known in Italy as ‘Service 12’, provided by Telecom Italia) is not included among the services supplied as part of the universal service (Article 5 5 of the Code);

(b) the periodic review of the services to be included in the universal service is carried out by the Government, following consultation of the Telecommunications Authority (Article 65 of the Code).

Considering that:

— Articles 5 and 25 of the Universal Service Directive (2002/22/EC) provide for the inclusion of directory inquiry services among universal service obligations (this was reiterated, with reference to the ‘12’ service, by the Italian Communications Authority in its decision 103/03/CONS of April 2003); and Article 3 therefore stipulates that Member States will ensure that such services are made available ‘at the quality specified to all end-users in their territory, independently of geographical location, and, in the light of specific national conditions, at an affordable price’.

— Article 15 of Directive 2002/22/EC stipulates that the Commission (and not the national governments) will be responsible for carrying out a periodic review of the scope of universal service, in the light of social, economic and technological developments.

— The seriousness of the problem referred to in point (a) above is highlighted by the fact that it has caused a steady increase in the cost of the ‘12’ service between November and January, and almost a doubling of costs for residential users.

Does the Commission not consider, in view of the information given in points (a) and (b) above, that the ‘Electronic Communications Code’ contravenes the Universal Service Directive (2002/22/EC)?

Answer given by Mr Liikanen on behalf of the Commission

(11 March 2004)

Article 6(l)(b) of Directive 2002/22/EC of the Parliament and of the Council of 7 March 2002, on universal service and users' rights relating to electronic communications networks and services, hereafter the Universal Service Directive, provides that Member States shall ensure that at least one comprehensive telephone directory enquiry service is available to all end-users, including users of public pay phones. Since this service falls within the scope of universal service, it must be made available at a specified quality and at an affordable price. In the case of Italy, the ‘Codice delle Communicazione Elettroniche’ (Codice) (in Article 55) states that there are several different offers of directory enquiry services that met the above-mentioned criteria. Furthermore, the Codice provides for a six monthly review of the market conditions and empowers the Ministry of Communications to impose, where needed, the relevant obligation on designated undertaking(s).

At present, in Italy, end-users may choose between two or three different operators that provide directory enquiry services. They may use the service provided by Telecom Italia (number 12), the service provided by Seat Pagine Gialle (89.24.24) and that provided by their own telephone provider (412) (in these two last cases they are ‘enhanced’ directory enquiry services with the possibility to access information in addition to the simple telephone number).

Before the entry into force of the Codice, the directory enquiry service was provided by Telecom Italia (number 12) as the universal service provider. Under the current service conditions the price for the interactive voice recorded service remains more or less the same as before (that is EUR 0,50 for information) and is doubled if operator assistance is required.

As regards the second part of the Honourable Member's question, Article 65 of the Codice provides that the Ministry reviews every year the application of the universal service obligations in order to determine to which services they should be applied. Article 3(2) of the Universal Service Directive requires Member States to determine the most efficient and appropriate approach for ensuring the implementation of universal service, whilst respecting the principles of objectivity, transparency, non-discrimination and proportionality. It, therefore, appears fully appropriate and even desirable that national authorities should periodically review the conditions that have underpinned their earlier decisions. Also, the Codice explicitly states that the review will be based, among other things, on the position taken by the Commission as part of its periodic review under Article 15 of the Universal Service Directive.

The Commission will continue to monitor the compliance by the Member States, including Italy, with the Universal Service Directive and, in the event of non-compliance, may propose the opening of an infringement proceeding with a view to having the Court of Justice rule on the existence of this infringement. As the Honourable Member will recall, the Court has sole competence to rule on the legality or otherwise of a transposition measure. The Commission will, in particular, monitor the situation regarding the periodical review by the Italian authorities of the conditions under which these services are provided, so as to ensure that the principles of objectivity, transparency, non-discrimination and proportionality are met.

(1) OJ L 108, 24.4.2002, p. 7.

(2) OJ L 108, 24.4.2002, p. 21.

(3) OJ L 108, 24.4.2002, p. 33.

(4) OJ L 108, 24.4.2002, p. 51.