EN Official Journal of the European Union CE 78/805

(2004/C 78 E/0854)

WRITTEN QUESTION P-3364/03

by Christos Folias (PPE-DE) to the Commission

(10 November 2003)

Subject: New regulatory framework for telecommunications

The new regulatory framework for telecommunications consists of the following four directives: 2002/19/EC (1) on access, 2002/20/EC (2) on authorisation, framework directive 2002/21/EC (3), and 2002/22/EC (4) on universal service. This framework is to support the development of competition and the resulting benefits to consumers and to promote the Lisbon objectives. The four directives should have been incorporated into national law by 24 July 2003 at the latest. The new measures under the directives were also to have been implemented on the same date.

Did all the Member States meet the deadline of 23 July 2003 for implementing the new regulatory framework? If not, which Member States did not do so?

In the event that some Member States have not duly complied with their obligations under the new framework, what measures will the Commission take — or what steps has it already taken — to ensure that the regulatory framework is implemented and within what timeframe?

Does the Commission agree that failure to transpose and implement the new regulatory framework undermines the efforts made to attain the Lisbon objectives?

Answer given by Mr Liikanen on behalf of the Commission

(8 December 2003)

The Honourable Member is correct in surmising that not all Member States met the deadline of 24 July 2003 for transposition of the four Directives constituting the main elements of the new regulatory framework for electronic communications; that is the Framework Directive 2002/21/EC of the Parliament and of the Council of 7 March 2002, the Access and Interconnection Directive 2002/19/EC of the Parliament and of the Council, the Authorisation Directive 2002/20/EC of the Parliament and of the Council and the Universal Service Directive 2002/22/EC of the Parliament and of the Council.

Consequently, on 6 October 2003 the Commission opened infringement proceedings under Article 226 of the EC Treaty for failure to notify transposition measures against those Member States which had not done so by that date. The Member States concerned were Belgium, Germany, Greece, Spain (5), France, Luxembourg, the Netherlands and Portugal.

On that occasion, the member of the Commission responsible for Information Society and Enterprise commented (6): ‘Following liberalisation of the European telecommunications markets in 1998, which has driven growth and innovation and the widespread availability of services to the public, the Commission now regards it as a priority to encourage timely transposition of the new framework for electronic communication. In addition to providing the legal predictability and regulatory flexibility necessary for continued investment in the sector, this will complement the eEurope objective of achieving competitive local access for internet services over broadband networks as cheaply as possible on a sustainable basis.’ The Commission, therefore, fully agrees with the Honourable Member on the importance of the full, effective and timely implementation of the new regulatory framework for the development of the electronic communications markets and the fulfilment of the Lisbon objectives.

Another important element of the new regulatory framework for electronic communications is the so-called ePrivacy Directive (7), the deadline for transposition of which was 31 October 2003. As of that date, only six Member States had notified transposition measures in relation to that Directive. These were Denmark, Spain, Italy, Austria, Sweden and the United Kingdom. Since then, Ireland has also adopted transposition measures. The Commission will therefore be opening infringement proceedings, in accordance with its normal procedures, against Member States which fail to notify transposition measures also in relation to the e Privacy Directive.

However, the Commission remains committed to using all available means to help resolve implementation problems with the Member States, and does not intend to rely on infringement proceedings alone. In this regard, the Commission continues to work together with the Member States' authorities and, in particular, with the independent national regulatory authorities, with a view to achieving consistent application of the framework throughout the Union. Such co-operation takes place in the Communications Committee (COCOM) and the European Regulators Group (ERG) as well as in the Radio Spectrum Committee (RSC) and the Radio Spectrum Policy Group (RSPG), but also in bilateral meetings with the Member States.

(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.

(5) Since that date Spain has adopted transposition measures and the infringement proceedings in respect of that Member State will therefore be closed upon notification to the Commission of the measures concerned.

(6) See Commission Press Release IP/03/1356 of 8.10.2003.

(7) Directive 2002/58/EC of the Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ L 201, 31.7.2002.