EN Official Journal of the European Union CE 78/855

(2004/C 78 E/0908)

WRITTEN QUESTION E-3762/03

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(11 December 2003)

Subject: Commission proceedings against Greece for infringing Community legislation in the telecommunications sector

In response to a recent question I tabled on the provision of the ADSL service in Greece (E-3072/03 (1)), the Commissioner responsible stated that ‘Greece has not yet transposed the new Community [regulatory] framework [for electronic communications]’ and that ‘the Commission has been informed of the slow progress in the provision of broadband services in Greece’. He also states that the ‘the Commission has initiated infringement proceedings against Greece for non-communication of the transposition measures.’ As regards the limited margin between wholesale and retail prices for the provision of ADSL lines, he states that the Commission is following the case closely and will ‘either bring infringement proceedings … or use its powers under the EC Treaty competition rules’ should the behaviour by OTE prove to be incompatible with its obligations under Article 82 of the EC Treaty.

Will the Commission say:

1. When did it bring infringement proceedings for non-communication of the transposition measures into Greek domestic legislation, what deadlines has it given the Greek government and what measures does it envisage taking should Greece fail to meet these deadlines?

2. When is a decision expected to be taken on the behaviour by OTE regarding the margin between wholesale and retail prices, and what measures does it intend to take in the event of an infringement of Community competition legislation?

Answer given by Mr Liikanen on behalf of the Commission

(3 February 2004)

1. The Commission opened four infringement proceedings against Greece, in particular for non- transposition of the Framework Directive (2), the Universal Service Directive (3), the Authorisation Directive (4) and the Access Directive (5). In this context, the Commission sent on 6 October 2003 four Letters of Formal Notice (LFN) to Greece. A deadline of two months was given to Greece to reply to the LFN until 6 December 2003. Greece has recently replied informing the Commission that a draft law has already been prepared by the Ministry following a public consultation. Nevertheless, the Commission's concerns expressed in the Letters of Formal Notice were not satisfied by the reply of Greece and in view of the situation the Commission has decided to proceed to the next phase of the infringement proceedings and send Reasoned Opinions to Greece. Relevant information on the proceedings was made public by the Commission in a press release on 8 October 2003 and 17 December 2003 (6) as well as the 9th Implementation Report (7) published recently.

2. The National Communications and Post Commission (EETT), the Greek Regulator, is in principle responsible for reviewing the tariffs applied by OTE. In this context, the EETT needs to ensure that price squeezes are not practised by any party. The Commission has already provided guidance to National Regulatory Authorities (NRAs) in its 1998 ‘Access Notice’ (8) to monitor possible price squeezes (see in articular paragraphs 117 and 118). NRAs in other Member States have already applied price squeeze tests in line with this notice, in particular on the network architecture and network protocol (xDSL) markets. It is, in the first place, the responsibility of the NRAs to inquire about any possible anticompetitive behaviour by any operator, given of course, that they are sufficiently equipped with all necessary powers. The Commission, on the other hand, examines any formal complaints submitted to it by any interested party identifying possible infringements of the Community competition rules. So far, no such complaint has been received.

(1) See page 218.

(2) Directive 2002/21/EC of the Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), OJ L 108, 24.4.2002.

(3) 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 (Universal Service Directive), OJ L 108, 24.4.2002.

(4) Directive 2002/20/EC of the Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive), OJ L 108, 24.4.2002.

(5) Directive 2002/19/EC of the Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive), OJ L 108, 24.4.2002.

(6) IP/03/1356 and IP/03/1750.

(7) Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions (COM(2003) 715 final), Report on the Implementation of the EU Electronic Communications Regulatory Package.

(8) Notice on the application of the competition rules to access agreements in the telecommunications sector — Framework, relevant markets and principles, OJ C 265, 22.8.1998.