WRITTEN QUESTION E-1899/97 by Amedeo Amadeo (NI) to the Commission (4 June 1997)

Subject: ONP [Open Network Provision]

The 'Proposal for a European Parliament and Council Directive on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment' (COM(96) 0419 final - 96/0226 COD) ((OJ C 371, 9.12.1996, p. 22. )) sets out the scope of the universal telecommunications service to be made available to all users in the EU and calls on the Member States to take the necessary measures to ensure that the service is affordable, taking into account the national context. The directive also establishes harmonized conditions for the provision in the European Union of fixed public telephone networks and publicly available telephone services.

This proposal comes under the regulatory framework for the telecommunications sector, which is being put in place with a view to opening up markets and introducing free competition after 1998.

Whilst the definition of universal service set out in the proposed directive is acceptable, the Commission is asked to ensure that universal service is not necessarily confused with minimum service since this could cause citizens to form the opinion that Europe only guarantees these minimum rights?

Answer given by Mr Bangemann on behalf of the Commission (16 July 1997)

The proposal for a European Parliament and Council Directive on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment ((COM(97) 287 final. )) (replacing European Parliament and Council Directive 95/62/EC) ((OJ L 321, 30.12.1995. )) closely defines the services to which all users are to have access as part of the universal service.

The general definition of universal service set out in Article 2 had already been contained in the proposal for a European Parliament and Council Directive on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principle of open network provision (ONP) ((OJ C 313, 24.11.1995. )). That definition was not amended during the joint decision making procedure.

In addition that Directive sets out the conditions attached to financing the universal service. It may, if necessary, be financed by contributions by the new entrants on the liberalised telecommunications market. However, those contributions must not constitute a dissuasive market access cost nor an obstacle to the development of competition; The experience of the countries that have liberalised their telecommunications market shows, indeed, that, where it is possible, full competition guarantees high-performance services at the best prices for individual customers; The level of service guaranteed by the draft directive on voice telephony takes account of that balance between the scope for financing the service and the need to expand the competition.

The use of the term 'minimal' guarantees access to the services described to all individual customers while leaving room for more developed services. It should be noted that the service level guaranteed in the draft directive on voice telephony is higher than the service level currently available, at an affordable price, in certain regions of the Community. This is particularly the case as regards availability, quality, directories, public telephones and specific facilities for disabled users and users having specific needs. The outcome is that the overall 'minimum' to which the draft directive refers is very clearly greater than the minimum available today to all of the Union's citizens.