EN Official Journal of the European Union CE 88/264

(2004/C 88 E/0269)

WRITTEN QUESTION P-0992/04

by Francesco Fiori (PPE-DE) to the Commission

(24 March 2004)

Subject: Telecommunications

The new regulatory framework enables authorities to intervene in the telecommunications market and gives them broad discretionary powers when deciding which obligations would be most appropriate in order to remedy market failure. The directives do not provide sufficiently detailed guidance on how to modulate regulatory action in terms of the possible range of obligations which the authorities may impose.

The Commission indicated in its 2004 work programme that it had adopted a recommendation seeking to lay down guidelines for choosing regulatory action in accordance with the proportionality principle and in keeping with the regulatory objectives laid down in the framework directive.

In its 2004 work programme the ERG states that it plans to adopt a document which it calls a ‘draft joint ERG/EC approach on appropriate remedies in the new regulatory framework’. For harmonisation purposes, legislative action is indeed required in order to establish criteria for the application of remedies in the new regulatory framework. Clarifications should therefore be provided as to the legal status of the joint ERG/EC approach and its role in the Community and national legal systems.

Answer given by Mr Liikanen on behalf of the Commission

(30 April 2004)

The new regulatory framework has the objective of achieving a harmonised framework for the regulation of electronic communications services, electronic communications networks, associated facilities and associated services. However, a regulator's choice of the particular remedy or remedies to be applied to firms with significant market power is addressed at national level. Aside from exceptional remedies (which are in any case subject to Commission control), all remedies available to be imposed on undertakings designated as having Significant Market Power (SMP) are laid out in Articles 9 to 13 of the Access and Interconnection Directive (1) and in Chapter III of the Universal Service Directive (2).

As set out in Article 7(2) of the Framework Directive (3), national regulatory authorities, when exercising their independent powers under the new regulatory framework, must contribute to the development of the internal market by co-operating with each other, and with the Commission, in a transparent manner to ensure consistent application of the framework. In particular, national regulatory authorities must seek to agree on the types of instruments and remedies best suited to address particular types of situations in the market place.

This is the basis upon which the European Regulators Group (ERG) has adopted an ERG Common Position on the approach to appropriate remedies in the new regulatory framework. Directorate-General (DG) Information Society and DG Competition collaborated with the ERG in preparing this document, but the Common Position remains a document of the ERG.

(1) 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, OJ L 108, 24.4.2002.

(2) 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, OJ L 108, 24.4.2002.

(3) 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, OJ L 108, 24.4.2002.